Trespassing in Virginia: § 18.2-119 Charges & Outcomes

According to 13,080 public court records from 2025, Trespassing cases across 89 Virginia jurisdictions have an average dismissal rate of 53.3% and an average conviction rate of 42.5%.

Trespassing is one of the most commonly charged property offenses in Virginia's criminal courts. In 2025, 12,019 cases were filed under § 18.2-119 — the core "trespass after having been forbidden" statute — across 125 Virginia jurisdictions. The offense is broader than most people expect: no fence, no sign, and no damage is required. What the statute punishes is entering or staying somewhere after you were told not to. This page explains the statute structure, the classifications and statutory penalties, and what the public court record shows about how these cases resolved.

Types of Trespassing Charges in Virginia

Trespass After Having Been Forbidden (§ 18.2-119)

The base offense, and by far the most commonly charged. Under § 18.2-119, it is a Class 1 misdemeanor — punishable by up to 12 months in jail and a fine of up to $2,500 — to go on or remain on the lands, buildings, or premises of another after being forbidden to do so. The "forbidden" element can be satisfied three ways: oral or written notice from the owner, lessee, custodian, or an authorized agent; posted signs where they may reasonably be seen; or a court order restraining the person from the property. This is the statute behind most "banned from the store," "told to leave and came back," and posted-property cases.

Entering Property to Damage It or Interfere With Its Use (§ 18.2-121)

Under § 18.2-121, entering another person's land, dwelling, or building for the purpose of damaging the property or its contents, or interfering with the owner's or occupant's right to use it, is a Class 1 misdemeanor. Unlike § 18.2-119, this statute turns on intent at the time of entry — no prior warning is required. If the person intentionally selected the property because of the race, religious conviction, color, gender, disability, gender identity, sexual orientation, or ethnic or national origin of the owner, user, or occupant, the charge escalates to a Class 6 felony — 1 to 5 years in prison — with a mandatory term of confinement of at least six months.

Trespass on Church or School Property (§ 18.2-128)

Church and school grounds get their own statute with three tiers. Entering at night without consent from someone authorized to give it, for any purpose other than attending a service or meeting, is a Class 3 misdemeanor (a fine of up to $500). Remaining after being directed to leave, or entering in violation of posted notice, is a Class 1 misdemeanor. And a person other than a parent who violates the section on school property with the intent to abduct a student is guilty of a Class 6 felony. The statute defines school property to include school buses, and "church" to include any place of worship.

Trespass by Hunters and Fishers (§ 18.2-132 and § 18.2-134)

Hunting, fishing, or trapping on another person's lands, waters, ponds, boats, or blinds without the landowner's or agent's consent is a Class 3 misdemeanor under § 18.2-132 — a fine-only offense, up to $500, with no jail exposure. If the property was posted in accordance with § 18.2-134.1, the same conduct without written consent (or the owner's presence) becomes a Class 1 misdemeanor under § 18.2-134. Whether the land was posted is the dividing line between the two.

The Notice Element: What "Forbidden" Means

Most trespassing prosecutions under § 18.2-119 come down to one question: was the person actually forbidden from the property before they entered or stayed? The statute recognizes three forms of notice, and any one of them is enough. A verbal ban from a store manager counts — the statute extends the power to forbid entry to the owner's "custodian" or "other person lawfully in charge" of the property, which is why retail and business bans are enforceable without any paperwork. Written no-trespass letters count. Signs count if they are posted where they may reasonably be seen. And a court order — including an order restraining a person from a specific place — counts on its own.

This is also what separates trespassing from burglary. Virginia's burglary statutes require entry with the intent to commit a further crime inside. Trespass under § 18.2-119 requires no criminal intent beyond the entry itself — being where you were told not to be is the whole offense. That difference is reflected in the penalties: a Class 1 misdemeanor at most, versus felony exposure for burglary.

Court Outcomes for § 18.2-119 in Virginia (2025)

Based on 12,019 § 18.2-119 cases resolved in 2025 across 125 Virginia jurisdictions, the public court record shows:

• Average dismissal rate: 52.7% — includes judicial dismissals and nolle prosequi (prosecutor declining to pursue).
• Average conviction rate: 43.0% — includes convictions on the original charge and on amended charges.
• Median case duration: 84 days from filing to final disposition, with half of all cases resolving between 47 and 161 days.

The smaller trespass statutes show different patterns in the 2025 record: the 1,189 cases filed under § 18.2-121 resolved with a 66.0% dismissal rate, while the 248 hunting-and-fishing trespass cases under § 18.2-132 resolved with a 29.3% dismissal rate and a 60.0% conviction rate. Outcomes vary materially by jurisdiction.

For current jurisdiction-by-jurisdiction data — dismissal rates, conviction rates, and median case durations across all 125 Virginia jurisdictions — see the trespassing jurisdictional outcomes page or the § 18.2-119 statute-anchored data page.

What Happens After a Trespassing Charge

Trespassing cases begin in General District Court, which has original jurisdiction over misdemeanors. The court typically sets an initial hearing within several weeks of the charge being filed. Many cases resolve at the first or second court date — through dismissal, nolle prosequi, a plea to the original charge, or a plea to an amended charge.

The rare felony variants — the hate-crime enhancement under § 18.2-121 and the abduction-intent enhancement under § 18.2-128(B) — begin in General District Court for a preliminary hearing, after which they are certified to Circuit Court for grand jury consideration and trial. Certified felony cases run materially longer than misdemeanor cases.

Across the public record, the most common procedural events on § 18.2-119 cases are continuances, amendments (where the prosecutor agrees to a different charge that better fits the evidence), and dismissals (where the complaining witness elects not to proceed or the evidence is insufficient).

Related Data

• Trespassing — Court Outcomes by Virginia Jurisdiction
• § 18.2-119 — Statute-Anchored Outcome Data
• § 18.2-121 — Statute-Anchored Outcome Data
• Methodology — How These Numbers Are Computed