Trespass

What is Trespassing in Virginia?

Virginia Trespassing LawsVirginia trespassing laws prohibit entering another person’s land without permission or remaining on the land after being told to leave.  Virginia trespassing laws do not apply to areas used for general public access or publicly owned buildings, unless the person did not enter or remain on the property for any purpose associated with it’s function. Additionally, entering or remaining on property for that property’s function but then disrupting the function may be considered trespassing.

There are a number of Virginia trespassing laws prohibiting the  unauthorized entry onto someone else’s land without permission.

Trespassing After Having Been Forbidden (Va. Code §18.2-119)

Va. Code §18.2-119 criminalizes entering or remaining on the land of another after notice that entry is forbidden.  This offense can be committed in a number of ways, including:

  • entering another person’s land without permission
  • remaining on another person’s property after having been told to leave
  • entering property posted with no trespassing or similar signs, without permissionReasinable Visible Signs Can Provide Proper Notice in Virginia That Trespassing is Prohibited
  • entering property in violation of a protective order

To convict an offender of trespass in Virginia under Va. Code §18.2-119, the Commonwealth must prove that the offender intentionally entered the land of another without permission.  This requires proof of:

  • entry or remaining
  • on the land of another
  • without permission, and
  • notice that the offender was not allowed on the property.

Presence on someone else’s property is not enough for a trespass conviction in Virginia.  The Commonwealth must prove that the offender had notice he could not be on the property.  The notice can be oral or written, and it must be given by someone with authority to prohibit people from entering or remaining on the property.  Notice can also be given by posted signs on the property prohibiting trespassers if the signs must be reasonably visible.

Trespass under Va. Code §18.2-119 is a Class 1 misdemeanor.  It is punished with up to 12 months in jail and a fine up to $2500.  If the trespasser intentionally selected the property based on race, religion, color or ethnicity, the offense is a Class 6 felony, punished with up to 5 years in prison.  There is a minimum of 6 months in jail, 30 days of which are a mandatory, active sentence.

Other Common Virginia Trespassing Laws
  • Encouraging or Soliciting a Virginia Trespass (Va. Code §18.2-120) is a Class 1 misdemeanor.  A trespass does not need to actually occur, as long as the Commonwealth proves that the action encouraged would have been a trespass.
  • Conspiring to trespass on another person’s property is a Class 3 misdemeanor under Va. Code §18.2-23.
  • Entering another person’s property, private or public, with the intent to damage the property or interfere with the owner’s or occupants use of the property is a Class 1 misdemeanor under Va. Code §18.2-121.  If the offender causes damage, he can be charged with trespass as well as destruction of property.  Intentionally selecting the property based on race, religion, color or national origin is a Class 6 felony, punished with up to 5 years in prison and a minimum of 6 months, 30 days of which are mandatory, active minimum.
  • Disorderly Trespass (entering the realty of another in a way that breached the peace or threatened a breach of the peace) is a Class 1 misdemeanor.

Virginia Trespassing Laws Involving School Property

Virginia trespassing laws prohibiting presence on school property can be punished with just a fine or up to 5 years in prison.

  • Trespassing on School Property in Virginia Can be Punished with Just a Fine or Even PrisonTrespassing on School Property: Trespassing on school property or a school bus at night is a Class 3 misdemeanor under Va. Code §18.2-128(A).  It is punished with a fine up to $500.
  • Unlawfully Remaining on School Property: Entering or failing to leave school property after being told to leave or in violation of posted notice is a Class 1 misdemeanor under Va. Code §18.2-128(B).  If the trespasser entered or remained on the property to abduct another person’s child, the offense is a Class 6 felony, punished with up to 5 years in prison.

For more information on Virginia trespassing laws relating to school property, click here.

Virginia Trespassing Laws Involving Cemeteries

Virginia trespassing laws related to unauthorized presence at cemeteries can be punished with just a fine or jail time.

  • Trespass on Cemetery at Night: It is a Class 4 misdemeanor to enter a cemetery at night without permission for any purpose other than visiting the grave of a family member (Va. Code §18.2-125).  This crime is punished with a fine up to $250.
  • Willfully or Maliciously Blocking Cemetery Entrance or Exit: Va. Code §18.2-127(A)(3) makes this offense a Class 1 misdemeanor.  It is punished with up to 12 months in jail and a fine up to $2500.

For more information on Virginia trespassing laws related to cemeteries, click here.

Virginia Trespassing Laws Involving Church Property

Virginia trespassing laws related to churches prohibit blocking an entrance or exit, trespassing at night, or remaining after being told to leave.

  • Willfully or Maliciously Blocking Church Entrance or Exit: This offense is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500 (Va. Code §18.2-127(C)).
  • Trespassing on Church Property: Va. Code §18.2-128(A) states that entering church property at night for any purpose other than to attend a meeting or sevice without permission is a Class 3 misdemeanor, punished with a fine up to $500.
  • Unlawfully Remaining on Church Property: Remaining on church property after having been told to leave or in violation of posted signs is a Class 1 misdemeanor Under Va. Code §18.2-128(B), punished with up to 12 months in jail and a fine up to $2500.

For more information on Virginia trespassing laws relating to church property, click here.

Virginia Trespassing Laws Related to Hunting and Fishing

Virginia trespassing laws relating to hunting and fishing can result in punishment of just a fine or up to 12 months in jail.

  • Hunting/Trapping in State Forrest Without Permit: Hunting or trapping in a state forrest without a permit is a Class 3 misdemeanor under Va. Code §10.1-1157.  It is punished with a fine up to $500.
  • Entering the Land of Another to Hunt/Fish: Va. Code §18.2-132 makes it a Class 3 misdemeanor for hunters or fishermen to intentionally enter another person’s land or water to hunt, fish or trap without consent.
  • Trespassing on Another's Land to Hunt or Fish Is A Crime in VirginiaEntering Land To Hunt or Fish in Violation of No Trespass Signs: Entering the land of another to hunt or fish without permission in violation of prohibitory signs is a Class 1 misdemeanor under Va. Code §18.2-134.  It is punished with up to 12 months in jail and a fine up to $2500.
  • Failing to Identify Self After Trespass to Hunt/Fish: It is a Class 4 misdemeanor under Va. Code §18.2-133 for failing to identify oneself to the landowner upon request after entering another’s land to hunt without permission.
  • Tampering with Signs Prohibiting Hunting/Fishing: Tampering with signs prohibiting hunting on another person’s property without consent is a Class 3 misdemeanor under Va. Code §18.2-135.  The offender can be punished with up to 6 months in jail, a fine up to $1000,and his hunting or fishing license will be revoked for up to 5 years.  

For more information on Virginia trespassing laws relating to hunting and fishing, click here.

Virginia Trespassing Laws Related to Transportation

There are a number of Virginia trespassing laws prohibited unauthorized entry on trains, railroads, and public transportation.

  • Trespassing on Train: Trespassing on a Train is a Class 4 misdemeanor under §18.2-160, punished with a fine up to $250.
  • Trespassing on Other Public Transportation: It is a Class 4 misdemeanor under Va. Code §18.2-160.2 to enter or remain upon or within a vehicle operated by a public transportation service without permission or after having been forbidden to do so.
  • Failing to Pay Train Fare: Boarding or riding a train without paying the appropriate fare will result in a civil penalty of $100 under Va. Code §18.2-160.1(A).
  • Using Fraudulent or Counterfeit Ticket on Train: Using a fraudulent or counterfeit ticket is a Class 2 misdemeanor under Va. Code §18.2-160.1(C) and is punished with a minimum fine of $500 for a first offense and a $750 minimum fine for a second offense if the second offense occurred more than 1 day but less than 1 year after the first offense.   The offender may also be responsible for the costs of prosecuting this fraud under §18.2-160.1(D).
  • Trespassing on a Railroad is a Class 4 Misdemeanor in VirginiaTrespassing on Railroad: Va. Code §18.2-159 makes it a Class 4 misdemeanor to go onto a railroad track except at a crossing.  A second violation in 2 years is a Class 2  misdemeanor.  A third violation is a Class 1 misdemeanor.  This statute also criminalizes causing an animal to go on a railroad track.
  • Bringing Animal Onto Railroad Track to Recover Damages: Intentionally leading an animal onto a railroad track with the intention of recovering monetary damages from the railroad is a Class 3 misdemeanor under Va. Code §18.2-158 if the animal is hurt or killed.

For more information on Virginia trespassing laws related to transportation, click here.

Virginia Trespassing Laws Involving Animals

  • Willful use of a spotlight on private property that is used for livestock or crops, without written consent, is a Class 3 misdemeanor under Va. Code §18.2-121.2.  This offense is punished with a fine up to $500.
  • Shining Spotlight on Poultry House: Shining a spotlight on an inhabited poultry house on another person’s land at night is a Class 4 misdemeanor under Va. Code §18.2-509 if the animals become panicked or injured.
  • Shining Spotlight on Place Used By Deer if Armed: Va. Code §29.1-525.A criminalizes shining a spotlight on an area used by deer from a vehicle when armed.  The offense is a Class 2 misdemeanor, punished with up to 6 months in jail and a fine up to $1000.  Anyone in the vehicle can be convicted of this offense.
  • Intentionally Shining Spotlight From Vehicle on Place Used by Deer: Intentionally shining a spotlight from a car on another person’s property that is a placed used by deer is a Class 4 misdemeanor under Va. Code §29.1-525(B).  Violation of this statute will result in revocation of the offenders hunting license and hunting privileges for up to 5 years.  Hunting in violation of this restriction is a Class 2 misdemeanor.
  • Allowing Animal Under Quarantine to Run at Large: Knowingly  allowing an animal under quarantine to run at large is a Class 4 misdemeanor under Va. Code §18.2-121.1, punished with a fine up to $250.

For more information on Virginia trespassing laws related to animals, click here.

Other Virginia Trespassing Laws

  • Va. Code §18.2-404 makes it a Class 1 misdemeanor to unreasonably or unnecessarily obstruct the free passage of others in a public place or on private property open to the public after being requested to stop.
  • Picketing or Assembling at Dwelling House in a disruptive manner is a Class 3 misdemeanor under Va. Code §18.2-419.
  • Unauthorized Use of Public Property is a Class 4 misdemeanor under Va. Code §15.2-2018 and under §15.2-2107.
  • Entering Premises of Property Padlocked for Failing to Pay Taxes is a Class 1 misdemeanor under Va. Code §58.1-1805.C.
  • OLYMPUS DIGITAL CAMERATrespassing on Private Shooting Preserve is a Class 4 misdemeanor under Va. Code §18.2-131.
  • Entering another person’s property and peeping or attempting to peep into a dwelling is a Class 1 misdemeanor under Va. Code §18.2-130.A.  It is is also a Class 1 misdemeanor under this statute to use a peephole to secretly peep or spy on someone where the person would have a reasonable expectation of privacy.
  • Unauthorized Posting of No Trespassing Signs on someone else’s property without permission is a Class 3 misdemeanor under Va. Code §18.2-119.1.  This offense is punished with a fine up to $500.