Virginia criminal charge
Burning or destroying any other building or structure in Virginia
Burning or destroying any other building or structure is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-80. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-80.
What is the penalty for burning or destroying any other building or structure in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 20 years (Burning occupied building/structure — Applies when the burning or destruction occurs at a time when any person is in or on the building or structure.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Burning occupied building/structure — Applies when the burning or destruction occurs at a time when any person is in or on the building or structure.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 2 years to 10 years (Burning unoccupied structure valued at $1,000 or more — Applies when no person is present in the building or structure at the time and the structure with property therein is valued at $1,000 or more.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Burning unoccupied structure valued at $1,000 or more — Applies when no person is present in the building or structure at the time and the structure with property therein is valued at $1,000 or more.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | up to 12 months (Burning unoccupied structure valued under $1,000 — Applies when no person is present in the building or structure at the time and the structure with property therein is valued at less than $1,000.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Burning unoccupied structure valued under $1,000 — Applies when no person is present in the building or structure at the time and the structure with property therein is valued at less than $1,000.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
Applies to current.
How is burning or destroying any other building or structure classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Burning occupied building/structure | Class 3 Felony | Applies when the burning or destruction occurs at a time when any person is in or on the building or structure. | Va. Code Ann. § 18.2-80undefined |
| Burning unoccupied structure valued at $1,000 or more | Class 4 Felony | Applies when no person is present in the building or structure at the time and the structure with property therein is valued at $1,000 or more. | Va. Code Ann. § 18.2-80undefined |
| Burning unoccupied structure valued under $1,000 | Class 1 Misdemeanor | Applies when no person is present in the building or structure at the time and the structure with property therein is valued at less than $1,000. | Va. Code Ann. § 18.2-80undefined |
Common questions about burning or destroying any other building or structure in Virginia
Is burning or destroying any other building or structure a felony or a misdemeanor in Virginia?
It depends on the circumstances: burning or destroying any other building or structure ranges from a class 1 misdemeanor to a class 3 felony in Virginia under Va. Code Ann. § 18.2-80.
Burning occupied building/structure: class 3 felony (Va. Code Ann. § 18.2-80) · Burning unoccupied structure valued at $1,000 or more: class 4 felony (Va. Code Ann. § 18.2-80) · Burning unoccupied structure valued under $1,000: class 1 misdemeanor (Va. Code Ann. § 18.2-80)
What are the penalties for burning or destroying any other building or structure in Virginia?
Penalties for burning or destroying any other building or structure in Virginia depend on how it is classified — from a class 1 misdemeanor up to a class 3 felony — with the ranges set by Va. Code Ann. § 18.2-10 and Va. Code Ann. § 18.2-11; the full table of ranges by variant is published on this page.
Which Virginia statute covers burning or destroying any other building or structure?
Burning or destroying any other building or structure is governed by Va. Code Ann. § 18.2-80 (Burning or destroying any other building or structure).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.