DEFENDING VIRGINIA TRESPASSING CASES
In Virginia, if any person without authority of law goes upon or remains upon the lands, buildings or premises of another, or any portion or area thereof, after having been forbidden to do so, then the person has committed an illegal act. This is a serious offense that carries life changing consequences. The Virginia law offices of SRIS, P.C. have a number of excellent Virginia trespass defense lawyers in its offices in Fairfax, Fredericksburg, Lynchburg, Manassas, Richmond, Virginia Beach, Virginia. For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
VIRGINIA BEACH :
To obtain a general overview of criminal trespassing defense, please click here
To learn more about the laws pertaining to criminal trespassing defense in Maryland or Massachusetts, please click on the state.
A trespass offense is generally charged as a class 1 misdemeanor.
The following are some of the different types of trespass charges one could face in the Commonwealth of Virginia:
Trespass after having been forbidden to do so; penalties
- Validity of signs forbidding trespass; penalty
- Entering property of another for purpose of damaging it, etc.
Violation of sepulture; defilement of a dead human body; penalties
Trespass upon church or school property
Peeping or spying into dwelling or enclosure
§ 18.2-119. Trespass after having been forbidden to do so; penalties (top)
If any person without authority of law goes upon or remains upon the lands, buildings or premises of another, or any portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian or other person lawfully in charge thereof, or after having been forbidden to do so by a sign or signs posted by such persons or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises or portion or area thereof at a place or places where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to §§ 16.1-253, 16.1- 253.1, 16.1-253.4, 16.1-278.2 through 16.1-278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.8, 19.2-152.9 or § 19.2-152.10 or an ex parte order issued pursuant to § 20-103, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor. This section shall not be construed to affect in any way the provisions of §§ 18.2-132 through 18.2-136.
§ 18.2-119.1. Validity of signs forbidding trespass; penalty (top)
If any person knowingly and intentionally posts No Trespassing signs on the land of another without the permission of a person authorized to post such signs on that land, he shall be guilty of a Class 3 misdemeanor.
§ 18.2-121. Entering property of another for purpose of damaging it, etc. (top)
It shall be unlawful for any person to enter the land, dwelling, outhouse or any other building of another for the purpose of damaging such property or any of the contents thereof or in any manner to interfere with the rights of the owner, user or the occupant thereof to use such property free from interference.
Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor. However, if a person intentionally selects the property entered because of the race, religious conviction, color or national origin of the owner, user or occupant of the property, the person shall be guilty of a Class 6 felony, and the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.
§ 18.2-126. Violation of sepulture; defilement of a dead human body; penalties (top)
A. If a person unlawfully disinters or displaces a dead human body, or any part of a dead human body which has been deposited in any vault, grave or other burial place, he is guilty of a Class 4 felony.
B. If a person willfully and intentionally physically defiles a dead human body he is guilty of a Class 6 felony. For the purposes of this section, the term “defile” shall not include any autopsy or the recovery of organs or tissues for transplantation, or any other lawful purpose.
§ 18.2-128. Trespass upon church or school property (top)
A. Any person who, without the consent of some person authorized to give such consent, goes or enters upon, in the nighttime, the premises or property of any church or upon any school property for any purpose other than to attend a meeting or service held or conducted in such church or school property, shall be guilty of a Class 3 misdemeanor.
B. It shall be unlawful for any person, whether or not a church member or student, to enter upon or remain upon any church or school property in violation of (i) any direction to vacate the property by a person authorized to give such direction or (ii) any posted notice which contains such information, posted at a place where it reasonably may be seen. Each time such person enters upon or remains on the posted premises or after such direction that person refuses to vacate such property, it shall constitute a separate offense.
A violation of this subsection shall be punishable as a Class 1 misdemeanor, except that any person, other than a parent, who violates this subsection on school property with the intent to abduct a student shall be guilty of a Class 6 felony.
C. For purposes of this section: (i) “school property” includes a school bus as defined in § 46.2-100 and (ii) “church” means any place of worship and includes any educational building or community center owned or leased by a church.
§ 18.2-130. Peeping or spying into dwelling or enclosure (top)
A. It shall be unlawful for any person to enter upon the property of another and secretly or furtively peep, spy or attempt to peep or spy into or through a window, door or other aperture of any building, structure, or other enclosure of any nature occupied or intended for occupancy as a dwelling, whether or not such building, structure or enclosure is permanently situated or transportable and whether or not such occupancy is permanent or temporary, or to do the same, without just cause, upon property owned by him and leased or rented to another under circumstances that would violate the occupant’s reasonable expectation of privacy.
B. It shall be unlawful for any person to use a peephole or other aperture to secretly or furtively peep, spy or attempt to peep or spy into a restroom, dressing room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom or other location or enclosure for the purpose of viewing any nonconsenting person who is totally nude, clad in undergarments, or in a state of undress exposing the genitals, pubic area, buttocks or female breast and the circumstances are such that the person would otherwise have a reasonable expectation of privacy.
C. The provisions of this section shall not apply to a lawful criminal investigation or a correctional official or local or regional jail official conducting surveillance for security purposes or during an investigation of alleged misconduct involving a person committed to the Department of Corrections or to a local or regional jail.
The Virginia trespass attorneys and Law Offices of SRIS, P.C., is located in Fairfax, Manassas, Richmond and Virginia Beach .
Our Virginia Trespass defense attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.