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1996 SESSION

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CHAPTER 1040 An Act to amend and reenact § 18.2-91 of the Code of Virginia, relating to breaking and entering with intent to commit assault and battery; penalty. [H 1543] Approved April 17, 1996

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-91 of the Code of Virginia is amended and reenacted as follows:

§ 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, assault and battery or any felony other than murder, rape or robbery, 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.