Virginia criminal charge

Identification of certain personalty in Virginia

Current through 2026 Virginia legislative session

Identification of certain personalty is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-96.1. 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. § 18.2-96.1.

What is the penalty for identification of certain personalty in Virginia?

Penalties for Identification of certain personalty
Penalty	Range	Basis	Authority
Jail / prison	up to 12 months (Removing/altering/possessing marked personalty (value under $1,000) — Violation of the section involving personal property valued at less than $1,000.)	discretionary	Va. Code Ann. § 18.2-11
Fine	up to $2,500 (Removing/altering/possessing marked personalty (value under $1,000) — Violation of the section involving personal property valued at less than $1,000.; either or both with confinement (§ 18.2-11(a)))	discretionary	Va. Code Ann. § 18.2-11
Jail / prison	1 years to 10 years (Removing/altering/possessing marked personalty (value $1,000 or more) — Violation of the section involving personal property valued at $1,000 or more.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e)))	discretionary	Va. Code Ann. § 18.2-10
Fine	up to $2,500 (Removing/altering/possessing marked personalty (value $1,000 or more) — Violation of the section involving personal property valued at $1,000 or more.; with the jail-confinement alternative under § 18.2-10(e))	discretionary	Va. Code Ann. § 18.2-10

Applies to current.

How is identification of certain personalty classified in Virginia?

The classification depends on the circumstances:

Classification variants for Identification of certain personalty
Variant	Classification	When it applies	Statute
Removing/altering/possessing marked personalty (value under $1,000)	Class 1 Misdemeanor	Violation of the section involving personal property valued at less than $1,000.	Va. Code Ann. § 18.2-96.1F
Removing/altering/possessing marked personalty (value $1,000 or more)	Class 5 Felony	Violation of the section involving personal property valued at $1,000 or more.	Va. Code Ann. § 18.2-96.1F

Common questions about identification of certain personalty in Virginia

Is identification of certain personalty a felony or a misdemeanor in Virginia?

It depends on the circumstances: identification of certain personalty ranges from a class 1 misdemeanor to a class 5 felony in Virginia under Va. Code Ann. § 18.2-96.1.

Removing/altering/possessing marked personalty (value under $1,000): class 1 misdemeanor (Va. Code Ann. § 18.2-96.1F) · Removing/altering/possessing marked personalty (value $1,000 or more): class 5 felony (Va. Code Ann. § 18.2-96.1F)

What are the penalties for identification of certain personalty in Virginia?

Penalties for identification of certain personalty in Virginia depend on how it is classified — from a class 1 misdemeanor up to a class 5 felony — with the ranges set by Va. Code Ann. § 18.2-11 and Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.

Which Virginia statute covers identification of certain personalty?

Identification of certain personalty is governed by Va. Code Ann. § 18.2-96.1 (Identification of certain personalty).

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.