{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-1812.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-1812.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-1812.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-1812.2.html"}],"law_id":79991,"edition_id":1,"section_id":79991,"structure_id":14774,"section_number":"15.2-1812.2","catch_line":"Willful and malicious damage to or defacement of public or private facilities; penalty","history":"1995, c. 251, \u00a7 18.2-138.1; 1997, cc. 445, 461; 2004, c. 462; 2005, c. 614.","full_text":"A\n\nAny locality may by ordinance make unlawful the willful and malicious damage to or defacement of any public buildings, facilities and personal property or of any private buildings, facilities and personal property. The penalty for violation of such ordinance is a Class 1 misdemeanor. The punishment for any such violation in which the defacement is (i) more than 20 feet off the ground, (ii) on a railroad or highway overpass, or (iii) committed for the benefit of, at the direction of, or in association with any criminal street gang, as that term is defined by § 18.2-46.1, shall include a mandatory minimum fine of $500.B\n\nUpon a finding of guilt under any such ordinance in any case tried before the court without a jury, in the event the violation constitutes a first offense that results in property damage or loss, the court, without entering a judgment of guilt, upon motion of the defendant, may defer further proceedings and place the defendant on probation pending completion of a plan of community service work. If the defendant fails or refuses to complete the community service as ordered by the court, the court may make final disposition of the case and proceed as otherwise provided. If the community service work is completed as the court prescribes, the court may discharge the defendant and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying the ordinance in subsequent proceedings.C\n\nThe ordinance shall direct that the community service, to the extent feasible, include the repair, restoration or replacement of any damage or defacement to property within the locality, and may include clean-up, beautification, landscaping or other appropriate community service within the locality. Any ordinance adopted pursuant to this section shall make provision for a designee of the locality to supervise the performance of any community service work required and to report thereon to the court imposing such requirement. At or before the time of sentencing under the ordinance, the court shall receive and consider any plan for making restitution or performing community service submitted by the defendant. The court shall also receive and consider the recommendations of the supervisor of community service in the locality concerning the plan.D\n\nNotwithstanding any other provision of law, no person convicted of a violation of an ordinance adopted pursuant to this section shall be placed on probation or have his sentence suspended unless such person makes at least partial restitution for such property damage or is compelled to perform community services, or both, as is more particularly set forth in § 19.2-305.1.E\n\nIf a locality seeks to clean or cover the defacement, it shall give notice to the owner and lessee, if any, of any private building or facility that has been defaced that, within 15 days of receipt of such notice, if the owner or lessee does not clean or cover the defacement or object to the removal of the defacement, the locality may clean or cover the defacement at the locality’s expense.","order_by":null,"text":{"0":{"id":286486,"text":"Any locality may by ordinance make unlawful the willful and malicious damage to or defacement of any public buildings, facilities and personal property or of any private buildings, facilities and personal property. The penalty for violation of such ordinance is a Class 1 misdemeanor. The punishment for any such violation in which the defacement is (i) more than 20 feet off the ground, (ii) on a railroad or highway overpass, or (iii) committed for the benefit of, at the direction of, or in association with any criminal street gang, as that term is defined by § 18.2-46.1, shall include a mandatory minimum fine of $500.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":286487,"text":"Upon a finding of guilt under any such ordinance in any case tried before the court without a jury, in the event the violation constitutes a first offense that results in property damage or loss, the court, without entering a judgment of guilt, upon motion of the defendant, may defer further proceedings and place the defendant on probation pending completion of a plan of community service work. If the defendant fails or refuses to complete the community service as ordered by the court, the court may make final disposition of the case and proceed as otherwise provided. If the community service work is completed as the court prescribes, the court may discharge the defendant and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying the ordinance in subsequent proceedings.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":286488,"text":"The ordinance shall direct that the community service, to the extent feasible, include the repair, restoration or replacement of any damage or defacement to property within the locality, and may include clean-up, beautification, landscaping or other appropriate community service within the locality. Any ordinance adopted pursuant to this section shall make provision for a designee of the locality to supervise the performance of any community service work required and to report thereon to the court imposing such requirement. At or before the time of sentencing under the ordinance, the court shall receive and consider any plan for making restitution or performing community service submitted by the defendant. The court shall also receive and consider the recommendations of the supervisor of community service in the locality concerning the plan.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":286489,"text":"Notwithstanding any other provision of law, no person convicted of a violation of an ordinance adopted pursuant to this section shall be placed on probation or have his sentence suspended unless such person makes at least partial restitution for such property damage or is compelled to perform community services, or both, as is more particularly set forth in § 19.2-305.1.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":286490,"text":"If a locality seeks to clean or cover the defacement, it shall give notice to the owner and lessee, if any, of any private building or facility that has been defaced that, within 15 days of receipt of such notice, if the owner or lessee does not clean or cover the defacement or object to the removal of the defacement, the locality may clean or cover the defacement at the locality’s expense.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14774,"edition_id":1,"name":"Miscellaneous","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":14773,"metadata":{},"date_created":"2026-06-26 03:49:49","date_modified":"2026-06-26 03:49:49","permalink":{"id":154069,"object_type":"structure","relational_id":14774,"identifier":"3","token":"15.2\/II\/18\/3","url":"\/15.2\/II\/18\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14773,"edition_id":1,"name":"Buildings, Monuments and Lands Generally","identifier":"18","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:49:49","date_modified":"2026-06-26 03:49:49","permalink":{"id":153991,"object_type":"structure","relational_id":14773,"identifier":"18","token":"15.2\/II\/18","url":"\/15.2\/II\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76258,"structure_id":14774,"section_number":"15.2-1812","catch_line":"Memorials for war veterans","url":"\/15.2-1812\/","token":"15.2\/II\/18\/3\/15.2-1812","metadata":false},{"id":80918,"structure_id":14774,"section_number":"15.2-1812.1","catch_line":"Action for damage to memorials for war veterans","url":"\/15.2-1812.1\/","token":"15.2\/II\/18\/3\/15.2-1812.1","metadata":false},{"id":79991,"structure_id":14774,"section_number":"15.2-1812.2","catch_line":"Willful and malicious damage to or defacement of public or private facilities; penalty","url":"\/15.2-1812.2\/","token":"15.2\/II\/18\/3\/15.2-1812.2","metadata":false},{"id":60170,"structure_id":14774,"section_number":"15.2-1813","catch_line":"Notice when public hearing required","url":"\/15.2-1813\/","token":"15.2\/II\/18\/3\/15.2-1813","metadata":false},{"id":56543,"structure_id":14774,"section_number":"15.2-1814","catch_line":"Acquisition authorized by chapter declared to be for public use","url":"\/15.2-1814\/","token":"15.2\/II\/18\/3\/15.2-1814","metadata":false}],"previous_section":{"id":80918,"structure_id":14774,"section_number":"15.2-1812.1","catch_line":"Action for damage to memorials for war veterans","url":"\/15.2-1812.1\/","token":"15.2\/II\/18\/3\/15.2-1812.1","metadata":false},"next_section":{"id":60170,"structure_id":14774,"section_number":"15.2-1813","catch_line":"Notice when public hearing required","url":"\/15.2-1813\/","token":"15.2\/II\/18\/3\/15.2-1813","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-1812.2\/","history_text":"

This law was first created in 1995. The record of its establishment is cataloged in chapter 251<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1997, chapters 445<\/a> and 461<\/a>; in 2004, chapter 462<\/a>; in 2005, chapter 614<\/a>.<\/p>","references":[{"id":62824,"section_number":"16.1-278.8","catch_line":"Delinquent juveniles","order_by":null,"url":"\/16.1-278.8\/"},{"id":86583,"section_number":"18.2-46.1","catch_line":"Definitions","order_by":null,"url":"\/18.2-46.1\/"}],"refers_to":[{"id":86583,"section_number":"18.2-46.1","catch_line":"Definitions","order_by":null,"url":"\/18.2-46.1\/"}],"permalink":{"id":154079,"object_type":"law","relational_id":79991,"identifier":"15.2-1812.2","token":"15.2\/II\/18\/3\/15.2-1812.2","url":"\/15.2-1812.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-1812.2\/","token":"15.2\/II\/18\/3\/15.2-1812.2","dublin_core":{"Title":"Willful and malicious damage to or defacement of public or private facilities; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-1812.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any locality<\/span> may by ordinance<\/span> make unlawful the willful and malicious<\/span> damage to or defacement of any public buildings, facilities and personal property or of any private buildings, facilities and personal property. The penalty<\/span> for violation of such ordinance<\/span> is a Class 1 misdemeanor<\/span>. The punishment for any such violation in which the defacement is (i) more than 20 feet off the ground, (ii) on a railroad or highway overpass, or (iii) committed for the benefit of, at the direction of, or in association with any criminal street gang, as that term is defined by § 18.2-46.1<\/a>, shall include a mandatory minimum fine of $500. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon a finding<\/span> of guilt under any such ordinance<\/span> in any case tried before the court<\/span> without a jury<\/span>, in the event the violation constitutes a first offense<\/span> that results in property damage or loss, the court<\/span>, without entering a judgment<\/span> of guilt, upon motion<\/span> of the defendant<\/span>, may defer further proceedings and place the defendant<\/span> on probation<\/span> pending completion of a plan of community service<\/span> work. If the defendant<\/span> fails or refuses to complete the community service<\/span> as ordered by the court<\/span>, the court<\/span> may make final disposition<\/span> of the case and proceed as otherwise provided. If the community service<\/span> work is completed as the court<\/span> prescribes, the court<\/span> may discharge the defendant<\/span> and dismiss the proceedings against him. Discharge and dismissal<\/span> under this section shall be without adjudication of guilt and is a conviction<\/span> only for the purposes of applying the ordinance<\/span> in subsequent proceedings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The ordinance<\/span> shall direct that the community service<\/span>, to the extent feasible, include the repair, restoration or replacement of any damage or defacement to property within the locality<\/span>, and may include clean-up, beautification, landscaping or other appropriate community service<\/span> within the locality<\/span>. Any ordinance<\/span> adopted pursuant to this section shall make provision for a designee of the locality<\/span> to supervise the performance of any community service<\/span> work required and to report thereon to the court<\/span> imposing such requirement. At or before the time of sentencing under the ordinance<\/span>, the court<\/span> shall receive and consider any plan for making restitution<\/span> or performing community service<\/span> submitted by the defendant<\/span>. The court<\/span> shall also receive and consider the recommendations of the supervisor<\/span> of community service<\/span> in the locality<\/span> concerning the plan. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding any other provision of law<\/span>, no person convicted of a violation of an ordinance<\/span> adopted pursuant to this section shall be placed on probation<\/span> or have his sentence suspended unless such person makes at least partial restitution<\/span> for such property damage or is compelled to perform community services<\/span>, or both, as is more particularly set forth in § 19.2-305.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If a locality<\/span> seeks to clean or cover the defacement, it shall give notice to the owner and lessee, if any, of any private building or facility that has been defaced that, within 15 days of receipt of such notice, if the owner or lessee does not clean or cover the defacement or object<\/span> to the removal of the defacement, the locality<\/span> may clean or cover the defacement at the locality<\/span>’s expense. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWILLFUL AND MALICIOUS DAMAGE TO OR DEFACEMENT OF PUBLIC OR PRIVATE FACILITIES;\nPENALTY (\u00a7 15.2-1812.2)\n\nA. Any locality may by ordinance make unlawful the willful and malicious damage\nto or defacement of any public buildings, facilities and personal property or of\nany private buildings, facilities and personal property. The penalty for\nviolation of such ordinance is a Class 1 misdemeanor. The punishment for any\nsuch violation in which the defacement is (i) more than 20 feet off the ground,\n(ii) on a railroad or highway overpass, or (iii) committed for the benefit of,\nat the direction of, or in association with any criminal street gang, as that\nterm is defined by § 18.2-46.1, shall include a mandatory minimum fine of\n$500.\n\nB. Upon a finding of guilt under any such ordinance in any case tried before the\ncourt without a jury, in the event the violation constitutes a first offense\nthat results in property damage or loss, the court, without entering a judgment\nof guilt, upon motion of the defendant, may defer further proceedings and place\nthe defendant on probation pending completion of a plan of community service\nwork. If the defendant fails or refuses to complete the community service as\nordered by the court, the court may make final disposition of the case and\nproceed as otherwise provided. If the community service work is completed as the\ncourt prescribes, the court may discharge the defendant and dismiss the\nproceedings against him. Discharge and dismissal under this section shall be\nwithout adjudication of guilt and is a conviction only for the purposes of\napplying the ordinance in subsequent proceedings.\n\nC. The ordinance shall direct that the community service, to the extent\nfeasible, include the repair, restoration or replacement of any damage or\ndefacement to property within the locality, and may include clean-up,\nbeautification, landscaping or other appropriate community service within the\nlocality. Any ordinance adopted pursuant to this section shall make provision\nfor a designee of the locality to supervise the performance of any community\nservice work required and to report thereon to the court imposing such\nrequirement. At or before the time of sentencing under the ordinance, the court\nshall receive and consider any plan for making restitution or performing\ncommunity service submitted by the defendant. The court shall also receive and\nconsider the recommendations of the supervisor of community service in the\nlocality concerning the plan.\n\nD. Notwithstanding any other provision of law, no person convicted of a\nviolation of an ordinance adopted pursuant to this section shall be placed on\nprobation or have his sentence suspended unless such person makes at least\npartial restitution for such property damage or is compelled to perform\ncommunity services, or both, as is more particularly set forth in §\n19.2-305.1.\n\nE. If a locality seeks to clean or cover the defacement, it shall give notice to\nthe owner and lessee, if any, of any private building or facility that has been\ndefaced that, within 15 days of receipt of such notice, if the owner or lessee\ndoes not clean or cover the defacement or object to the removal of the\ndefacement, the locality may clean or cover the defacement at the\nlocality’s expense.\n\nHISTORY: 1995, c. 251, \u00a7 18.2-138.1; 1997, cc. 445, 461; 2004, c. 462; 2005, c.\n614.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}