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onenote

(46,103 posts)
30. In Virginia that would be the simple crime of trespass, a misdemeanor
Thu Feb 23, 2012, 08:02 AM
Feb 2012

If any person without authority of law goes upon or remains upon the lands, buildings or premises of another, or any portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian, or the agent of any such person, or other person lawfully in charge thereof, or after having been forbidden to do so by a sign or signs posted by or at the direction of such persons or the agent of any such person or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises or portion or area thereof at a place or places where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.2 through 16.1-278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.8, 19.2-152.9 or § 19.2-152.10 or an ex parte order issued pursuant to § 20-103, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor. This section shall not be construed to affect in any way the provisions of §§ 18.2-132 through 18.2-136.

I know it seems like a gap in the law that is nothing in between simple misdemeanor and forcibly entering a dwelling without the intent to commit any other offense but that's the way it is under the Virginia criminal code.

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That is a victory for the defense in this case. n/t Inspired Feb 2012 #1
Not really. LisaL Feb 2012 #2
True but I bet they are celebrating anything less than a 1st degree conviction. Inspired Feb 2012 #4
Whether they will celebrate or not depends on what kind of time in prison he gets. LisaL Feb 2012 #5
Was Murder One the top charge? rocktivity Feb 2012 #14
They wanted murder one Nancy Waterman Feb 2012 #38
They should have done a plea deal for it, then rocktivity Feb 2012 #40
George Huguely is the 5th George Huguely in his family line alp227 Feb 2012 #3
If this guy serves 5 yrs I will be surprised. He'll get some easy place to stay. Watch. Money southernyankeebelle Feb 2012 #6
He has already served 20-some months, RebelOne Feb 2012 #9
He is facing up to sixty years. LisaL Feb 2012 #10
I hope the judge runs the sentences consecutively rocktivity Feb 2012 #16
Gee, wonder if daddy's wealth had anything to do with it. southernyankeebelle Feb 2012 #19
Jury has recommended 26 years. onenote Feb 2012 #24
So he'll do, what 13 if he's good? And he has already done a year and a half or so. MADem Feb 2012 #29
Virginia abolished parole in 1995 onenote Feb 2012 #31
I've just never been a fan of brutal murder, is all. I'm funny like that. NT MADem Feb 2012 #32
I'm not a fan of it either. But I also believe that justice should be tempered onenote Feb 2012 #35
You'll be surprised. onenote Feb 2012 #25
He deserves the death penalty, mia Feb 2012 #7
The death penalty wasn't under consideration obamanut2012 Feb 2012 #12
and you know that based on what? onenote Feb 2012 #23
Some people love to play judge, jury, and executioner a2liberal Feb 2012 #28
No surprise. Rich boy gets at least adequate legal help. underpants Feb 2012 #8
I think that's absolutely correct. Comrade Grumpy Feb 2012 #13
They really didn't do much in court from what I have read underpants Feb 2012 #18
Thank god he is finally out of that lacrosse ghetto! Tom Ripley Feb 2012 #11
Message deleted by the DU Administrators sdghjtyjty Feb 2012 #15
This message was self-deleted by its author rocktivity Feb 2012 #17
In a police interrogation video viewed by jurors, Huguely said rocktivity Feb 2012 #20
he was charged with breaking and entering onenote Feb 2012 #26
The article describes statutory burglarly as being "WITH INTENT to commit assault and battery." rocktivity Feb 2012 #27
In Virginia that would be the simple crime of trespass, a misdemeanor onenote Feb 2012 #30
But simple trespass doesn't mention either force or damage to property. rocktivity Feb 2012 #36
Apparently he put his foot through the door. MADem Feb 2012 #34
That kind of thing can happen to anyone rocktivity Feb 2012 #21
And in the back too, amIright? They must have been retreating through the kitchen..... PavePusher Feb 2012 #22
That was funny, that exchange! MADem Feb 2012 #33
Wow...And this is a state that is orgasmic over sending people to the electric chair Blue_Tires Feb 2012 #37
Poster above said Virginia abolished parole in the 1990's Nancy Waterman Feb 2012 #39
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