18.2-91 - Entering dwelling house, etc., with intent to commit larceny, assault and battery or other 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 tocommit larceny, or any felony other than murder, rape, robbery or arson inviolation of §§ 18.2-77, 18.2-79 or § 18.2-80, or if any person commits anyof the acts mentioned in § 18.2-89 or § 18.2-90 with intent to commit assaultand battery, he shall be guilty of statutory burglary, punishable byconfinement in a state correctional facility for not less than one or morethan twenty years or, in the discretion of the jury or the court trying thecase without a jury, be confined in jail for a period not exceeding twelvemonths or fined not more than $2,500, either or both. However, if the personwas armed with a deadly weapon at the time of such entry, he shall be guiltyof a Class 2 felony.

(Code 1950, § 18.1-89; 1960, c. 358; 1962, c. 505; 1970, c. 381; 1975, cc.14, 15, 602; 1991, c. 710; 1992, c. 486; 1996, c. 1040; 1997, c. 832.)