A. Any person who, without the consent of some person authorized to give such consent, goes or enters upon, in the nighttime, the premises or property of any church or upon any school property for any purpose other than to attend a meeting or service held or conducted in such church or school property, shall be guilty of a Class 3 misdemeanor.
B. It shall be unlawful for any person, whether or not a church member or student, to enter upon or remain upon any church or school property in violation of (i) any direction to vacate the property by a person authorized to give such direction or (ii) any posted notice which contains such information, posted at a place where it reasonably may be seen. Each time such person enters upon or remains on the posted premises or after such direction that person refuses to vacate such property, it shall constitute a separate offense.
A violation of this subsection shall be punishable as a Class 1 misdemeanor, except that any person, other than a parent, who violates this subsection on school property with the intent to abduct a student shall be guilty of a Class 6 felony.
C. For purposes of this section: (i) "school property" includes a school bus as defined in § 46.2-100 and (ii) "church" means any place of worship and includes any educational building or community center owned or leased by a church.
Code 1950, § 18.1-182; 1960, c. 358; 1975, cc. 14, 15; 1988, c. 497; 1989, c. 680; 1993, c. 961; 1994, c. 326; 1995, cc. 493, 642; 1997, c. 779.
Notes of Decisions
Cole v. Buchanan Cnty. Sch. Bd., 328 F. App'x 204 (4th Cir. 2009).
· cites it 3× “” Va.Code Ann. § 18.2-128. Additionally, Virginia’s general trespass statute applies to school property.”
Samuel Leon Burgess v. Commonwealth of Virginia (Va. Ct. App. 2021).
· cites it 2× “The case is remanded to the trial court to clarify how this ruling impacts the appellant’s remaining sentences in light of the fact that the sentencing order does not explain how the court apportioned the periods of active and suspended incarceration among the various offenses…”
Lucas v. Henrico Cnty. Pub. Sch. Bd. (E.D. Va. 2019).
· cites it 2× “Steverson) to unlawfully serve, prosecute, and convict Plaintiffs of trespassing on school grounds under Va. Code Ann. § 18.2-128 , in violation of Plaintiffs’ First, Fourth, Fifth, Sixth, and Fourteenth Amendments.”
John D. Reyes & Phillip L. Benham v. Commonwealth (Va. Ct. App. 1999).
· cites it 4× “Phillip Lange Benham (Benham) and John Daniel Reyes (Reyes) were convicted in a bench trial of trespass upon school property, in violation of Code § 18.2-128. On appeal, appellants contend that the trial court erred in rejecting their defense of "good faith.”
Kandise Lucas v. Henrico Cnty. (4th Cir. 2019).
“2000) (“[A] district court may stay an action seeking damages but generally may not subject it to outright dismissal 4 We also note that, at the time they filed the complaint, Plaintiffs had appealed their convictions under Va. Code Ann. § 18.2-128 (2014), which is a misdemeanor…”
— Va. Code Ann. § 18.2-128(A) — 1 case
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