Chap. 443.—An ACT to amend and re-enact section 4414 of the Code of Virginia,
and to repeal an act entitled an act to amend and re-enact section 3680 of the
Code of Virginia, as heretofore amended, approved February 28, 1918.

(H B 177)
Approved March 21, 1924.

‘1. Be it enacted by the general assembly of Virginia, That section
forty-four hundred and fourteen of the Code of Virginia be amended
and re-enacted so as to read as follows:

Section 4414. Rape; carnal knowledge of a child under sixteen
vears of age, or a lunatic; or an inmate or pupil of an institution for deaf,
dumb, blind, feeble-minded, or epileptic persons; how punished.—If any
person carnally know a female of sixteen years of age or more against
her will, by foree, or carnally know a female child under that age or a
female inmate of any hospital for the insane, who has been adjudged a
lunatic, or any female who is an inmate or pupil of an institution for
deaf, dumb, blind, feeble-minded, or epileptic persons, he shall, in the
‘discretion of the court or jury be punished with death, or confinement in
the penitentiary for life, or for any term not less than five years. But
if such female child be between the ages of fourteen and sixteen years
and not an inmate or pupil of such institutions hereinbefore mentioned,
and consents to the carnal knowledge, the punishment shall be confine-
ment in the penitentiary not less than one nor more than twenty years.

If the carnal knowledge be with the consent of the female between
the ages of fourteen and sixteen years, and the female be not an inmate
of such institution as heretofore mentioned, the subsequent marnage
may be pleaded to any indictment found against accused; whereupon,
the court, upon proof of such marriage, and that the parties are living
together as man and wife, and that the accused has properly provided
for, supported, and maintained and is at the time properly providing,
supporting and maintaining the wife and the issue of such marriage, if
any, shall continue the case from time to time and from term to term,
until the wife shall arrive at the age of sixteen years, and thereupon the
court shall dismiss the indictment already found against accused, for
the aforesaid offense; but should the husband desert said wife before
she shall attain to the age of sixteen years without just cause, any in-
dictment found against him for said offense shall be tried without regard
to the number of times the case shall have been continued, and whether
such continuance be entered upon the order book or not.