Virginia HB 107: Larceny and certain property crimes; penalties.

Bill Text

2022SESSION
INTRODUCED
22100960D
1 HOUSEBILLNO.107
2 OfferedJanuary12,2022
3 PrefiledJanuary7,2022
4 A BILL to amend and reenact §§ 18.2-23, 18.2-80, 18.2-81, 18.2-95 through 18.2-97, 18.2-102,
5 18.2-103, 18.2-108.01, 18.2-145.1, 18.2-146, 18.2-150, 18.2-152.3, 18.2-162, 18.2-181, 18.2-181.1,
6 18.2-182, 18.2-186, 18.2-186.3, 18.2-187.1, 18.2-188, 18.2-195, 18.2-195.2, 18.2-197, 18.2-340.37,
7 19.2-289, 19.2-290, 19.2-386.16, and 29.1-553 of the Code of Virginia and to amend the Code of
8 Virginia by adding a section numbered 18.2-97.2, relating to larceny and certain property crimes;
9 penalties.
10 ––––––––––
Patron––McGuire
11 ––––––––––
12 ReferredtoCommitteeforCourtsofJustice
13 ––––––––––
14 Be it enacted by the General Assembly of Virginia:
15 1. That §§ 18.2-23, 18.2-80, 18.2-81, 18.2-95 through 18.2-97, 18.2-102, 18.2-103, 18.2-108.01,
16 18.2-145.1, 18.2-146, 18.2-150, 18.2-152.3, 18.2-162, 18.2-181, 18.2-181.1, 18.2-182, 18.2-186,
17 18.2-186.3, 18.2-187.1, 18.2-188, 18.2-195, 18.2-195.2, 18.2-197, 18.2-340.37, 19.2-289, 19.2-290,
18 19.2-386.16, and 29.1-553 of the Code of Virginia are amended and reenacted and that the Code of
19 Virginia is amended by adding a section numbered 18.2-97.2 as follows:
20 §18.2-23. Conspiring to trespass or commit larceny.
21 A. If any person shall conspire, confederate or combine with another or others in the Commonwealth
22 to go upon or remain upon the lands, buildings or premises of another, or any part, portion or area
23 thereof, having knowledge that any of them have been forbidden, either orally or in writing, to do so by
24 the owner, lessee, custodian or other person lawfully in charge thereof, or having knowledge that any of
25 them have been forbidden to do so by a sign or signs posted on such lands, buildings, premises or part,
26 portion or area thereof at a place or places where it or they may reasonably be seen, he shall be deemed
27 guilty of a Class 3 misdemeanor.
28 B. If any person shall conspire, confederate or combine with another or others in the Commonwealth
29 to commit larceny or counsel, assist, aid or abet another in the performance of a larceny, where the
30 aggregate value of the goods or merchandise involved is $1,000 $500 or more, he is guilty of a felony
31 punishable by confinement in a state correctional facility for not less than one year nor more than 20
32 years. The willful concealment of goods or merchandise of any store or other mercantile establishment,
33 while still on the premises thereof, shall be prima facie evidence of an intent to convert and defraud the
34 owner thereof out of the value of the goods or merchandise. A violation of this subsection constitutes a
35 separate and distinct felony.
36 C. Jurisdiction for the trial of any person charged under this section shall be in the county or city
37 wherein any part of such conspiracy is planned, or in the county or city wherein any act is done toward
38 the consummation of such plan or conspiracy.
39 §18.2-80. Burning or destroying any other building or structure.
40 If any person maliciously, or with intent to defraud an insurance company or other person, burn, or
41 by the use of any explosive device or substance, maliciously destroy, in whole or in part, or cause to be
42 burned or destroyed, or aid, counsel or procure the burning or destruction of any building, bridge, lock,
43 dam or other structure, whether the property of himself or of another, at a time when any person is
44 therein or thereon, the burning or destruction whereof is not punishable under any other section of this
45 chapter, he shall be guilty of a Class 3 felony. If he commits such offense at a time when no person is
46 in such building, or other structure, and such building, or other structure, with the property therein, be of
47 the value of $1,000 $500 or more, he shall be guilty of a Class 4 felony, and if it and the property
48 therein be of less value, he shall be guilty of a Class 1 misdemeanor.
49 §18.2-81. Burning or destroying personal property, standing grain, etc.
50 If any person maliciously, or with intent to defraud an insurance company or other person, set fire to
51 or burn or destroy by any explosive device or substance, or cause to be burned, or destroyed by any
52 explosive device or substance, or aid, counsel, or procure the burning or destroying by any explosive
53 device or substance, of any personal property, standing grain or other crop, he shall, if the thing burnt or
54 destroyed be of the value of $1,000 $500 or more, be guilty of a Class 4 felony; and if the thing burnt
55 or destroyed be of less value, he shall be guilty of a Class 1 misdemeanor.
56 §18.2-95. Grand larceny defined; how punished.
57 Any person who (i) commits larceny from the person of another of money or other thing of value of
58 $5 or more, (ii) commits simple larceny not from the person of another of goods and chattels of the
INTRODUCED
HB107
7/28/22
21:23

HB107 2of8
59 value of $1,000 $500