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Virginia statute

Va. Code Ann. § 18.2-479 — Escape without force or violence or setting fire to jail; penalties

Current through 2026 Regular Session

Part of Article 7: Escape of, Communications with and Deliveries to Prisoners, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-479

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. § 18.2-479Primary source, current through the 2026 Regular Session
A. Except as provided in subsection B, any person lawfully confined in jail or lawfully in the custody of any court, officer of the court, or law-enforcement officer, as defined in § 18.2-57 , for violation of his probation or parole or on a charge or conviction of a misdemeanor who escapes, other than by force or violence or by setting fire to the jail, is guilty of a Class 1 misdemeanor. B. Any person lawfully confined in jail or lawfully in the custody of any court, officer of the court, or law-enforcement officer, as defined in § 18.2-57 , on a charge or conviction of a felony who escapes, other than by force or violence or by setting fire to the jail, is guilty of a Class 6 felony.

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Questions this section answers

Is escape without force or violence or setting fire to jail a felony or a misdemeanor in Virginia?

It depends on the circumstances: escape without force or violence or setting fire to jail ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-479.

Escape from custody on misdemeanor charge or violation of probation/parole: class 1 misdemeanor (Va. Code Ann. § 18.2-479A) · Escape from custody on felony charge or conviction: class 6 felony (Va. Code Ann. § 18.2-479B)

Which Virginia statute covers escape without force or violence or setting fire to jail?

Escape without force or violence or setting fire to jail is governed by Va. Code Ann. § 18.2-479 (Escape without force or violence or setting fire to jail; penalties).

This reference is informational and is not legal advice.