A. Any person (i) who makes and communicates to another by any means any threat to bomb, burn, destroy, discharge a firearm within or at, or in any manner damage any place of assembly, building or other structure, or means of transportation or (ii) who communicates to another, by any means, information, knowing the same to be false, as to the existence of any peril of bombing, burning, destruction, discharging of a firearm within or at, or damage to any such place of assembly, building or other structure, or means of transportation is guilty of a Class 5 felony, provided, however, that if such person is under 18 years of age, he is guilty of a Class 1 misdemeanor.
B. A violation of this section may be prosecuted either in the jurisdiction from which the communication was made or in the jurisdiction where the communication was received.
Code 1950, §§ 18.1-78.1 through 18.2-78.4; 1960, c. 358; 1975, cc. 14, 15; 1982, c. 502; 2020, c. 1002; 2022, c. 336; 2025, c. 368.
Notes of Decisions
Cited in
33
cases (
12 in the last 5 years), 1989–2025 · leading case:
Summerlin v. Commonwealth, 557 S.E.2d 731 (Va. Ct. App. 2002).
Summerlin v. Commonwealth, 557 S.E.2d 731 (Va. Ct. App. 2002).
· cites it 24× “Summerlin was convicted in a bench trial of threatening to bomb a building, in violation of Code § 18.2-83. On appeal, he contends the trial court erred (1) in admitting evidence regarding a voice-mail message left by him three days before the purported threat was made and (2)…”
Perkins v. Commonwealth, 402 S.E.2d 229 (Va. Ct. App. 1991).
· cites it 8× “In a jury trial on March 20, 1989, the defendant, Clinton Reginald Perkins, was convicted of threatening to burn the dwelling house of Bruce Overton in violation of Code § 18.2-83. On May 18, 1989, the defendant was convicted by the court on two misdemeanor charges of using…”
Parnell v. Commonwealth, 423 S.E.2d 834 (Va. Ct. App. 1992).
· cites it 8× “, was convicted by a jury of threatening to damage a dwelling in violation of Code § 18.2-83 and maliciously shooting at an occupied building in violation of Code § 18.”
Schwartz v. Commonwealth, 581 S.E.2d 891 (Va. Ct. App. 2003).
· cites it 4× “2-82 (addressing the burning of a structure while within the structure); Code §§ 18.2-83 and 18.2-84 (addressing threats to bomb, burn or otherwise damage a structure); Code § 18.”
Saunders v. Commonwealth, 523 S.E.2d 509 (Va. Ct. App. 2000).
· cites it 9× “Therefore, § 18.2-83 can be read as requiring mens rea.”
Harbeck v. Smith, 814 F. Supp. 2d 608 (E.D. Va. 2011).
· cites it 2× “On or about October 22, 2009, Plaintiff was arrested for “threatening to burn her mother’s house” in violation of section 18.2-83 of the Code of Virginia. Second Am.”
Maurice Daniel Dance v. Commonwealth of Virginia, 528 S.E.2d 723 (Va. Ct. App. 2000).
· cites it 4× “Maurice Daniel Dance was convicted in a bench trial of threatening to bomb a building in violation of Code § 18.2-83. Dance argues that the trial court erred by denying his motion to suppress evidence of the out-of-court identification of his tape-recorded voice and by denying…”
Lambert v. Commonwealth, 383 S.E.2d 752 (Va. Ct. App. 1989).
· cites it 4× “Code § 18.2-83, under which the accused was indicted, provides in relevant part: Any person (a) who makes and communicates to another by any means any threat to bomb, burn, destroy or in any manner damage any place of assembly, building or other structure .”
Michael Jason Drexel v. Commonwealth of Virginia (Va. Ct. App. 2024).
· cites it 48× “Michael Jason Drexel appeals his conviction for threatening to damage a building in violation of Code § 18.2-83. He presents six assignments of error challenging the admission of evidence, jury instructions, the sufficiency of the evidence, and his sentence.”
Jeffery Dale Howard v. Commonwealth of Virginia (Va. Ct. App. 2022).
· cites it 32× “atening to burn or bomb charge; (II) the circuit court erred in admitting evidence of the assault and battery following Howard’s no contest plea; (III) the circuit court erred in finding Howard guilty of threatening to burn or bomb because no reasonable juror could have found…”
Va. Code Ann. § 18.2-83(A): 8 cases
Perkins v. Commonwealth, 402 S.E.2d 229 (Va. Ct. App. 1991).
“In a jury trial on March 20, 1989, the defendant, Clinton Reginald Perkins, was convicted of threatening to burn the dwelling house of Bruce Overton in violation of Code § 18.2-83. On May 18, 1989, the defendant was convicted by the court on two misdemeanor charges of using…”
Jeffery Dale Howard v. Commonwealth of Virginia (Va. Ct. App. 2022).
“atening to burn or bomb charge; (II) the circuit court erred in admitting evidence of the assault and battery following Howard’s no contest plea; (III) the circuit court erred in finding Howard guilty of threatening to burn or bomb because no reasonable juror could have found…”
Va. Code Ann. § 18.2-83(B): 3 cases
Michael Jason Drexel v. Commonwealth of Virginia (Va. Ct. App. 2024).
“Michael Jason Drexel appeals his conviction for threatening to damage a building in violation of Code § 18.2-83. He presents six assignments of error challenging the admission of evidence, jury instructions, the sufficiency of the evidence, and his sentence.”
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