If any person in the nighttime enters without breaking or in the daytime breaks and enters or enters and conceals himself in a dwelling house or an adjoining, occupied outhouse or in the nighttime enters without breaking or at any time breaks and enters or enters and conceals himself in any building permanently affixed to realty, or any ship, vessel or river craft or any railroad car, or any automobile, truck or trailer, if such automobile, truck or trailer is used as a dwelling or place of human habitation, with intent to commit murder, rape, robbery or arson in violation of §§ 18.2-77, 18.2-79 or § 18.2-80, he shall be deemed guilty of statutory burglary, which offense shall be a Class 3 felony. However, if such person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.
Code 1950, § 18.1-88; 1960, c. 358; 1970, c. 381; 1975, cc. 14, 15; 1985, c. 110; 1992, c. 546; 1997, c. 832; 2004, c. 842.
Notes of Decisions
Cited in
212
cases (
40 in the last 5 years), 1979–2026 · leading case:
Clark v. Commonwealth, 472 S.E.2d 663 (Va. Ct. App. 1996).
Clark v. Commonwealth, 472 S.E.2d 663 (Va. Ct. App. 1996).
· cites it 72× “He contends that he could not be convicted of a violation of Code § 18.2-90 because he lawfully entered the store when it was open to the public.”
United States v. Bryant, 237 F. Supp. 3d 379 (W.D. Va. 2017).
· cites it 44× “” Va. Code § 18.2-90 (1992) (amended 2004).”
Crews v. Commonwealth, 352 S.E.2d 1 (Va. Ct. App. 1987).
· cites it 18× “On this appeal we are asked to determine two issues: (1) whether the burglarized structure, a “converted school bus,” was a structure included within Code § 18.2-90, and (2) whether the evidence was sufficient to sustain *533 the convictions of statutory burglary and grand…”
Guill v. Commonwealth, 495 S.E.2d 489 (Va. 1998).
· cites it 12× “Dwayne Edward Guill was indicted for unlawfully and feloniously breaking and entering a dwelling house in the nighttime with the intent to commit murder, rape, or robbery in violation of Code § 18.”
Johns v. Commonwealth, 392 S.E.2d 487 (Va. Ct. App. 1990).
· cites it 28× “was convicted by jury of robbery, statutory burglary in violation of Code § 18.2-90 and use of a firearm in the commission of a felony in violation of Code § 18.”
United States v. Major, 198 F. Supp. 3d 558 (E.D. Va. 2016).
· cites it 26× “2-91 in effect during the relevant period provided that an individual commits statutory burglary if he commits “any of the acts mentioned in § 18.2-90 with intent to commit larceny, or any felony other than murder, rape or robbery,” and the version of Va.”
Turner v. Commonwealth, 531 S.E.2d 619 (Va. Ct. App. 2000).
· cites it 17× “with the intent to commit assault and battery,” violations of Code §§ 18.2-90 and -91, respectively. On appeal, defendant contends that he cannot be guilty of such offenses because the subject residence was jointly owned by defendant and his wife.”
Dalton v. Commonwealth, 418 S.E.2d 563 (Va. Ct. App. 1992).
· cites it 22× “On appeal, Dalton contends that his conviction for statutory burglary should be reversed because the structure he is charged with breaking and entering is not a “storehouse” under Code §§ 18.2-90 and 18.2-91. We disagree and affirm his conviction for statutory burglary.”
Finney v. Commonwealth, 671 S.E.2d 169 (Va. 2009).
· cites it 5× “The dispositive issue we consider is the sufficiency of the evidence to establish that Finney committed a "breaking," as required by the provisions of Code §§ 18.2-90 and 18.2-91. BACKGROUND The following pertinent facts are not disputed.”
United States v. Gambill, 214 F. Supp. 3d 544 (W.D. Va. 2016).
· cites it 14× “Va. Code Ann. § 18.2-90 (1992). Thereafter, in 2004, the statute was amended to remove “office, shop, manufactured home, storehouse, warehouse, banking house, .”
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