A. If any person maliciously (i) burns, or by use of any explosive device or substance destroys, in whole or in part, or causes to be burned or destroyed, or (ii) aids, counsels or procures the burning or destruction of any dwelling house or manufactured home whether belonging to himself or another, or any occupied hotel, hospital, mental health facility, or other house in which persons usually dwell or lodge, any occupied railroad car, boat, vessel, or river craft in which persons usually dwell or lodge, or any occupied jail or prison, or any occupied church or occupied building owned or leased by a church that is immediately adjacent to a church, he shall be guilty of a felony, punishable by imprisonment for life or for any period not less than five years and, subject to subdivision g of § 18.2-10, a fine of not more than $100,000. Any person who maliciously sets fire to anything, or aids, counsels or procures the setting fire to anything, by the burning whereof such occupied dwelling house, manufactured home, hotel, hospital, mental health facility or other house, or railroad car, boat, vessel, or river craft, jail or prison, church or building owned or leased by a church that is immediately adjacent to a church, is burned shall be guilty of a violation of this subsection.
B. Any such burning or destruction when the building or other place mentioned in subsection A is unoccupied, shall be punishable as a Class 4 felony.
C. For purposes of this section, "church" shall be defined as in § 18.2-127.
Code 1950, § 18.1-75; 1960, c. 358; 1975, cc. 14, 15; 1977, c. 63; 1978, c. 443; 1993, c. 406; 1997, c. 832.
Notes of Decisions
Cited in
69
cases (
20 in the last 5 years), 1983–2026 · leading case:
Marable v. Commonwealth, 500 S.E.2d 233 (Va. Ct. App. 1998).
Marable v. Commonwealth, 500 S.E.2d 233 (Va. Ct. App. 1998).
· cites it 22× “Occupancy The indictment charged that, “on or about the 17th day of August, 1996, in the County of Lunenburg, Virginia, [William Marable] did unlawfully, feloniously and maliciously burn the occupied dwelling house of Gloria Fowlkes [sic], against the peace and dignity of the…”
Schwartz v. Commonwealth, 581 S.E.2d 891 (Va. Ct. App. 2003).
· cites it 32× “" The Commonwealth subsequently obtained indictments against Schwartz for one count of arson of an occupied dwelling, in violation of Code § 18.2-77, and two counts of arson of personal property, in violation of Code § 18.”
Claude Davis v. Commonwealth of Virginia, 778 S.E.2d 557 (Va. Ct. App. 2015).
· cites it 6× “2-95, one count of attempted arson under Code §§ 18.2-77 and 18.2-26, and one count of violation of a protective order under Code § 16.”
McMillan v. Com., 671 S.E.2d 396 (Va. 2009).
· cites it 4× “During a bench trial in the Circuit Court of the City of Hampton, the defendant objected to the admission of an exhibit that purported to show that he had been convicted of attempted arson when he was 14 years old, in violation of Code §§ 18.2-77 and 18.2-26. The circuit court…”
Riner v. Com., 601 S.E.2d 555 (Va. 2004).
· cites it 2× “2-32; of arson, in violation of Code § 18.2-77; and of petit larceny in violation of Code § 18.”
Cook v. Commonwealth, 309 S.E.2d 325 (Va. 1983).
· cites it 4× “Cook was convicted of arson of an unoccupied dwelling in the nighttime (Code § 18.2-77) and of arson of personal property with intent to defraud an insurance company (Code § 18.”
Schwartz v. Commonwealth, 594 S.E.2d 925 (Va. 2004).
· cites it 6× “Following detention of the defendant on June 1, 2001, charges against him were transferred from the juvenile and domestic relations district court to the circuit court, where he was indicted for three felonies.”
Alston v. Commonwealth, 529 S.E.2d 851 (Va. Ct. App. 2000).
· cites it 12× “George Smith Alston (defendant) was convicted, in a bench trial, of arson in violation of Code § 18.2-77. On appeal, he challenges the sufficiency of the evidence to establish the offense charged in the indictment.”
Towler v. Commonwealth, 718 S.E.2d 463 (Va. Ct. App. 2011).
“2-90 with intent to commit larceny, or any felony other than murder, rape, robbery or arson in violation of §§ 18.2-77, 18.2-79 or § 18.2-80, or if any person commits any of the acts mentioned in § 18.”
Hickson v. Commonwealth, 520 S.E.2d 643 (Va. 1999).
· cites it 2× “1 The circuit court found the defendant guilty pursuant to Code § 18.2-77. In pertinent part, that section prohibits the malicious burning of any dwelling house or manufactured home.”
Kennemore v. Commonwealth, 653 S.E.2d 606 (Va. Ct. App. 2007).
· cites it 2× “2-32); and arson of an occupied dwelling (Code § 18.2-77). 2 . We previously rejected the portion of Kennemore’s petition for appeal challenging the trial court’s denial of his motion to strike the felony-murder charge predicated on arson.”
Hitt v. Commonwealth, 598 S.E.2d 783 (Va. Ct. App. 2004).
· cites it 4× “2d 851, 853-54 (2000) (considering a conviction under Code § 18.2-77); Johnson v. Commonwealth, 18 Va.”
— Va. Code Ann. § 18.2-77(A) — 13 cases
Marable v. Commonwealth, 500 S.E.2d 233 (Va. Ct. App. 1998).
“Occupancy The indictment charged that, “on or about the 17th day of August, 1996, in the County of Lunenburg, Virginia, [William Marable] did unlawfully, feloniously and maliciously burn the occupied dwelling house of Gloria Fowlkes [sic], against the peace and dignity of the…”
Schwartz v. Commonwealth, 581 S.E.2d 891 (Va. Ct. App. 2003).
“" The Commonwealth subsequently obtained indictments against Schwartz for one count of arson of an occupied dwelling, in violation of Code § 18.2-77, and two counts of arson of personal property, in violation of Code § 18.”
Schwartz v. Commonwealth, 594 S.E.2d 925 (Va. 2004).
“Following detention of the defendant on June 1, 2001, charges against him were transferred from the juvenile and domestic relations district court to the circuit court, where he was indicted for three felonies.”
Alston v. Commonwealth, 529 S.E.2d 851 (Va. Ct. App. 2000).
“George Smith Alston (defendant) was convicted, in a bench trial, of arson in violation of Code § 18.2-77. On appeal, he challenges the sufficiency of the evidence to establish the offense charged in the indictment.”
— Va. Code Ann. § 18.2-77(A)(ii) — 1 case
— Va. Code Ann. § 18.2-77(B) — 6 cases
Marable v. Commonwealth, 500 S.E.2d 233 (Va. Ct. App. 1998).
“Occupancy The indictment charged that, “on or about the 17th day of August, 1996, in the County of Lunenburg, Virginia, [William Marable] did unlawfully, feloniously and maliciously burn the occupied dwelling house of Gloria Fowlkes [sic], against the peace and dignity of the…”
Alston v. Commonwealth, 529 S.E.2d 851 (Va. Ct. App. 2000).
“George Smith Alston (defendant) was convicted, in a bench trial, of arson in violation of Code § 18.2-77. On appeal, he challenges the sufficiency of the evidence to establish the offense charged in the indictment.”
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