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.
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
§ 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.
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