Virginia Code

Va. Code Ann. § 18.2-96 (2026)

Petit larceny defined; how punished

✓ current as of May 2026
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Any person who:

1. Commits larceny from the person of another of money or other thing of value of less than $5, or

2. Commits simple larceny not from the person of another of goods and chattels of the value of less than $1,000, except as provided in clause (iii) of § 18.2-95, shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor.

Code 1950, § 18.1-101; 1960, c. 358; 1966, c. 247; 1975, cc. 14, 15; 1980, c. 175; 1992, c. 822; 2018, cc. 764, 765; 2020, cc. 89, 401.

Notes of Decisions
Cited in 157 cases (25 in the last 5 years), 1978–2026 · leading case: Foster v. Commonwealth, 606 S.E.2d 518 (Va. Ct. App. 2004).
Foster v. Commonwealth, 606 S.E.2d 518 (Va. Ct. App. 2004). · cites it 28× “2-181 declares that any person who utters a bad check "shall be guilty of larceny.”
James Lee Frango v. Commonwealth of Virginia, 782 S.E.2d 175 (Va. Ct. App. 2016). · cites it 12× “2-96] is charged, a larceny indictment charges the common law offense.” Id. Appellant, however, was not charged with and convicted of common law larceny; rather, he was charged with and convicted of a violation of Code § 55-334.”
Darnell v. Commonwealth, 408 S.E.2d 540 (Va. Ct. App. 1991). · cites it 12× “items" belonging to Douglas Long in violation of Code § 18.2-96. [1] The defendant was subsequently tried and convicted in circuit court on two counts of taking, obtaining, or withholding a credit card in violation of Code § 18.”
Riner v. Com., 601 S.E.2d 555 (Va. 2004). · cites it 2× “2-77; and of petit larceny in violation of Code § 18.2-96. The Court of Appeals of Virginia affirmed the convictions and the judgment of the Circuit Court of Wise County ("the trial court").”
Wright v. Commonwealth, 789 S.E.2d 611 (Va. 2016). · cites it 4× “At that point, Robert’s 15 year-old stepson got out of the van, took ∗ Wright was also convicted of petit larceny in violation of Code § 18.2-96 and contributing to the delinquency of a minor in violation of Code § 18.”
Graves v. Commonwealth, 462 S.E.2d 902 (Va. Ct. App. 1995). · cites it 8× “Code § 18.2-96. Larceny committed from the person of another of money or other thing of a value of five dollars or more is punishable as grand larceny from the person, a felony.”
Harris v. Commonwealth, 477 S.E.2d 3 (Va. Ct. App. 1996). · cites it 12× “2-95, and petit larceny under Code § 18.2-96. Id. In Snead , we reversed a defendant's conviction under Code § 18.”
Com. v. McNeal, 710 S.E.2d 733 (Va. 2011). · cites it 2× “Code § 18.2-96(2). [2] The specific question whether the evidence was sufficient to establish criminal intent is not before us.”
Garland v. Commonwealth, 446 S.E.2d 628 (Va. Ct. App. 1994). · cites it 8× “Code § 18.2-96 provides, in pertinent part: Any person who: 2.”
Yvonie Décor Charles v. Commonwealth of Virginia, 756 S.E.2d 917 (Va. Ct. App. 2014). · cites it 8× “Yvonie Décor Charles (“Charles”) was convicted at a bench trial in the Circuit Court of the City of Chesapeake (“trial court”) of two counts of petit larceny third offense, in violation of Code §§ 18.2-96 and 18.2-104. On appeal, Charles argues that the trial court erred in…”
McCullough v. Commonwealth, 568 S.E.2d 449 (Va. Ct. App. 2002). · cites it 4× “She was accordingly convicted only of two counts of petit larceny, in *814 violation of Code § 18.2-96, which defines “petit larceny” as the “commi[ssion] of simple larceny not from the person of another of goods and chattels of the value of less than $200.”
Foster v. Commonwealth, 623 S.E.2d 902 (Va. 2006). · cites it 10× “" Code § 18.2-96, not a part of the Bad Check Law, provides, as pertinent: "Any person who: 1.”
— Va. Code Ann. § 18.2-96(1) — 3 cases
Graves v. Commonwealth, 462 S.E.2d 902 (Va. Ct. App. 1995). “Code § 18.2-96. Larceny committed from the person of another of money or other thing of a value of five dollars or more is punishable as grand larceny from the person, a felony.”
Hudgins v. Commonwealth, 597 S.E.2d 221 (Va. Ct. App. 2004).
Foster v. Commonwealth, 623 S.E.2d 902 (Va. 2006). “" Code § 18.2-96, not a part of the Bad Check Law, provides, as pertinent: "Any person who: 1.”
— Va. Code Ann. § 18.2-96(2) — 7 cases
Com. v. McNeal, 710 S.E.2d 733 (Va. 2011). “Code § 18.2-96(2). [2] The specific question whether the evidence was sufficient to establish criminal intent is not before us.”
Marks v. Crawford, 882 F. Supp. 530 (E.D. Va. 1993).
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