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18.2-90 - Entering dwelling house, etc., with intent to commit murder, rape, robbery or arson; penalty.

§ 18.2-90. Entering dwelling house, etc., with intent to commit murder, rape,robbery or arson; penalty.

If any person in the nighttime enters without breaking or in the daytimebreaks and enters or enters and conceals himself in a dwelling house or anadjoining, occupied outhouse or in the nighttime enters without breaking orat any time breaks and enters or enters and conceals himself in any buildingpermanently affixed to realty, or any ship, vessel or river craft or anyrailroad car, or any automobile, truck or trailer, if such automobile, truckor trailer is used as a dwelling or place of human habitation, with intent tocommit murder, rape, robbery or arson in violation of §§ 18.2-77, 18.2-79 or§ 18.2-80, he shall be deemed guilty of statutory burglary, which offenseshall be a Class 3 felony. However, if such person was armed with a deadlyweapon at the time of such entry, he shall be guilty of a Class 2 felony.

(Code 1950, § 18.1-88; 1960, c. 358; 1970, c. 381; 1975, cc. 14, 15; 1985, c.110; 1992, c. 546; 1997, c. 832; 2004, c. 842.)

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