This is the 2025 edition of the code. This is the current edition. Browse all editions.

§ 18.2-92 Breaking and entering dwelling house with intent to commit other misdemeanor

If any person break and enter a dwelling house while said dwelling is occupied, either in the day or nighttime, with the intent to commit any misdemeanor except assault and battery or trespass, he shall be guilty of a Class 6 felony. However, if the person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.

History

The record of this law’s original creation isn’t available online. It has been modified 4 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1968, chapter 530; in 1970, chapter 381; in 1975, chapters 14 and 15; in 1992, chapter 486.

Code 1950, § 18.1-88.1; 1968, c. 530; 1970, c. 381; 1975, cc. 14, 15; 1992, c. 486.

Download

What This Is

This is a law from the Code of Virginia. This is the actual, unchanged text of one of the many laws that govern Virginia.

Trust, But Verify

If you’re reading this for anything important, you should double-check its accuracy—read § 18.2-92 on the official Code of Virginia website.

Keyboard Guide

Court Decisions

Isaiah A. Green v. Commonwealth of Virginia (COA, 06/16/20)
. . . COURT OF APPEALS OF VIRGINIA . . .
Larry Wayne Inge v. Commonwealth (COA, 10/15/02)
. . . BUMGARDNER, Judge. . . .
Rashad v. Commonwealth (COA, 10/23/07)
. . . 651 S.E.2d 407 (2007) . . .
Lay v. Commonwealth (COA, 09/04/07)
. . . 649 S.E.2d 714 (2007) . . .
Turner v. Commonwealth (COA, 08/27/02)
. . . 568 S.E.2d 468 (2002) . . .
Johnson v. Commonwealth (COA, 05/31/94)
. . . 444 S.E.2d 559 (1994) . . .
Graves v. Commonwealth (SCV, 10/12/17)
. . . PRESENT: All the Justices . . .
Graves v. Commonwealth (SCV, 10/12/17)
. . . OPINION BY JUSTICE STEPHEN R. McCULLOUGH . . .
Anderson v. Com. (SCV, 09/14/07)
. . . 650 S.E.2d 702 (2007) . . .
Saunders v. Commonwealth (COA, 02/04/86)
. . . 339 S.E.2d 550 (1986) . . .

Court opinions are provided by CourtListener, which is developed by the Free Law Project.

Amendment Attempts

HB1714: Assault and battery; serious bodily injury; penalty. (failed)
HB1773: Enhanced earned sentence credits; exemptions; firearm-related offense; felony conviction while a prisoner. (failed)
HB1877: Barrier crimes; peer recovery specialists; screening requirements. (passed)
HB2192: Enhanced earned sentence credits; repeals four-level classification system. (failed)
HB2310: Use of communications system to expose sexual or genital parts to a child; penalty. (passed)
HB2456: Discretionary sentencing guideline midpoints; violent felony offenses. (failed)
HB2485: Cannabis control; establishes framework for creating retail market, penalties. (failed)
HB2491: Assault and battery; serious bodily injury, penalty. (failed)
HB2576: Geriatric prisoners; conditional release. (failed)
SB970: Cannabis control; establishes framework for creating retail market, penalties. (failed)
SB1071: Enhanced earned sentence credits; exemptions, felony drug offenses. (failed)
SB1080: Earned sentence credits; inchoate offenses, concurrent and consecutive sentences. (failed)
SB1322: Virginia Gaming Commerce Regulation Act; established, penalties distribution of funds, report. (failed)
SB1323: Virginia Gaming Commerce Regulation Act; established, penalties, report. (failed)
HB244: Robbery; conforms certain provisions of Code to degrees of robbery offenses.
HB251: Assault and battery; creates Class 6 felony for serious bodily injury. (failed)
HB642: Cannabis control; establishes framework for creation of retail marijuana market, penalties, report. (failed)
HB1162: State correctional facilities; required education or vocational training. (failed)
HB1272: Electronic gaming devices; regulation, penalties, sunset.
HB1326: Geriatric prisoners; conditional release, Parole Board shall promulgate regulations.
SB209: Geriatric prisoners; conditional release.
SB542: Cannabis control; establishes framework for creation of retail marijuana market, penalties, report.
SB661: Va. Small Business Economic Dev. Act; established, regulation and taxation of skill game machines.
SB671: Cannabis control; retail market; penalties.
SB826: Marijuana; creates framework for retail sales.