HB769 • 2026

Damage or trespass to public services or utilities or critical infrastructure; penalties.

<p class=ldtitle>A BILL to amend and reenact § 18.2-162 of the Code of Virginia, relating to damage or trespass to public services or utilities or critical infrastructure; penalties.</p>

Crime

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Herring
Last action: 2026-02-13
Official status: Incorporated
Effective date: Not listed

Plain English Breakdown

The official source material does not provide a definition for critical infrastructure, only references to existing definitions in other laws.

Penalties for Damaging Public Services and Critical Infrastructure

This law makes it a crime to damage or destroy equipment used for public services, utilities, or critical infrastructure, with penalties based on the severity of the damage.

What This Bill Does

Adds new rules to punish people who intentionally damage or destroy equipment that provides essential services like electricity, water, and internet.
Makes it a felony crime if someone's actions could cause dangerous materials to be released, harming others.
Requires security personnel at electric generating properties to detain trespassers for up to an hour until police arrive.

Who It Names or Affects

People who damage or destroy equipment used in public services and utilities.
Security personnel at electric generating properties.

Terms To Know

Critical Infrastructure: Important systems that provide essential services to the community, like electricity, water, internet, and more.
Felony: A serious crime that can lead to a long prison sentence.

Limits and Unknowns

The exact financial impact on state correctional facilities cannot be determined.
Details about how the law will affect juvenile justice are not clear.

Bill History

2026-02-13 Courts of Justice
Incorporated by Courts of Justice (HB317-Pope Adams) (Voice Vote)
2026-02-11 Criminal
Subcommittee recommends incorporating (Voice Vote)
2026-02-10 Criminal
Assigned HCJ sub: Criminal
2026-01-20 House
Fiscal Impact Statement from State Corporation Commission (HB769)
2026-01-14 House
Fiscal Impact statement From VCSC (1/14/2026 9:14 am)
2026-01-13 House
Prefiled and ordered printed; Offered 01-14-2026 26103558D
2026-01-13 Courts of Justice
Referred to Committee for Courts of Justice

Official Summary Text

Damage or trespass to public services or utilities or critical infrastructure; penalties.
Adds the intentional destruction of or damage to any fixture, equipment, or information technology system that is used to provide, process, transmit, or maintain public services, public utilities, or other critical infrastructure, as defined in relevant law, to the existing offense of damage or trespass to public services or utilities. The bill contains technical amendments.

Current Bill Text

Read the full stored bill text

A BILL to amend and reenact §
18.2-162
of the Code of Virginia, relating to damage or trespass to public services or utilities or critical infrastructure; penalties.

Be it enacted by the General Assembly of Virginia:

1. That §
18.2-162
of the Code of Virginia is amended and reenacted as follows:

§
18.2-162
. Damage or trespass to public services or utilities or critical infrastructure; penalties.

Any person who shall intentionally destroy or damage any facility
which
, fixture
, equipment, or information technology system
that
is used to
provide, process, transmit,
furnish
, or maintain
oil,
telegraph,
telephone, electric, gas, sewer, wastewater
,
or water service to the public
or other critical infrastructure, as defined in §
44-146.28:2
,
shall be
is
guilty of a Class 4 felony, provided that in the event that the destruction or damage may be remedied or repaired for less than $1,000 such act shall constitute a Class 3 misdemeanor. On electric generating property marked with no trespassing signs, the security personnel of a utility may detain a trespasser for a period not to exceed one hour pending arrival of a law-enforcement officer.

Notwithstanding any other provisions of this title, any person who shall intentionally destroy or damage, or attempt to destroy or damage, any such facility
, fixture
, equipment
, information technology system,
or material connected therewith, the destruction or damage of which might, in any manner, threaten the release of radioactive materials or ionizing radiation beyond the areas in which they are normally used or contained,
shall be
is
guilty of a Class 4 felony, provided that in the event the destruction or damage results in the death of another due to exposure to radioactive materials or ionizing radiation, such person
shall be
is
guilty of a Class 2 felony; provided further, that in the event the destruction or damage results in injury to another, such person
shall be
is
guilty of a Class 3 felony.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §
30-19.1:4
of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 725 of the Acts of Assembly of 2025 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to §
30-19.1:4
of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.