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VIRGINIA STATUTES AND CODES

18.2-77 - Burning or destroying dwelling house, etc.

§ 18.2-77. Burning or destroying dwelling house, etc.

A. If any person maliciously (i) burns, or by use of any explosive device orsubstance destroys, in whole or in part, or causes to be burned or destroyed,or (ii) aids, counsels or procures the burning or destruction of any dwellinghouse or manufactured home whether belonging to himself or another, or anyoccupied hotel, hospital, mental health facility, or other house in whichpersons usually dwell or lodge, any occupied railroad car, boat, vessel, orriver craft in which persons usually dwell or lodge, or any occupied jail orprison, or any occupied church or occupied building owned or leased by achurch that is immediately adjacent to a church, he shall be guilty of afelony, punishable by imprisonment for life or for any period not less thanfive years and, subject to subdivision g of § 18.2-10, a fine of not morethan $100,000. Any person who maliciously sets fire to anything, or aids,counsels or procures the setting fire to anything, by the burning whereofsuch occupied dwelling house, manufactured home, hotel, hospital, mentalhealth facility or other house, or railroad car, boat, vessel, or rivercraft, jail or prison, church or building owned or leased by a church that isimmediately adjacent to a church, is burned shall be guilty of a violation ofthis subsection.

B. Any such burning or destruction when the building or other place mentionedin subsection A is unoccupied, shall be punishable as a Class 4 felony.

C. For purposes of this section, "church" shall be defined as in § 18.2-127.

(Code 1950, § 18.1-75; 1960, c. 358; 1975, cc. 14, 15; 1977, c. 63; 1978, c.443; 1993, c. 406; 1997, c. 832.)

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