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1997 SESSION
973367843Patrons-- Schrock, Bolling, Hanger, Hawkins, Lambert, Martin, Newman, Stolle, Stosch and Wampler
Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-90 and 18.2-91 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-90. Entering dwelling house, etc., with intent to commit murder, rape , robbery or arson.
If any person in the nighttime enters without breaking or in the daytime breaks
and enters or enters and conceals himself in a dwelling house or an adjoining,
occupied outhouse or in the nighttime enters without breaking or at any time
breaks and enters or enters and conceals himself in any office, shop,
manufactured home, storehouse, warehouse, banking house, church or church
property as defined in § 18.2-127, or other
house, or any ship, vessel or river craft or any railroad car, or any
automobile, truck or trailer, if such automobile, truck or trailer is used as a
dwelling or place of human habitation, with intent to commit murder, rape
or , robbery or arson in violation of §§
18.2-77, 18.2-79 or 18.2-80, he shall be deemed guilty of statutory
burglary, which offense shall be a Class 3 felony. However, if such person was
armed with a deadly weapon at the time of such entry, he shall be guilty of a
Class 2 felony.
§ 18.2-91. Entering dwelling house, etc., with intent to commit larceny, assault and battery or other felony.
If any person commits any of the acts mentioned in § 18.2-90 with intent
to commit larceny, or any felony other than murder, rape or ,
robbery or arson in violation of §§ 18.2-77, 18.2-79 or
18.2-80, or if any person commits any of the acts mentioned in §
18.2-89 or § 18.2-90 with intent to commit assault and battery, he shall
be guilty of statutory burglary, punishable by confinement in a state
correctional facility for not less than one or more than twenty years or, in
the discretion of the jury or the court trying the case without a jury, be
confined in jail for a period not exceeding twelve months or fined not more
than $2,500, either or both. 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.
2. That the provisions of this act may result in a net increase in periods of imprisonment in state correctional facilities. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $ 62,500.