Virginia statute

Va. Code Ann. § 18.2-162 — Damage or trespass to public services or utilities or critical infrastructure; penalties

Current through 2026 Regular Session

Part of Article 8: Offenses Relating to Railroads and Other Utilities, Code of Virginia.

Criminal charges under this statute

Damage or trespass to public services or utilities or critical infrastructure

Full text of Va. Code Ann. § 18.2-162

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-162Primary source, current through the 2026 Regular Session

Any person who intentionally destroys or damages any facility, fixture, equipment, or information technology system that is used to provide, process, transmit, furnish, or maintain oil, telephone, electric, gas, sewer, wastewater, cable television, broadband, or water service to the public or other critical infrastructure, as defined in § 44-146.28:2 , is guilty of a Class 4 felony, provided that in the event that the destruction or damage may be remedied or repaired for less than $1,000 such act shall constitute a Class 3 misdemeanor. On electric generating property marked with no trespassing signs, the security personnel of a utility may detain a trespasser for a period not to exceed one hour pending arrival of a law-enforcement officer. Notwithstanding any other provisions of this title, any person who intentionally destroys or damages, or attempts to destroy or damage, any such facility, fixture, equipment, information technology system, or material connected therewith, the destruction or damage of which might, in any manner, threaten the release of radioactive materials or ionizing radiation beyond the areas in which they are normally used or contained, is guilty of a Class 4 felony, provided that in the event the destruction or damage results in the death of another due to exposure to radioactive materials or ionizing radiation, such person is guilty of a Class 2 felony; provided further, that in the event the destruction or damage results in injury to another, such person is guilty of a Class 3 felony.

Official sources

Official section text (law.lis.virginia.gov)

Legal terms used in this section

Questions this section answers

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)

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).

This reference is informational and is not legal advice.