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Virginia statute

Va. Code Ann. § 18.2-90 — Entering dwelling house, etc., with intent to commit murder, rape, robbery or arson; penalty

Current through 2026 Regular Session

Part of Article 2: Burglary and Related Offenses, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-90

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. § 18.2-90Primary source, current through the 2026 Regular Session
If any person in the nighttime enters without breaking or in the daytime breaks and enters or enters and conceals himself in a dwelling house or an adjoining, occupied outhouse or in the nighttime enters without breaking or at any time breaks and enters or enters and conceals himself in any building permanently affixed to realty, or any ship, vessel or river craft or any railroad car, or any automobile, truck or trailer, if such automobile, truck or trailer is used as a dwelling or place of human habitation, with intent to commit murder, rape, robbery or arson in violation of §§ 18.2-77 , 18.2-79 or § 18.2-80 , he shall be deemed guilty of statutory burglary, which offense shall be a Class 3 felony. However, if such person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.

Official sources

Legal terms used in this section

Questions this section answers

Is entering dwelling house, etc., with intent to commit murder, rape, robbery or arson a felony or a misdemeanor in Virginia?

It depends on the circumstances: entering dwelling house, etc., with intent to commit murder, rape, robbery or arson ranges from a class 3 felony to a class 2 felony in Virginia under Va. Code Ann. § 18.2-90.

Statutory burglary with intent to commit murder, rape, robbery or arson (unarmed): class 3 felony (Va. Code Ann. § 18.2-90) · Statutory burglary with intent to commit murder, rape, robbery or arson (armed): class 2 felony (Va. Code Ann. § 18.2-90)

Which Virginia statute covers entering dwelling house, etc., with intent to commit murder, rape, robbery or arson?

Entering dwelling house, etc., with intent to commit murder, rape, robbery or arson is governed by Va. Code Ann. § 18.2-90 (Entering dwelling house, etc., with intent to commit murder, rape, robbery or arson; penalty).

This reference is informational and is not legal advice.