Virginia Code 10.1-1004: Vandalism; penalties
A. It shall be unlawful for any person, without express, prior, written permission of the owner, to:
Attorney's Note
Under the Virginia Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 12 months | up to $2,500 |
Terms Used In Virginia Code 10.1-1004
- cave: includes or is synonymous with cavern, sinkhole, natural pit, grotto, and rock shelter. See Virginia Code 10.1-1000
- Gate: means any structure or device located to limit or prohibit access or entry to any cave. See Virginia Code 10.1-1000
- Material: means all or any part of any archaeological, paleontological, biological, or historical item including, but not limited to, any petroglyph, pictograph, basketry, human remains, tool, beads, pottery, projectile point, remains of historical mining activity or any other occupation found in any cave. See Virginia Code 10.1-1000
- Owner: means a person who owns title to land where a cave is located, including a person who owns title to a leasehold estate in such land, and including the Commonwealth and any of its agencies, departments, boards, bureaus, commissions, or authorities, as well as counties, municipalities, and other political subdivisions of the Commonwealth. See Virginia Code 10.1-1000
- Person: means any individual, partnership, firm, association, trust, or corporation or other legal entity. See Virginia Code 10.1-1000
1. Break, break off, crack, carve upon, write, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the surfaces of any cave or any natural material which may be found therein, whether attached or broken, including speleothems, speleogens, and sedimentary deposits. The provisions of this section shall not prohibit minimal disturbance for scientific exploration.
2. Break, force, tamper with, or otherwise disturb a lock, gate, door, or other obstruction designed to control or prevent access to any cave, even though entrance thereto may not be gained.
3. Remove, deface, or tamper with a sign stating that a cave is posted or citing provisions of this chapter.
4. Excavate, remove, destroy, injure, deface, or in any manner disturb any burial grounds, historic or prehistoric resources, archaeological or paleontological site or any part thereof, including relics, inscriptions, saltpeter workings, fossils, bones, remains of historical human activity, or any other such features which may be found in any cave, except those caves owned by the Commonwealth or designated as Commonwealth archaeological sites or zones, and which are subject to the provisions of the Virginia Antiquities Act (§ 10.1-2300 et seq.).
B. Entering or remaining in a cave which has not been posted by the owner shall not by itself constitute a violation of this section.
C. Any violation of this section shall be punished as a Class 1 misdemeanor.
D. The provisions of this section shall not apply to an owner of a cave on his own property.
1979, c. 252, § 10-150.13; 1982, c. 81; 1988, c. 891.