Trespassing on Churches and Church Property in Virginia

Trespassing in Virginia occurs when an offender enters another person’s without permission, remains on another person’s land after being told to leave, or enters property posted with signs prohibiting trespassing. To be convicted of a trespassing charge in Virginia, the offender must have notice that he is not allowed on the property.  The main Virginia trespass crime is found in Va. Code §18.2-119.  However, there are a number of trespass crimes in Virginia that prohibit unauthorized entry in or onto specific places and properties.

This post focuses on charges related to trespassing on churches and church property in Virginia.  For more general information on trespass charges in Virginia, click here.

Crimes Involving Trespassing on Churches and Church Property in Virginia

Trespassing on churches and church property in Virginia can be a misdemeanor or even a felony.  For purposes of crimes related to trespassing on churches and church property in Virginia, a church is any place of worship and church property includes educational buildings or community centers owned or leased by a church (Va. Code §18.2-128(C)).

• Trespassing on Church Property (Va. Code §18.2-128(A)): Trespassing on churches and church property in Virginia is a crime under Va. Code §18.2-128(A).   Trespassing on Churches and Church Property in Virginia is entering church property at night without permission for any purpose other than to attend a meeting or service conducted in the church is a Class 3  misdemeanor.  This crime is punished with a fine up to $500.
• Unlawfully Remaining on Church Property (Va. Code §18.2-128(B)): It is a Class 1 misdemeanor to remain on church property after having been told to leave by someone authorized to remove someone from the property or in violation of visible no trespassing signs.  This crime is punished with up to 12 months in jail and a fine up to $2500.
• Willfully Blocking Church Entrance or Exit (Va. Code §18.2-127(A)(3)): It is a Class 1 misdemeanor in Virginia to willfully or maliciously obstruct proper ingress to and egress from a church.   This offense is punished with up to 12 months in jail and a fine up to $2500.
• Removal of Shrubbery from Church Property (Va. Code §18.2-127(A)(1)):  Willful or malicious destruction, removal, cutting, breaking, or injuring a tree, shrub, or plant on church property is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500.
• Removal of Flowers, Wreaths, or Vases from Church Property (Va. Code §18.2-127(A)(2)): It is a Class 1 misdemeanor to willfully or maliciously destroy, mutilate, injury or remove and carry away flowers, wreaths, vases or other ornaments placed in a church or on church property.
• Destruction or Removal of Church Property (Va. Code §18.2-127(B)): It is a Class 6 felony to willfully or maliciously destroy,  mutilate, deface, injure, or remove an object or structure permanently attached to church property or affixed within a church.  This crime is punished with up to 5 years in prison and a fine up to $2500.  The offender may also be ordered to pay restitution to the church.

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