Virginia Code

Va. Code Ann. § 18.2-91 (2026)

Entering dwelling house, etc., with intent to commit larceny, assault and battery or other felony

✓ current as of May 2026

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If any person commits any of the acts mentioned in § 18.2-90 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 § 18.2-89 or § 18.2-90 with intent to commit assault and battery, he shall be guilty of statutory burglary, punishable by confinement in a state correctional facility for not less than one or more than twenty years or, in the discretion of the jury or the court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both. However, if the person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.

Code 1950, § 18.1-89; 1960, c. 358; 1962, c. 505; 1970, c. 381; 1975, cc. 14, 15, 602; 1991, c. 710; 1992, c. 486; 1996, c. 1040; 1997, c. 832.

Notes of Decisions

Cited in 321 cases (53 in the last 5 years), 1977–2026 · leading case: Towler v. Commonwealth, 718 S.E.2d 463 (Va. Ct. App. 2011).

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Towler v. Commonwealth, 718 S.E.2d 463 (Va. Ct. App. 2011). · cites it 11× “2-58, statutory burglary, 1 in violation of Code § 18.2-91, two counts of use of a firearm in the commission of robbery and burglary, in violation of Code § 18.”

Taylor v. Commonwealth, 400 S.E.2d 794 (Va. Ct. App. 1991). · cites it 33× “He was convicted of statutory burglary in violation of Code § 18.2-91. At trial he requested and was denied a jury instruction which would have permitted the jury to find him guilty of common law trespass [2] instead of statutory burglary.”

Vasquez v. Commonwealth, 781 S.E.2d 920 (Va. 2016). · cites it 4× “SUFFICIENCY OF THE EVIDENCE-POSSESSION OF A DEADLY WEAPON The trial court convicted Vasquez and Valentin of breaking and entering with intent to commit larceny while "armed with a deadly weapon at the time of entry," in violation of Code § 18.2-91. 11 On appeal, neither…”

Commonwealth v. Moseley, 799 S.E.2d 683 (Va. 2017). · cites it 4× “Facts and Proceedings Joshua Charles Moseley (“Moseley”) was tried by the Circuit Court of the City of Hampton (“circuit court”) upon an indictment charging two counts of breaking and entering, in violation of Code § 18.2-91, and two counts of grand larceny, in violation of Code…”

Sandoval v. Commonwealth, 455 S.E.2d 730 (Va. Ct. App. 1995). · cites it 8× “Paulino DeJesus Sandoval (appellant) appeals from his bench trial convictions by the Circuit Court of Gloucester County (trial court) for breaking and entering with the intent to commit larceny, Code § 18.2-91, and of credit card theft, Code § 18.”

Breeden v. Commonwealth, 596 S.E.2d 563 (Va. Ct. App. 2004). · cites it 10× “1; statutory burglary, in violation of Code § 18.2-91; and possession of marijuana, in violation of Code § 18.”

Clark v. Commonwealth, 472 S.E.2d 663 (Va. Ct. App. 1996). · cites it 28× “2d 414 (1986), we considered whether a burglary conviction under Code § 18.2-91 could be upheld where the defendant entered the store during normal business hours, concealed himself within the store and committed-larceny *665 once the store closed.”

Lowe v. Commonwealth, 535 S.E.2d 689 (Va. Ct. App. 2000). · cites it 28× “2-119 is not a lesser included offense of statutory burglary under Code § 18.2-91. I. BACKGROUND Appellant originally was charged with malicious wounding in violation of Code § 18.”

Finney v. Commonwealth, 671 S.E.2d 169 (Va. 2009). · cites it 6× “Theron Anthony Finney was convicted of breaking and entering the storage shed permanently attached to the real property of Dennis Garber with intent to commit larceny, in violation of Code § 18.2-91, after a bench trial in the Circuit Court of the City of Richmond.”

Vincent v. Com., 668 S.E.2d 137 (Va. 2008). · cites it 6× “Howard Lewis Vincent was convicted in a bench trial in the Circuit Court of the City of Alexandria of breaking and entering with the intent to commit larceny in violation of Code § 18.2-91. The sole issue presented on appeal is whether the evidence was sufficient to prove beyond…”

Jones v. Commonwealth, 349 S.E.2d 414 (Va. Ct. App. 1986). · cites it 10× “Appellant asserts two issues on this appeal: (1) whether the evidence showed an unlawful entry as required by Code § 18.2-91; and (2) whether the grand larceny conviction is supported by the evidence in that the Commonwealth failed to prove that any property was removed from…”

Robertson v. Commonwealth, 525 S.E.2d 640 (Va. Ct. App. 2000). · cites it 8× “Gary Eugene Robertson was convicted in a bench trial of statutory burglary in violation of Code § 18.2-91, malicious wounding in violation of Code § 18.”

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