Virginia criminal charge
Damage or trespass to public services or utilities or critical infrastructure in Virginia
Damage or trespass to public services or utilities or critical infrastructure is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-162. 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. § 18.2-162.
What is the penalty for damage or trespass to public services or utilities or critical infrastructure in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2 years to 10 years (Damage to public services/utilities facility — Intentional destruction or damage of a facility, fixture, equipment, or IT system providing public utility service or critical infrastructure, where the damage can be repaired for $1,000 or more.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Damage to public services/utilities facility — Intentional destruction or damage of a facility, fixture, equipment, or IT system providing public utility service or critical infrastructure, where the damage can be repaired for $1,000 or more.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $500 (Minor damage to public services/utilities facility — Intentional destruction or damage of the facility, fixture, equipment, or IT system where the damage can be remedied or repaired for less than $1,000.; fine only — no jail (§ 18.2-11(c))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 2 years to 10 years (Damage threatening release of radioactive materials — Intentional destruction or damage that might threaten release of radioactive materials or ionizing radiation, without resulting death or injury.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Damage threatening release of radioactive materials — Intentional destruction or damage that might threaten release of radioactive materials or ionizing radiation, without resulting death or injury.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | at least 20 years (Radioactive release damage resulting in death — Destruction or damage threatening release of radioactive materials or ionizing radiation that results in the death of another.; imprisonment for life or for any term not less than 20 years) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Radioactive release damage resulting in death — Destruction or damage threatening release of radioactive materials or ionizing radiation that results in the death of another.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 5 years to 20 years (Radioactive release damage resulting in injury — Destruction or damage threatening release of radioactive materials or ionizing radiation that results in injury to another.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Radioactive release damage resulting in injury — Destruction or damage threatening release of radioactive materials or ionizing radiation that results in injury to another.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is damage or trespass to public services or utilities or critical infrastructure classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Damage to public services/utilities facility | Class 4 Felony | Intentional destruction or damage of a facility, fixture, equipment, or IT system providing public utility service or critical infrastructure, where the damage can be repaired for $1,000 or more. | Va. Code Ann. § 18.2-162undefined |
| Minor damage to public services/utilities facility | Class 3 Misdemeanor | Intentional destruction or damage of the facility, fixture, equipment, or IT system where the damage can be remedied or repaired for less than $1,000. | Va. Code Ann. § 18.2-162undefined |
| Damage threatening release of radioactive materials | Class 4 Felony | Intentional destruction or damage that might threaten release of radioactive materials or ionizing radiation, without resulting death or injury. | Va. Code Ann. § 18.2-162undefined |
| Radioactive release damage resulting in death | Class 2 Felony | Destruction or damage threatening release of radioactive materials or ionizing radiation that results in the death of another. | Va. Code Ann. § 18.2-162undefined |
| Radioactive release damage resulting in injury | Class 3 Felony | Destruction or damage threatening release of radioactive materials or ionizing radiation that results in injury to another. | Va. Code Ann. § 18.2-162undefined |
Common questions about damage or trespass to public services or utilities or critical infrastructure in Virginia
Is damage or trespass to public services or utilities or critical infrastructure a felony or a misdemeanor in Virginia?
It depends on the circumstances: damage or trespass to public services or utilities or critical infrastructure ranges from a class 3 misdemeanor to a class 2 felony in Virginia under Va. Code Ann. § 18.2-162.
Damage to public services/utilities facility: class 4 felony (Va. Code Ann. § 18.2-162) · Minor damage to public services/utilities facility: class 3 misdemeanor (Va. Code Ann. § 18.2-162) · Damage threatening release of radioactive materials: class 4 felony (Va. Code Ann. § 18.2-162) · Radioactive release damage resulting in death: class 2 felony (Va. Code Ann. § 18.2-162) · Radioactive release damage resulting in injury: class 3 felony (Va. Code Ann. § 18.2-162)
What are the penalties for damage or trespass to public services or utilities or critical infrastructure in Virginia?
Penalties for damage or trespass to public services or utilities or critical infrastructure in Virginia depend on how it is classified — from a class 3 misdemeanor up to a class 2 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 damage or trespass to public services or utilities or critical infrastructure?
Damage or trespass to public services or utilities or critical infrastructure is governed by Va. Code Ann. § 18.2-162 (Damage or trespass to public services or utilities or critical infrastructure; penalties).
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.