Trespass Crimes

Question 1

Is merely entering someone’s land without permission a crime in Virginia?

Answer 1

No. Merely entering the lands of another without permission is generally

Question 2

What elevates civil trespass to potential criminal Common Law Trespass in VA?

Answer 2

When the trespass amounts to a breach of the peace, meaning there is a decent chance of violence occurring. (Codified as a Class 1 Misdemeanor under § 18.2-200 if charged).

Question 3

Can a Law Enforcement Officer (LEO) commit trespass while performing their job?

Answer 3

Generally, no. An LEO acting within the scope of their lawful duties (e.g., executing a warrant, in hot pursuit) has “authority of law” and is not trespassing.

Question 4

What is the Virginia Code section and classification for trespassing after being told not to enter or remain?

Answer 4

Trespass After Having Been Forbidden to Do So
§ 18.2-119.
Class 1 Misdemeanor.

Question 5

Trespass After Having Been Forbidden: What must be proven for a conviction under § 18.2-119

Answer 5

1. Accused went upon or remained upon the land, building, or premises of another.
2. Without authority of law.
3. After having been forbidden to do so (either orally or in writing by an authorized person, OR by posted signs).

(Note: Courts effectively require a “willful” or intentional act, though specific intent isn’t technically an element).

Question 6

How can someone be “forbidden to do so” under § 18.2-119? Who can forbid them?

Answer 6

• Orally or in writing.
• By appropriately posted signs.
• By an owner, lessee, custodian, or person lawfully in charge of the property.
• A landlord can bar a tenant’s guest (guest needs notice).
• LEO can be designated in writing with the locality to act as persons “lawfully in charge” for barring purposes (common for apartments).

Question 7

What is a potential defense to trespass under § 18.2-119 related to the defendant’s belief about the property?

Answer 7

A bona fide claim of right. This means the defendant genuinely believed they had a legal right to be on the property. This can negate the “willful” element required by courts.

We do not consider defense, can still issue

Question 8

Can someone be charged with trespassing on property they own?

Answer 8

Yes. If a Protective Order (PO) prohibits them from being at the property, violating that order constitutes trespass under § 18.2-119 (“without authority of law”), regardless of ownership status.

Question 9

Can someone trespass on public property like colleges or roads?

Answer 9

• Public Buildings (e.g., College): Yes, if present for a purpose unrelated to its function, or if they disrupt its function after lawful entry. (Note free speech zones).
• Public Thoroughfares (Roads, Sidewalks): Generally NO, unless conduct obstructs passage (e.g., blocking traffic). An alleyway might not qualify as a public thoroughfare.

Question 10

In a residential setting, what is the key first step to determine if someone is trespassing after being told to leave?

Answer 10

Determine if a landlord-tenant relationship exists (requires an agreement, written or oral, and consideration/rent). If yes, different rules (VRLTA) likely apply. Simply living there, getting mail, or contributing to expenses usually isn’t enough without a rental agreement.

Question 11

What is the “marital abode” exception in residential trespass?

Answer 11

Spouses generally have a right to be in the marital home, regardless of whose name is on the title/lease. This right may weaken or cease if they decide to live separate and apart (especially for a significant time) or if a Protective Order prohibits contact/presence.

Question 12

If a VRLTA tenancy exists, can a landlord have a tenant charged with trespass for being behind on rent or violating lease terms?

Answer 12

Generally NO. Under VRLTA, a tenant usually retains the right to be on the property until formally evicted by a court order. Trespass charges are typically inappropriate without such an order.

(Exception: 5-day written notice for non-payment is required before authority might cease for that specific issue).

Question 13

Name some situations where VRLTA might not apply, potentially allowing trespass charges against an occupant.

Answer 13

• Colleges/Universities (student housing)
• Hotels/Motels (unless primary residence > 90 days)
• Campgrounds
• Occupancy in certain medical, geriatric, educational, counseling, or religious institutions.

(Always check specific agreements/contracts).

Question 14

Does someone told to leave property have an automatic right to return later just to get their belongings?

Answer 14

No. They need express permission from someone with authority (owner, tenant, etc.) to re-enter the property, even just to retrieve personal items. Re-entry without permission is trespass.

Question 15

What is the Virginia Code section and classification for Unlawful Entry?

Answer 15

Class 1 Misdemeanor.
Becomes a Class 6 Felony if committed as a Hate Crime (motivated by race, religion, color, national origin, gender, sexual orientation, gender identity, or disability).

Question 16

What are the two ways someone can commit Unlawful Entry under § 18.2-121?

Answer 16

1. Entering the property of another with the intent to damage the property or any part thereof. OR
2. Entering the property of another with the intent to interfere with the owner’s or occupant’s right to use the property free from interference (i.e., disturb their quiet enjoyment).

Question 17

What are the essential elements of Common Law Burglary in Virginia?

Answer 17

1. Breaking
2. and Entering
3. the Dwelling House
4. of Another
5. in the Nighttime
6. with the Intent to commit a Felony or any Larceny therein. (Felony)

Question 18

What qualifies as a “dwelling house” for Common Law Burglary?

Answer 18

A structure where a person regularly sleeps or lives.

• Must be occupied (used for habitation, even if temporarily vacant, if intent to return exists).
• Includes attached structures (e.g., attached garage).
• Does NOT include detached outbuildings (unless also lived/slept in).
• Does NOT include places like model homes or abandoned houses with no intent to return.
• Periodically used vacation homes can qualify if used for habitation when occupied.

Question 19

What does “of another” mean in the context of Common Law Burglary?

Answer 19

The person entering cannot have a right to be in the dwelling. One cannot typically burglarize their own home.
Exceptions:

• A Protective Order prohibits entry.
• An estranged spouse has moved out and established separate residency, losing the right to inhabit the former marital home.

Question 20

What constitutes “breaking” for Common Law Burglary?

Answer 20

Any application of force, however slight, to gain entry against the occupant’s will.

• Actual Breaking: Pushing open a closed door, opening a window, turning a knob, lifting a latch, using a found key.
• Constructive Breaking: Entry gained through fraud (e.g., pretending to be a repairman), threats, or conspiracy (e.g., an insider unlocking a door).

Note: Entering through an already open door or window is NOT breaking. Note: Having permission/unfettered access (e.g., key given freely) means entry isn’t against occupant’s will, so no breaking.

Question 21

What constitutes “entering” for Common Law Burglary?

Answer 21

Any intrusion into the structure by:

1. Any part of the defendant’s body.
2. An instrument or object under the defendant’s control (e.g., fishing pole, drone).

Question 22

What is the definition of “nighttime” for Common Law Burglary?

Answer 22

The period between sunset and sunrise. The Commonwealth must prove the breaking and entering occurred during this time beyond a reasonable doubt.

Question 23

What intent is required for Common Law Burglary, and when must it exist?

Answer 23

The intent to commit any felony or any larceny inside the dwelling house. This intent must exist at the time the breaking and entering occurs.

Note: Intent can often be inferred from the circumstances (e.g., unlawful entry typically implies intent to steal).

Question 24

Key features of § 18.2-90 Burglary?

Answer 24

• Intent: To commit Murder, Rape, Robbery, or Arson.
• Location: Dwelling house OR other structures (office, store, warehouse, bank, church, vessel, aircraft, vehicle if dwelling, etc.)
• Act/Time:
  Nighttime: Enter w/o breaking OR Break & Enter.
  Anytime: Break & Enter OR Enter & Conceal self.
• Felony.
• Enhancement: Armed with a deadly weapon.

Question 25

Key features of § 18.2-91 Burglary?

Answer 25

* Intent: To commit Larceny, Assault & Battery, or any Felony other than Murder, Rape, Robbery, Arson. * Location: Same as § 18.2-89 (Dwelling house OR other listed structures/vehicles). * Act/Time: Same as § 18.2-89 (Night entry w/o breaking; Anytime B&E or Enter & Conceal). * Felony. * Enhancement: Armed with a deadly weapon. ## Footnote (Note: Default assumption for unlawful entry is often intent to commit larceny, falling under this section).

Question 26

Key features of § 18.2-92 Burglary? ("Burglary Light")

Answer 26

* Intent: To commit any Misdemeanor other than Assault & Battery or Trespass (e.g., destruction of property). * Location: Dwelling house only. * Act/Time: Break & Enter (Anytime, day or night). * Felony. * Enhancement: Armed with a deadly weapon. ## Footnote Excludes A&B/Trespass

Question 27

Key features of § 18.2-93 Burglary?

Answer 27

* Intent: To commit Larceny of money, bonds, notes, etc. * Location: Banking House. * Act/Time: Enter (Anytime, day or night). No breaking required. * Requires being armed with a deadly weapon (element, not enhancement). * Felony.

Question 28

What constitutes a "deadly weapon" for burglary enhancements/elements?

Answer 28

An instrument likely to produce death or great bodily harm from the manner it is used or intended to be used. * Firearms (even unloaded/inoperable) and knives are typically presumed deadly. * Other items (bat, club, screwdriver, BB gun) can qualify based on circumstances and manner of use.

Question 29

Elements: Possession of Burglarious Tools (§ 18.2-94) What must be proven for a conviction under § 18.2-94?

Answer 29

Possession of any tool, implement, or outfit. With intent to commit burglary, robbery, or larceny. ## Footnote (Note: Possession by someone not a licensed dealer is prima facie evidence of intent, but actual criminal intent must still be proven overall. Mere possession of common tools is not enough without evidence linking them to criminal intent)

Question 30

What might qualify as a "tool, implement, or outfit" under § 18.2-94? | Burglarious Tools Examples

Answer 30

* Tools: Crowbar, screwdriver, hammer, pliers, lock picks, slim jims. * Implements: Items used for a specific task (could overlap with tools). * Outfit: Items prepared for the task (e.g., work gloves, mask, specially altered bag) ## Footnote Probably NOT: Phone, driver's license, regular purse. (Context and evidence of intent are crucial).

Question 31

If facts support multiple trespass-related charges (e.g., § 18.2-119 and § 18.2-121), should an officer worry about double jeopardy when deciding whether to issue charges for both?

Answer 31

No. If probable cause exists for multiple offenses, even if they seem redundant, charges should generally be issued for all applicable offenses. Double jeopardy concerns are typically addressed later in the judicial process, not at the charging stage.

Question 32

Besides lacking owner permission, what are examples of having "authority of law" to be on property (meaning it's NOT trespass)? | Trespass: "Without Authority of Law" Examples

Answer 32

* Possessing a valid lease or rental agreement. * Being a firefighter, EMS provider, or LEO performing official duties. * Having a search warrant or other court order allowing entry. * Implied permission (e.g., mail carrier on path to mailbox, public entering open business during hours).

Question 33

Scenario: A boyfriend lives at his girlfriend's place for 3 years, gets mail there, and helps with household expenses/bills but pays no formal rent. During an argument, she tells him to leave. He refuses. Can he be charged with trespass (§ 18.2-119)?

Answer 33

Yes, likely. According to the notes, without a rental agreement (oral or written, with consideration/rent), he is likely considered a guest whose permission can be revoked at any time. Helping with bills generally doesn't create a tenancy under VRLTA. Once forbidden, remaining constitutes trespass.

Question 34

How does separation affect the "marital abode" right preventing trespass charges between spouses?

Answer 34

The right weakens or may cease if the spouses decide to live separate and apart. The required duration isn't fixed, but the notes suggest a weekend apart is likely not enough, while a month apart probably is sufficient to argue the departing spouse no longer has the right to enter freely, potentially allowing for trespass if forbidden. | (A PO always trumps).

Question 35

Give an example from the notes of conduct that elevates civil trespass to criminal Common Law Trespass via breach of the peace.

Answer 35

Coming onto another person's property without permission specifically to shoot their dog. This action involves violence and hostility, clearly constituting a breach of the peace.

Question 36

Scenario: Owners allow a guest to stay in their home. After the owners leave, the guest decides to steal something from the master bedroom and breaks down the locked bedroom door. Is this burglary of the bedroom?

Answer 36

No (according to the notes/case law described). For burglary, the "dwelling house" is generally considered the entire structure providing habitation. Since the guest had permission to be inside the house initially, breaking into an internal room doesn't constitute breaking into the dwelling house. The criminal intent was formed after lawful entry into the main structure. (May be other charges like destruction of property, larceny).

Question 37

Scenario: An estranged husband pushes open his wife's door. He enters, realizes she isn't home, leaves, retrieves a gun from outside, re-enters (pushes door again), and drinks inside. Is the first entry burglary? Is the second?

Answer 37

* **First Entry:** Likely NO burglary, assuming he lacked felonious/larcenous intent at the moment he first broke and entered * **Second Entry**: Likely YES (Statutory Burglary). He performed a breaking (pushing door) and entering with a presumed unlawful intent (at minimum, trespass/unlawful entry; potentially A&B if wife was there, or larceny if he took something). The key is intent coinciding with that specific B&E.

Question 38

How does the reason someone has a key affect whether using it constitutes "breaking" for burglary?

Answer 38

* Unfettered Access: If given a key to "come and go as you will," using it to enter is generally NOT breaking, as the entry isn't against the owner's wishes (even if intent to steal forms later). * Limited Purpose: If given a key ONLY for a specific, limited purpose (e.g., "clean the house on Tuesday," "feed the pet while I'm away"), entering at other times or for other purposes could be considered entry against the owner's wishes and thus a constructive breaking if done with felonious/larcenous intent.

Question 39

Scenario: A girlfriend sometimes spends the night at her boyfriend's place and has a key, but generally only has permission to be there when specifically invited. He invites another woman over. The girlfriend uses her key, kicks in the door when it doesn't open easily, and assaults the other woman. Is this burglary?

Answer 39

Yes, likely Statutory Burglary (§ 18.2-90 or § 18.2-91). Even though she had a key, her permission to enter was limited (only when invited). Entering without a current invitation, especially by force (kicking door), against the occupant's wishes, with intent to commit A&B (or another crime) satisfies the elements. She exceeded her limited license to enter.

Question 40

Does "breaking and exiting" a structure (e.g., breaking a window to get out after committing a crime inside) count as burglary?

Answer 40

No. Burglary requires breaking and entering (or entering and concealing, under statute). Breaking out does not satisfy the "breaking" element required for the initial entry.

Question 41

Scenario: Person enters a house through a window at night and hides in the shower. When found, they put a finger over their mouth gesturing "quiet." Can intent for Murder, Rape, Robbery, or Arson (§ 18.2-89) be proven?

Answer 41

Likely NO, based on the notes. While suspicious, the gesture alone is too speculative to prove intent beyond a reasonable doubt for one of the specific, serious felonies required by § 18.2-89. (However, intent for Larceny under § 18.2-90 would likely be presumed).

Question 42

Scenario 1: A homeless person breaks into a dwelling simply to get warm. Is this § 18.2-91 Burglary? Scenario 2: A person breaks into a dwelling and intentionally destroys property inside, pleads guilty to trespass. Can they still be charged with § 18.2-91 Burglary?

Answer 42

Scenario 1: No. § 18.2-91 specifically excludes intent to commit mere Trespass to avoid this situation. Scenario 2: Yes. Even if guilty of trespass, the intent was also to commit misdemeanor destruction of property (which is not excluded). Breaking and entering a dwelling with intent to commit misdemeanor destruction of property fits § 18.2-91.

Question 43

For § 18.2-92 (Entering Bank Armed w/ Intent to Commit Larceny), what must be the target of the intended larceny?

Answer 43

The intended larceny must be of money, bonds, notes, or other evidence of debt belonging to or in the custody of the bank. According to the notes, intending to steal jewelry from customers inside the bank would not satisfy this element.

Question 44

Scenario: Police find someone possessing a laptop and a device used for re-magnetizing credit cards. Is this enough to charge Possession of Burglarious Tools (§ 18.2-94)?

Answer 44

No, not based on possession alone. According to the notes, you cannot assume the required intent (to commit burglary, robbery, or larceny) merely from possessing items like these, even if they could be used criminally. Additional evidence (texts, admissions, proximity to crime, etc.) indicating the specific criminal intent is required