Chap. 25.—An ACT to amend and re-enact section 4767 of the Code of Virginia,
as heretofore amended, relating to how attempts to commit offenses punished.
[H B 14]

Approved February 17, 1936

1. Be it enacted by the General Assembly of Virginia, That section
forty-seven hundred and sixty-seven of the Code of Virginia, as here-
tofore amended, be amended and re-enacted so as to read as follows:

Section 4767. How attempts to commit offenses punished—Every
person who attempts to commit an offense, and in such attempt does
any act towards its commission, shall, when not otherwise provided, be
punished as follows: If the offense attempted be punishable with
death, the person making such attempt shall be confined in the peniten-
tiary not less than one nor more than ten years, except that attempts
to commit rape, other than rape not punishable with death, shall be
punishable with death, or in the discretion of the jury, or the court
trying the case without a jury, by confinement in the penitentiary for
life or for any term not less than three years; if the offense attempted
be a non-capital felony, he shall be confined in the penitentiary not less
than one nor more than five years, or in the discretion of the jury or
the judge trying the case, be confined in jail not to exceed twelve
months; if it be punishable by confinement in jail or fine, he shall be
confined in jail not exceeding six months or fined not exceeding one
hundred dollars; if the offense attempted be a non-capital felony pun-
ishable by confinement in the penitentiary for a period of less than
five years, he shall be confined in the penitentiary for a period of one
year, or, in the discretion of the jury or the judge trying the case, by
confinement in jail not exceeding twelve months; if the attempt be
to commit grand larceny, he shall be fined not exceeding fifty dollars
or imprisoned in jail, in the discretion of the jury, or of the court try-
ing the case without a jury, not less than fifteen days nor more than
six months; but if the attempt be to commit petit larceny, he shall be
fined not less than five dollars nor more than fifty dollars, or by con-
finement in jail not exceeding fifteen days, either or both in the dis-
cretion of the court or jury trying the case.