dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 4 (Crimes Against the Person)
§ 18.2-67.5:2. Punishment upon conviction of certain subsequent felony sexual assault.
A. Any person convicted of (i) more than one offense specified in subsection B or (ii) one of the offenses specified in subsection B of this section and one of the offenses specified in subsection B of § 18.2-67.5:3 when such offenses were not part of a common act, transaction, or scheme and who has been at liberty as defined in § 53.1-151 between each conviction shall, upon conviction of the second or subsequent such offense, be sentenced to the maximum term authorized by statute for such offense and shall not have all or any part of such sentence suspended, provided that it is admitted, or found by the jury or judge before whom the person is tried, that he has been previously convicted of at least one of the specified offenses.

B. The provisions of subsection A shall apply to felony convictions for:

1. Carnal knowledge of a child between 13 and 15 years of age in violation of § 18.2-63 when the offense is committed by a person over the age of 18;

2. Carnal knowledge of certain minors in violation of § 18.2-64.1;

3. Aggravated sexual battery in violation of § 18.2-67.3;

4. Crimes against nature in violation of subsection B of § 18.2-361;

5. Sexual intercourse with one's own child or grandchild in violation of § 18.2-366;

6. Taking indecent liberties with a child in violation of § 18.2-370 or 18.2-370.1; or

7. Conspiracy to commit any offense listed in subdivisions 1 through 6 pursuant to § 18.2-22.

C. For purposes of this section, prior convictions shall include (i) adult convictions for felonies under the laws of any state or the United States that are substantially similar to those listed in subsection B and (ii) findings of not innocent, adjudications, or convictions in the case of a juvenile if the juvenile offense is substantially similar to those listed in subsection B, the offense would be a felony if committed by an adult in the Commonwealth, and the offense was committed less than 20 years before the second offense.

The Commonwealth shall notify the defendant in writing, at least 30 days prior to trial, of its intention to seek punishment pursuant to this section.

1995, c. 834; 2000, c. 333; 2020, cc. 122, 900.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 4 (Crimes Against the Person)
§ 18.2-67.5:3. Punishment upon conviction of certain subsequent violent felony sexual assault.
A. Any person convicted of more than one offense specified in subsection B, when such offenses were not part of a common act, transaction or scheme, and who has been at liberty as defined in § 53.1-151 between each conviction shall, upon conviction of the second or subsequent such offense, be sentenced to life imprisonment and shall not have all or any portion of the sentence suspended, provided it is admitted, or found by the jury or judge before whom he is tried, that he has been previously convicted of at least one of the specified offenses.

B. The provisions of subsection A shall apply to convictions for:

1. Rape in violation of § 18.2-61;

2. Forcible sodomy in violation of § 18.2-67.1;

3. Object sexual penetration in violation of § 18.2-67.2;

4. Abduction with intent to defile in violation of § 18.2-48; or

5. Conspiracy to commit any offense listed in subdivisions 1 through 4 pursuant to § 18.2-22.

C. For purposes of this section, prior convictions shall include (i) adult convictions for felonies under the laws of any state or the United States that are substantially similar to those listed in subsection B and (ii) findings of not innocent, adjudications or convictions in the case of a juvenile if the juvenile offense is substantially similar to those listed in subsection B, the offense would be a felony if committed by an adult in the Commonwealth and the offense was committed less than twenty years before the second offense.

The Commonwealth shall notify the defendant in the indictment, information, or warrant, at least thirty days prior to trial, of its intention to seek punishment pursuant to this section.

1995, c. 834; 2007, c. 506.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 4 (Crimes Against the Person)
§ 18.2-67.6. Proof of physical resistance not required.
The Commonwealth need not demonstrate that the complaining witness cried out or physically resisted the accused in order to convict the accused of an offense under this article, but the absence of such resistance may be considered when relevant to show that the act alleged was not against the will of the complaining witness.

1981, c. 397.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 4 (Crimes Against the Person)
§ 18.2-67.7:1. Evidence of similar crimes in child sexual offense cases (Supreme Court Rule 2:413 derived from this section).
A. In a criminal case in which the defendant is accused of a felony sexual offense involving a child victim, evidence of the defendant's conviction of another sexual offense or offenses is admissible and may be considered for its bearing on any matter to which it is relevant.

B. The Commonwealth shall provide to the defendant 14 days prior to trial notice of its intention to introduce copies of final orders evidencing the defendant's qualifying prior criminal convictions. Such notice shall include (i) the date of each prior conviction, (ii) the name and jurisdiction of the court where each prior conviction was obtained, and (iii) each offense of which the defendant was convicted. Prior to commencement of the trial, the Commonwealth shall provide to the defendant photocopies of certified copies of the final orders that it intends to introduce.

C. This section shall not be construed to limit the admission or consideration of evidence under any other section or rule of court.

D. For purposes of this section, "sexual offense" means any offense or any attempt or conspiracy to engage in any offense described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 or § 18.2-370, 18.2-370.01, or 18.2-370.1 or any substantially similar offense under the laws of another state or territory of the United States, the District of Columbia, or the United States.

E. Evidence offered in a criminal case pursuant to the provisions of this section shall be subject to exclusion in accordance with the Virginia Rules of Evidence, including but not limited to Rule 2:403.

2014, c. 782.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 4 (Crimes Against the Person)
§ 18.2-67.8. Closed preliminary hearings.
In preliminary hearings for offenses charged under this article or under §§ 18.2-361, 18.2-366, 18.2-370 or § 18.2-370.1, the court may, on its own motion or at the request of the Commonwealth, the complaining witness, the accused, or their counsel, exclude from the courtroom all persons except officers of the court and persons whose presence, in the judgment of the court, would be supportive of the complaining witness or the accused and would not impair the conduct of a fair hearing.

1981, c. 397; 1993, c. 440.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 4 (Crimes Against the Person)
§ 18.2-67.9:1. Use of a certified facility dog for testimony in a criminal proceeding.
A. As used in this section, "certified facility dog" means a dog that (i) has completed training and been certified by a program accredited by Assistance Dogs International or by another assistance dog organization that is a member of an organization whose main purpose is to improve training, placement, and utilization of assistance dogs and (ii) is accompanied by a duly trained handler.

B. In any criminal proceeding, including preliminary hearings, the attorney for the Commonwealth or the defendant may apply for an order from the court allowing a certified facility dog to be present with a witness testifying before the court through in-person testimony or testimony televised by two-way closed-circuit television pursuant to § 18.2-67.9.

C. The court may enter an order authorizing a dog to accompany a witness while testifying at a hearing in accordance with subsection B if the court finds by a preponderance of the evidence that:

1. The dog to be used qualifies as a certified facility dog;

2. The use of a certified facility dog will aid the witness in providing his testimony; and

3. The presence and use of the certified facility dog will not interfere with or distract from the testimony or proceedings.

D. The party seeking such order shall apply for the order at least 14 days before the preliminary hearing, trial date, or other hearing to which the order is to apply.

E. The court may make such orders as necessary to preserve the fairness of the proceeding, including imposing restrictions on and instructing the jury regarding the presence of the certified facility dog during the proceedings.

F. Nothing contained in this section shall prevent the court from providing any other accommodations to a witness as provided by law.

2018, cc. 524, 699.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 4 (Crimes Against the Person)
§ 18.2-68. Repealed.
Repealed by Acts 1994, c. 59.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 4 (Crimes Against the Person)
§ 18.2-71. Producing abortion or miscarriage, etc.; penalty.
Except as provided in other sections of this article, if any person administer to, or cause to be taken by a woman, any drug or other thing, or use means, with intent to destroy her unborn child, or to produce abortion or miscarriage, and thereby destroy such child, or produce such abortion or miscarriage, he shall be guilty of a Class 4 felony.

Code 1950, § 18.1-62; 1960, c. 358; 1970, c. 508; 1975, cc. 14, 15.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 4 (Crimes Against the Person)
§ 18.2-71.1. Partial birth infanticide; penalty.
A. Any person who knowingly performs partial birth infanticide and thereby kills a human infant is guilty of a Class 4 felony.

B. For the purposes of this section, "partial birth infanticide" means any deliberate act that (i) is intended to kill a human infant who has been born alive, but who has not been completely extracted or expelled from its mother, and that (ii) does kill such infant, regardless of whether death occurs before or after extraction or expulsion from its mother has been completed.

The term "partial birth infanticide" shall not under any circumstances be construed to include any of the following procedures: (i) the suction curettage abortion procedure, (ii) the suction aspiration abortion procedure, (iii) the dilation and evacuation abortion procedure involving dismemberment of the fetus prior to removal from the body of the mother, or (iv) completing delivery of a living human infant and severing the umbilical cord of any infant who has been completely delivered.

C. For the purposes of this section, "human infant who has been born alive" means a product of human conception that has been completely or substantially expelled or extracted from its mother, regardless of the duration of pregnancy, which after such expulsion or extraction breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.

D. For purposes of this section, "substantially expelled or extracted from its mother" means, in the case of a headfirst presentation, the infant's entire head is outside the body of the mother, or, in the case of breech presentation, any part of the infant's trunk past the navel is outside the body of the mother.

E. This section shall not prohibit the use by a physician of any procedure that, in reasonable medical judgment, is necessary to prevent the death of the mother, so long as the physician takes every medically reasonable step, consistent with such procedure, to preserve the life and health of the infant. A procedure shall not be deemed necessary to prevent the death of the mother if completing the delivery of the living infant would prevent the death of the mother.

F. The mother may not be prosecuted for any criminal offense based on the performance of any act or procedure by a physician in violation of this section.

2003, cc. 961, 963.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 4 (Crimes Against the Person)
§ 18.2-72. When abortion lawful during first trimester of pregnancy.
Notwithstanding any of the provisions of § 18.2-71, it shall be lawful for (i) any physician licensed by the Board of Medicine to practice medicine and surgery or (ii) any person jointly licensed by the Boards of Medicine and Nursing as an advanced practice registered nurse and acting within such person's scope of practice to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman during the first trimester of pregnancy.

1975, cc. 14, 15; 2020, cc. 898, 899; 2023, c. 183.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 4 (Crimes Against the Person)
§ 18.2-73. When abortion lawful during second trimester of pregnancy.
Notwithstanding any of the provisions of § 18.2-71 and in addition to the provisions of § 18.2-72, it shall be lawful for any physician licensed by the Board of Medicine to practice medicine and surgery, to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman during the second trimester of pregnancy and prior to the third trimester of pregnancy provided such procedure is performed in a hospital licensed by the State Department of Health or operated by the Department of Behavioral Health and Developmental Services.

1975, cc. 14, 15; 2009, cc. 813, 840.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 4 (Crimes Against the Person)
§ 18.2-74. When abortion or termination of pregnancy lawful after second trimester of pregnancy.
Notwithstanding any of the provisions of § 18.2-71 and in addition to the provisions of §§ 18.2-72 and 18.2-73, it shall be lawful for any physician licensed by the Board of Medicine to practice medicine and surgery to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman in a stage of pregnancy subsequent to the second trimester provided the following conditions are met:

(a) Said operation is performed in a hospital licensed by the Virginia State Department of Health or operated by the Department of Behavioral Health and Developmental Services.

(b) The physician and two consulting physicians certify and so enter in the hospital record of the woman, that in their medical opinion, based upon their best clinical judgment, the continuation of the pregnancy is likely to result in the death of the woman or substantially and irremediably impair the mental or physical health of the woman.

(c) Measures for life support for the product of such abortion or miscarriage must be available and utilized if there is any clearly visible evidence of viability.

1975, cc. 14, 15; 2009, cc. 813, 840.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 4 (Crimes Against the Person)
§ 18.2-74.1. Abortion, etc., when necessary to save life of woman.
In the event it is necessary for a licensed physician to terminate a human pregnancy or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman in order to save her life, in the opinion of the physician so performing the abortion or causing the miscarriage, §§ 18.2-71, 18.2-73 and 18.2-74 shall not be applicable.

Code 1950, § 18.1-62.3; 1970, c. 508; 1975, cc. 14, 15.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 4 (Crimes Against the Person)
§ 18.2-74.2. Repealed.
Repealed by Acts 2003, cc. 961 and 963.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 4 (Crimes Against the Person)
§ 18.2-75. Conscience clause.
Nothing in §§ 18.2-72, 18.2-73 or § 18.2-74 shall require a hospital or other medical facility or physician to admit any patient under the provisions hereof for the purpose of performing an abortion. In addition, any person who shall state in writing an objection to any abortion or all abortions on personal, ethical, moral or religious grounds shall not be required to participate in procedures which will result in such abortion, and the refusal of such person, hospital or other medical facility to participate therein shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against such person, nor shall any such person be denied employment because of such objection or refusal. The written objection shall remain in effect until such person shall revoke it in writing or terminate his association with the facility with which it is filed.

Code 1950, § 18.1-63.1; 1974, c. 679; 1975, cc. 14, 15.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 4 (Crimes Against the Person)
§ 18.2-76. Informed written consent required.
Before performing any abortion or inducing any miscarriage or terminating a pregnancy as provided in § 18.2-72, 18.2-73, or 18.2-74, the physician or, if such abortion, induction, or termination is to be performed pursuant to § 18.2-72, either the physician or the advanced practice registered nurse authorized pursuant to clause (ii) of § 18.2-72 to perform such abortion, induction, or termination shall obtain the informed written consent of the pregnant woman. However, if the woman has been adjudicated incapacitated by any court of competent jurisdiction or if the physician or, if the abortion, induction, or termination is to be performed pursuant to § 18.2-72, either the physician or the advanced practice registered nurse authorized pursuant to clause (ii) of § 18.2-72 to perform such abortion, induction, or termination knows or has good reason to believe that such woman is incapacitated as adjudicated by a court of competent jurisdiction, then only after permission is given in writing by a parent, guardian, committee, or other person standing in loco parentis to the woman, may the physician or, if the abortion, induction, or termination is to be performed pursuant to § 18.2-72, either the physician or the advanced practice registered nurse authorized pursuant to clause (ii) of § 18.2-72 to perform such abortion, induction, or termination perform the abortion or otherwise terminate the pregnancy.

Code 1950, § 18.1-62.1; 1970, c. 508; 1972, c. 823; 1975, cc. 14, 15; 1979, c. 250; 1997, c. 801; 2001, cc. 473, 477; 2003, c. 784; 2012, c. 131; 2020, cc. 898, 899; 2023, c. 183.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 4 (Crimes Against the Person)
§ 18.2-76.1. Encouraging or promoting abortion.
If any person, by publication, lecture, advertisement, or by the sale or circulation of any publication, or through the use of a referral agency for profit, or in any other manner, encourage or promote the performing of an abortion or the inducing of a miscarriage in this Commonwealth which is prohibited under this article, he shall be guilty of a Class 3 misdemeanor.

Code 1950, § 18.1-63; 1960, c. 358; 1972, c. 725; 1975, cc. 14, 15.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 4 (Crimes Against the Person)
§ 18.2-76.2. Repealed.
Repealed by Acts 2015, c. 709, cl. 2.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-100. Removal of crop by tenant before rents and advances are satisfied.
It shall be unlawful for any person renting the lands of another, either for a share of the crop or for money consideration, to remove therefrom, without the consent of the landlord, any part of such crop until the rents and advances are satisfied. Every such offense shall be punishable as a Class 3 misdemeanor.

Code 1950, § 18.1-115; 1960, c. 358; 1975, cc. 14, 15.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-101. Selling, etc., of goods distrained or levied on.
If any person fraudulently sell, pledge, encumber, remove, destroy, receive or secrete any goods, chattels or other personal property of any kind whatsoever that has been distrained or levied upon, with intent to defeat such distress or levy, he shall be deemed guilty of the larceny thereof.

Code 1950, § 18.1-108; 1960, c. 358; 1975, cc. 14, 15.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-102. Unauthorized use of animal, aircraft, vehicle or boat; consent; accessories or accomplices.
Any person who shall take, drive or use any animal, aircraft, vehicle, boat or vessel, not his own, without the consent of the owner thereof and in the absence of the owner, and with intent temporarily to deprive the owner thereof of his possession thereof, without intent to steal the same, shall be guilty of a Class 6 felony, provided, however, that if the value of such animal, aircraft, vehicle, boat or vessel shall be less than $1,000, such person shall be guilty of a Class 1 misdemeanor. The consent of the owner of an animal, aircraft, vehicle, boat or vessel to its taking, driving or using shall not in any case be presumed or implied because of such owner's consent on a previous occasion to the taking, driving or using of such animal, aircraft, vehicle, boat or vessel by the same or a different person. Any person who assists in, or is a party or accessory to, or an accomplice in, any such unauthorized taking, driving or using shall be subject to the same punishment as if he were the principal offender.

Code 1950, § 18.1-164; 1960, c. 358; 1970, c. 8; 1975, cc. 14, 15; 1981, c. 197; 2018, cc. 764, 765; 2020, cc. 89, 401.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-102.1. Removal of shopping cart from store premises.
(1) The term "shopping cart" when used in this section means those push carts of the type or types which are commonly provided by grocery stores, drugstores, or other merchant stores or markets for the use of the public in transporting commodities in stores and markets from the store to a place outside the store.

(2) It shall be unlawful for any person to remove a shopping cart from the premises, of the owner of such shopping cart without the consent, of the owner or of his agent, servant, or employee given at the time of such removal. For the purpose of this section, the premises shall include all the parking area set aside by the owner, or on behalf of the owner, for the parking of cars for the convenience of the patrons of the owner.

(3) Any person convicted of a violation under subsection (2) shall be guilty of a Class 3 misdemeanor.

Code 1950, § 18.1-117.2; 1975, c. 269.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-102.2. Unauthorized use of dairy milk cases or milk crates; penalty.
It shall be unlawful for any person to:

1. Buy, sell, or dispose of any milk case or milk crate bearing the name or label of the owner without the written consent of the owner or his designated agent;

2. Refuse, upon written demand of the owner or his designated agent, to return to the owner or his designated agent any milk case or milk crate bearing the name or label of the owner; or

3. Deface, obliterate, erase, cover up, or otherwise remove or conceal any name, label, registered trademark, insignia, or other business identification of an owner of a milk case or milk crate without the consent of the owner, for the purpose of destroying or removing from the milk case or milk crate evidence of its ownership.

A violation of this section shall be punishable as a Class 4 misdemeanor.

For purposes of this section, milk cases or milk crates shall be deemed to bear a name or label of an owner when there is imprinted or attached on the case or crate a name, insignia, mark, business identification, or label showing ownership or sufficient information to ascertain ownership. The term "milk case" or "milk crate" means a wire or plastic container which holds sixteen quarts or more of beverage and is used by distributors or retailers or their agents as a means to transport, store, or carry dairy products.

1990, c. 452.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-103. Concealing or taking possession of merchandise; altering price tags; transferring goods from one container to another; counseling, etc., another in performance of such acts.
Whoever, without authority, with the intention of converting goods or merchandise to his own or another's use without having paid the full purchase price thereof, or of defrauding the owner of the value of the goods or merchandise, (i) willfully conceals or takes possession of the goods or merchandise of any store or other mercantile establishment, or (ii) alters the price tag or other price marking on such goods or merchandise, or transfers the goods from one container to another, or (iii) counsels, assists, aids or abets another in the performance of any of the above acts, when the value of the goods or merchandise involved in the offense is less than $1,000, shall be guilty of petit larceny and, when the value of the goods or merchandise involved in the offense is $1,000 or more, shall be guilty of grand larceny. The willful concealment of goods or merchandise of any store or other mercantile establishment, while still on the premises thereof, shall be prima facie evidence of an intent to convert and defraud the owner thereof out of the value of the goods or merchandise.

Code 1950, § 18.1-126; 1960, c. 358; 1970, c. 652; 1975, cc. 14, 15; 1994, c. 706; 2018, cc. 764, 765; 2020, cc. 89, 401.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-103.1. Organized retail theft; penalty.
A. As used in this section:

"Retail mercantile establishment" means any place where merchandise is displayed, held, stored, or offered for sale to the public.

"Retail property" means any article, product, commodity, item, or component intended to be sold in retail commerce.

"Retail property fence" means a person or business that buys retail property knowing or believing that such retail property has been unlawfully obtained.

B. Any person who conspires or acts in concert with another person to commit simple larceny of retail property from one or more retail mercantile establishments, with a value exceeding $5,000 aggregated over a 90-day period, with the intent to sell such retail property for monetary or other gain, and who takes or causes such retail property to be placed in the control of a retail property fence or other person and either (i) receives or possesses any retail property that has been obtained by simple larceny from one or more retail mercantile establishments while knowing or having reasonable grounds to believe the property was unlawfully obtained or (ii) conspires or acts in concert with two or more other persons as an organizer, supervisor, financier, leader, or manager to engage for profit in a scheme or course of conduct to effectuate the transfer or sale of property obtained by simple larceny from one or more retail mercantile establishments is guilty of organized retail theft.

C. A violation of this section is punishable as a Class 3 felony.

D. Any larceny of retail property occurring in more than one county or city may be aggregated into an alleged violation of this section.

E. Venue for the trial of any person charged with an offense under this section may be in the county or city in which (i) any act was performed in furtherance of the offense or (ii) the person charged with the offense resided at the time of the offense.

2023, cc. 357, 358.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-104. Repealed.
Repealed by Acts 2021, Sp. Sess. I, c. 192, cl. 1, effective July 1, 2021.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-104.1. Liability upon conviction under § 18.2-103.
Any person who has been convicted of violating the provisions of § 18.2-103 shall be civilly liable to the owner for the retail value of any goods and merchandise illegally converted and not recovered by the owner, and for all costs incurred in prosecuting such person under the provisions of § 18.2-103. Such costs shall be limited to actual expenses, including the base wage of one employee acting as a witness for the Commonwealth and suit costs. Provided, however, the total amount of allowable costs granted hereunder shall not exceed $250, excluding the retail value of the goods and merchandise.

1976, c. 577.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-105. Repealed.
Repealed by Acts 2004, c. 462.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-105.1. Detention of suspected shoplifter.
A merchant, agent or employee of the merchant, who has probable cause to believe that a person has shoplifted in violation of § 18.2-95 or § 18.2-96 or § 18.2-103, on the premises of the merchant, may detain such person for a period not to exceed one hour pending arrival of a law-enforcement officer.

1976, c. 515.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-105.2. Manufacture, sale, etc., of devices to shield against electronic detection of shoplifting prohibited; penalty.
It shall be unlawful to manufacture, sell, offer for sale, distribute or possess any specially coated or laminated bag or other device primarily designed and intended to shield shoplifted merchandise from detection by an anti-theft electronic alarm sensor, with the intention that the same be used to aid in the shoplifting of merchandise. A violation of this section shall be punishable as a Class 1 misdemeanor.

1984, c. 386; 2003, c. 831.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-106. "Agents of the merchant" defined.
As used in this article "agents of the merchant" shall include attendants at any parking lot owned or leased by the merchant, or generally used by customers of the merchant through any contract or agreement between the owner of the parking lot and the merchant.

Code 1950, § 18.1-128; 1960, c. 358; 1975, cc. 14, 15.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-107. Theft or destruction of public records by others than officers.
If any person steal or fraudulently secrete or destroy a public record or part thereof, including a microphotographic copy thereof, he shall, if the offense be not embraced by § 18.2-472 be guilty of a Class 6 felony.

Code 1950, § 18.1-308; 1960, c. 358; 1974, c. 649; 1975, cc. 14, 15; 1977, c. 107.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-108. Receiving, etc., stolen goods.
A. If any person buys or receives from another person, or aids in concealing, any stolen goods or other thing, knowing the same to have been stolen, he shall be deemed guilty of larceny thereof, and may be proceeded against, although the principal offender is not convicted.

B. If any person buys or receives any goods or other thing, used in the course of a criminal investigation by law enforcement that such person believes to have been stolen, he shall be deemed guilty of larceny thereof.

Code 1950, § 18.1-107; 1960, c. 358; 1975, cc. 14, 15; 2008, c. 578.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-108.01. Larceny with intent to sell or distribute; sale of stolen property; penalty.
A. Any person who commits larceny of property with a value of $1,000 or more with the intent to sell or distribute such property is guilty of a felony punishable by confinement in a state correctional facility for not less than two years nor more than 20 years. The larceny of more than one item of the same product is prima facie evidence of intent to sell or intent to distribute for sale.

B. Any person who sells, attempts to sell or possesses with intent to sell or distribute any stolen property with an aggregate value of $1,000 or more where he knew or should have known that the property was stolen is guilty of a Class 5 felony.

C. A violation of this section constitutes a separate and distinct offense.

2003, c. 831; 2018, cc. 764, 765; 2020, cc. 89, 401.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-108.1. Receipt of stolen firearm.
Notwithstanding the provisions of § 18.2-108, any person who buys or receives a firearm from another person or aids in concealing a firearm, knowing that the firearm was stolen, shall be guilty of a Class 6 felony and may be proceeded against although the principal offender is not convicted.

1988, c. 358; 1998, c. 821.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-109. Receipt or transfer of possession of stolen vehicle, aircraft or boat.
Any person who, with intent to procure or pass title to a vehicle, aircraft, boat or vessel, which he knows or has reason to believe has been stolen, shall receive or transfer possession of the same from one to another or who shall with like intent have in his possession any vehicle, aircraft, boat or vessel which he knows or has reason to believe has been stolen, and who is not an officer of the law engaged at the time in the performance of his duty as an officer, shall be guilty of a Class 6 felony.

Code 1950, § 18.1-165; 1960, c. 358; 1975, cc. 14, 15.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-110. Repealed.
Repealed by Acts 2004, c. 995.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-110.1. Mail theft; penalty.
A. As used in this section:

"Delivery service" means the same as that term is defined in § 18.2-246.6. "Delivery service" does not include the United States Postal Service.

"Mail" means any letter, postal card, parcel, package, bag, or other material, along with its contents, that (i) has postage affixed by the postal customer or a postal service, (ii) has been accepted for delivery by a postal service, (iii) the postal customer leaves for collection by a postal service, or (iv) a postal service delivers to the postal customer, which has not been retrieved from the mail receptacle.

"Mail receptacle" means a mailbox, post office box, rural box, letter box, lock drawer, or any place or area intended or used by postal customers or a postal service for the collection, deposit, or delivery of mail.

"Postal service" means the United States Postal Service or a delivery service.

B. Any person who (i) knowingly, willfully, and with the intent to deprive, injure, damage, or defraud another (a) takes, destroys, hides, or embezzles mail or (b) obtains any mail by fraud or deception; (ii) buys, receives, conceals, or possesses (a) mail and knows or reasonably should know that the mail was unlawfully taken or obtained; (b) any key he knows or reasonably should know is suited to any lock adopted by the United States Postal Service that provides access to any mail receptacle located in a cluster mailbox unit or other mailbox panel used for the purpose of centralized mail in any neighborhood, including any condominium or apartment complex; or (c) a counterfeit device or key designed to provide access to any lock described in clause (b); or (iii) knowingly, willfully, and with the intent to steal any mail inside damages, opens, removes, injures, vandalizes, or destroys any mail receptacle is guilty of a Class 6 felony.

2025, cc. 128, 132.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-111. Embezzlement deemed larceny; indictment.
A. If any person wrongfully and fraudulently use, dispose of, conceal or embezzle any money, bill, note, check, order, draft, bond, receipt, bill of lading or any other personal property, tangible or intangible, which he shall have received for another or for his employer, principal or bailor, or by virtue of his office, trust, or employment, or which shall have been entrusted or delivered to him by another or by any court, corporation or company, he shall be guilty of embezzlement. Proof of embezzlement shall be sufficient to sustain the charge of larceny. Any person convicted hereunder shall be deemed guilty of larceny and may be indicted as for larceny and upon conviction shall be punished as provided in § 18.2-95 or § 18.2-96.

B. A prosecution for a violation of this section may be had in (i) any place of venue under Article 2 (§ 19.2-244 et seq.) of Chapter 15 of Title 19.2 or (ii) any county or city where the victim of the embezzlement resides.

Code 1950, § 18.1-109; 1960, c. 358; 1975, cc. 14, 15; 1979, c. 349; 1994, c. 555; 2003, c. 733; 2024, c. 475.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-111.1. Repealed.
Repealed by Acts 2004, c. 459.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-111.2. Failure to pay withheld child support; embezzlement.
If any employer withholds money from the pay of his employee for the purpose of paying administrative or court-ordered child support on behalf of the employee and then wrongfully and fraudulently fails to make payment of the money withheld, the employer shall be guilty of embezzlement.

1999, c. 56.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-112. Embezzlement by officers, etc., of public or other funds; default in paying over funds evidence of guilt.
If any officer, agent or employee of the Commonwealth or of any city, town, county, or any other political subdivision, or the deputy of any such officer having custody of public funds, or other funds coming into his custody under his official capacity, knowingly misuse or misappropriate the same or knowingly dispose thereof otherwise than in accordance with law, he shall be guilty of a Class 4 felony; and any default of such officer, agent, employee or deputy in paying over any such funds to the proper authorities when required by law to do so shall be deemed prima facie evidence of his guilt.

Code 1950, § 18.1-110; 1960, c. 358; 1973, c. 15; 1975, cc. 14, 15; 1979, c. 585.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-112.1. Misuse of public assets; penalty.
A. For purposes of this section, "public assets" means personal property belonging to or paid for by the Commonwealth, or any city, town, county, or any other political subdivision, or the labor of any person other than the accused that is paid for by the Commonwealth, or any city, town, county, or any other political subdivision.

B. Any full-time officer, agent, or employee of the Commonwealth, or of any city, town, county, or any other political subdivision who, without lawful authorization, uses or permits the use of public assets for private or personal purposes unrelated to the duties and office of the accused or any other legitimate government interest when the value of such use exceeds $1,000 in any 12-month period, is guilty of a Class 4 felony.

C. Any county, city, or town shall be permitted to adopt a local ordinance that provides that any non-full-time officer, agent, employee, or elected official of the county, city, or town who, without lawful authorization, uses or permits the use of public assets for private or personal purposes unrelated to the duties and office of the accused or any other legitimate government interest when the value of such use exceeds $1,000 in any 12-month period is guilty of a Class 1 misdemeanor.

2008, cc. 738, 755; 2014, c. 321.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-113. Fraudulent entries, etc., in accounts by officers or clerks of financial institutions, joint stock companies or corporations; penalty.
If any officer or clerk of any financial institution, joint stock company or corporation makes, alters or omits to make any entry in any account kept in or by such financial institution, company or corporation, with intent, in so doing, to conceal the true state of such account, or to defraud such financial institution, company or corporation, or to enable or assist any person to obtain money to which he was not entitled, such officer or clerk shall be guilty of a Class 4 felony.

Code 1950, § 18.1-111; 1960, c. 358; 1975, cc. 14, 15; 1996, c. 77; 2003, c. 740.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-114. Repealed.
Repealed by Acts 2004, c. 459.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-114.1. When collection of money by commissioner, etc., larceny.
If any special commissioner or receiver, appointed by any court to collect money, and required by law, or decree of the court, to give bond before collecting the same, shall collect such money, or any part thereof, without giving such bond, and fail properly to account for the same, he shall be deemed guilty of larceny of the money so collected and not so accounted for.

1978, c. 718.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-115. Fraudulent conversion or removal of property subject to lien or title to which is in another.
Whenever any person is in possession of any personal property, including motor vehicles or farm products, in any capacity, the title or ownership of which he has agreed in writing shall be or remain in another, or on which he has given a lien, and such person so in possession shall fraudulently sell, pledge, pawn or remove such property from the premises where it has been agreed that it shall remain, and refuse to disclose the location thereof, or otherwise dispose of the property or fraudulently remove the same from the Commonwealth, without the written consent of the owner or lienor or the person in whom the title is, or, if such writing be a deed of trust, without the written consent of the trustee or beneficiary in such deed of trust, he shall be deemed guilty of the larceny thereof.

In any prosecution hereunder, the fact that such person after demand therefor by the lienholder or person in whom the title or ownership of the property is, or his agent, shall fail or refuse to disclose to such claimant or his agent the location of the property, or to surrender the same, shall be prima facie evidence of the violation of the provisions of this section. In the case of farm products, failure to pay the proceeds of the sale of the farm products to the secured party, lienholder or person in whom the title or ownership of the property is, or his agent, within ten days after the sale or other disposition of the farm products unless otherwise agreed by the lender and borrower in the obligation of indebtedness, note or other evidence of the debt shall be prima facie evidence of a violation of the provisions of this section. The venue of prosecutions against persons fraudulently removing any such property, including motor vehicles, from the Commonwealth shall be the county or city in which such property or motor vehicle was purchased or in which the accused last had a legal residence.

This section shall not be construed to interfere with the rights of any innocent third party purchasing such property, unless such writing shall be docketed or recorded as provided by law.

Code 1950, § 18.1-116; 1960, c. 358; 1975, cc. 14, 15; 1986, c. 484.
Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-115.1. Unlawful sublease of a motor vehicle; penalty.
A. It shall be unlawful for any person, for profit in the course of business, who is not a party to a lease contract, conditional sales contract, or security agreement which transfers any right or interest in a motor vehicle, knowing that the motor vehicle is subject to a lease, security interest or lien, to:

1. Obtain or exercise control over a motor vehicle and sell, transfer, assign, or lease the motor vehicle to another person without the prior written authorization of the secured creditor, lessor, or lienholder if he receives compensation or other consideration for the sale, transfer, assignment, or lease of the motor vehicle; or

2. Assist, cause, or arrange the actual or purported sale, transfer, assignment, or lease of a motor vehicle to another person without the prior written authorization of the secured creditor, lessor, or lienholder if he receives compensation or other consideration for assisting, causing, or arranging the sale, transfer, assignment, or lease of the motor vehicle.

B. A violation of this section is punishable as a Class 3 misdemeanor.

C. This section shall not apply to any employee acting upon request of his employer.

D. This section shall not apply if the entire indebtedness owed under or secured by the lease, conditional sales contract, or security agreement through the date of payment is paid in full and received by the lessor or secured party within thirty days after the sale, transfer, assignment, or lease of the motor vehicle.

1990, c. 844; 1993, c. 608.

Code of Virginia — Title 18.2 (Crimes and Offenses Generally), Chapter 5 (CRIMES AGAINST PROPERTY)
§ 18.2-116. Failure to pay for or return goods delivered for selection or approval.
If any person shall solicit and obtain from any merchant any goods, wares or merchandise for examination or approval, and shall thereafter, upon written demand, refuse or fail to return the same to such merchant in unused condition, or to pay for the same, such person so offending shall be deemed guilty of the larceny thereof. But the provisions of this section shall not apply unless such written demand be made within five days after delivery, and unless the goods, wares or merchandise shall have attached to them or to the package in which they are contained a label, card or tag containing the words, "Delivered for selection or approval."

Code 1950, § 18.1-117; 1960, c. 358; 1975, cc. 14, 15.