Virginia Code

Va. Code Ann. § 18.2-92 (2026)

Breaking and entering dwelling house with intent to commit other misdemeanor

✓ current as of May 2026

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If any person break and enter a dwelling house while said dwelling is occupied, either in the day or nighttime, with the intent to commit any misdemeanor except assault and battery or trespass, he shall be guilty of a Class 6 felony. 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, § 18.1-88.1; 1968, c. 530; 1970, c. 381; 1975, cc. 14, 15; 1992, c. 486.

Notes of Decisions

Cited in 22 cases, 1981–2020 · leading case: Johnson v. Commonwealth, 444 S.E.2d 559 (Va. Ct. App. 1994).

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Johnson v. Commonwealth, 444 S.E.2d 559 (Va. Ct. App. 1994). · cites it 84× “Lacy Hughes Johnson (Johnson) appeals his conviction in a bench trial on a charge of breaking and entering with the intent to commit a misdemeanor, Code § 18.2-92. Johnson asserts that Code § 18.”

Marable v. Commonwealth, 500 S.E.2d 233 (Va. Ct. App. 1998). · cites it 2× “2-77 where the occupant or occupants are merely temporarily absent but continue to reside there.”

Johnson v. Commonwealth, 275 S.E.2d 592 (Va. 1981). · cites it 4× “2-47, which stated, in pertinent part: Abduction and kidnapping defined; punishment.”

Knox v. Commonwealth, 304 S.E.2d 4 (Va. 1983). · cites it 5× “A jury convicted Knox of burglary in violation of Code § 18.2-92, * and the trial court imposed the two-year penitentiary sentence fixed in the verdict.”

Clark v. Commonwealth, 472 S.E.2d 663 (Va. Ct. App. 1996). · cites it 4× “Code § 18.2-92. 3. Office, shop, manufactured home, storehouse, warehouse, banking house, or other house, or vehicle of habitation: (A) Enter without breaking in nighttime (i) with intent to commit murder, rape, or robbery.”

Lay v. Commonwealth, 649 S.E.2d 714 (Va. Ct. App. 2007). · cites it 2× “They further asked: “Must there be physical or can it be intimidation or other emotional means?” With the agreement of the Commonwealth and Lay, the trial court did not directly answer the question but instead directed the jurors to rely on the instructions they had been given.”

Turner v. Commonwealth, 568 S.E.2d 468 (Va. Ct. App. 2002). · cites it 2× “Code § 18.2-92. Thus, a person could be convicted of “Housebreaking” under the UCMJ without evidence of elements indispensable to violations of Code §§ 18.”

Thomas v. Commonwealth, 561 S.E.2d 56 (Va. Ct. App. 2002). · cites it 2× “” By agreement, the Commonwealth proceeded by a “synopsis” of the evidence, which included, without objection, introduction of an order memorializing a prior conviction of defendant for burglary, a violation of Code § 18.2-92. At the conclusion of the summary, the court inquired…”

Rashad v. Commonwealth, 651 S.E.2d 407 (Va. Ct. App. 2007). · cites it 2× “Code § 18.2-92 further expands traditional common law burglary and provides that: “If any person break and enter a dwelling house while said dwelling is occupied, either in the day or nighttime, with the intent to commit any misdemeanor except assault and battery or trespass, he…”

Larry Wayne Inge v. Commonwealth, 570 S.E.2d 869 (Va. Ct. App. 2002). · cites it 6× “The trial court convicted Larry Wayne Inge of statutory burglary while armed with a deadly weapon, Code § 18.2-92, 1 and brandishing a firearm, Code § 18.”

Hitt v. Commonwealth, 598 S.E.2d 783 (Va. Ct. App. 2004). · cites it 2× “2d 559, 562 (1994) (considering a conviction under Code § 18.2-92); see also Hart v. Commonwealth, 18 Va.”

United States v. Bryant, 237 F. Supp. 3d 379 (W.D. Va. 2017). “A fourth Virginia burglary statute, § 18.2-92, not applicable here, also shares these elements and makes it unlawful to bréale and enter into an occupied dwelling with the intent to commit other misdemeanors.”

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