Virginia criminal charge
Misuse of public assets in Virginia
Misuse of public assets is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-112.1. 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. § 18.2-112.1.
What is the penalty for misuse of public assets in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2 years to 10 years (Misuse of public assets by full-time officer/agent/employee — A full-time officer, agent, or employee of the Commonwealth or a locality, without lawful authorization, uses or permits use of public assets for private purposes unrelated to legitimate government interest, with value exceeding $1,000 in any 12-month period.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Misuse of public assets by full-time officer/agent/employee — A full-time officer, agent, or employee of the Commonwealth or a locality, without lawful authorization, uses or permits use of public assets for private purposes unrelated to legitimate government interest, with value exceeding $1,000 in any 12-month period.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | up to 12 months (Misuse of public assets by non-full-time officer/agent/employee/elected official under local ordinance — Where a county, city, or town has adopted a local ordinance, a non-full-time officer, agent, employee, or elected official, without lawful authorization, uses or permits use of public assets for private purposes unrelated to legitimate government interest, with value exceeding $1,000 in any 12-month period.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Misuse of public assets by non-full-time officer/agent/employee/elected official under local ordinance — Where a county, city, or town has adopted a local ordinance, a non-full-time officer, agent, employee, or elected official, without lawful authorization, uses or permits use of public assets for private purposes unrelated to legitimate government interest, with value exceeding $1,000 in any 12-month period.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
Applies to current.
How is misuse of public assets classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Misuse of public assets by full-time officer/agent/employee | Class 4 Felony | A full-time officer, agent, or employee of the Commonwealth or a locality, without lawful authorization, uses or permits use of public assets for private purposes unrelated to legitimate government interest, with value exceeding $1,000 in any 12-month period. | Va. Code Ann. § 18.2-112.1B |
| Misuse of public assets by non-full-time officer/agent/employee/elected official under local ordinance | Class 1 Misdemeanor | Where a county, city, or town has adopted a local ordinance, a non-full-time officer, agent, employee, or elected official, without lawful authorization, uses or permits use of public assets for private purposes unrelated to legitimate government interest, with value exceeding $1,000 in any 12-month period. | Va. Code Ann. § 18.2-112.1C |
Common questions about misuse of public assets in Virginia
Is misuse of public assets a felony or a misdemeanor in Virginia?
It depends on the circumstances: misuse of public assets ranges from a class 1 misdemeanor to a class 4 felony in Virginia under Va. Code Ann. § 18.2-112.1.
Misuse of public assets by full-time officer/agent/employee: class 4 felony (Va. Code Ann. § 18.2-112.1B) · Misuse of public assets by non-full-time officer/agent/employee/elected official under local ordinance: class 1 misdemeanor (Va. Code Ann. § 18.2-112.1C)
What are the penalties for misuse of public assets in Virginia?
Which Virginia statute covers misuse of public assets?
Misuse of public assets is governed by Va. Code Ann. § 18.2-112.1 (Misuse of public assets; penalty).
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.