Chap. 366.—An ACT to amend and re-enact sections 4428, 4430, 4431, 4432, 4433
and 4436 of the Code of Virginia, relating to arson and malicious burning of
property, and the punishment therefor. [S B 176]

Approved March 26, 1932

I. Be it enacted by the general assembly of Virginia, That sections
forty-four hundred and twenty-eight, forty-four hundred and thirty,
forty-four hundred and thirty-one, forty-four hundred and thirty-two,
forty-four hundred and thirty-three and forty-four hundred and thirty-
six, be amended and re-enacted to read as follows:

Section 4428. Burning or destroying dwelling house, et cetera, at
night.—If any person, in the night time, maliciously burn, or by the use
of dynamite, or nitro-glycerine, or any other explosive substance,
maliciously destroy, in whole or in part, or cause to be burned or de-
stroyed, or aid, counsel or procure the burning or destruction of any
(the) dwelling house (of another), whether the property of himself
or of another, or any hotel, asylum, or other house in which persons
usually dwell or lodge, or any railroad car, boat, or vessel, or river
craft, in which persons usually dwell or lodge, or any jail or prison,
or maliciously set fire to anything or cause to be set on fire, or aid,
counsel or procure the setting fire to anything by the burning whereof
such dwelling house, hotel, asylum, or other house, or railroad car,
boat, vessel or river craft, jail or prison, shall be burned in the night
time, he shall be guilty of arson and he shall be punished with death,
or in the discretion of the jury, by confinement in the penitentiary not
less than five nor more than twenty years, but if the jury find that at
the time of committing the offense there was no person in such dwelling
house, hotel, asylum, or other house, or in such railroad car, boat.
vessel, or river craft, jail or prison, the offender shall be punished by
confinement in the penitentiary not less than five nor more than twenty
years. Any such burning or destruction in the day time shall be
punished by confinement in the penitentiary not less than three nor
more than ten years. And if any person in the night time maliciously
burn, or by the use of dynamite, or nitro-glycerine, or any other ex-
plosive substance, destroy or cause to be burned or destroyed, or aid,
counsel or procure the burning or destruction of any barn, stable, shed,
or other building containing livestock, whether such building be the
property of himself or of another, the livestock being in the building
at the time of the burning or destruction, he shall be punished by con-
finement in the penitentiary not less than three nor more than ten years.

Section 4430. Burning or destroying meeting house, courthouse,
college, schoolhouse, et cetera; how punished.—If{f any person mali-
ciously burn, or by the use of dynamite, or nitro-glycerine, or any other
explosive substance, maliciously destroy, in whole or in part, or cause
to be burned or destroyed, or aid, counsel, procure the burning or
destroying of any meeting house, courthouse, town house, college,
academy, schoolhouse or other building erected for public use (except
an asylum, hotel, jail or prison), or any banking house, warehouse,
storehouse, manufactory, mill, or other house, whether the property
of himself or of another person, not usually occupied by persons lodg-
ing therein at night, at a time when any person is therein, or if he mali-
ciously set fire to anything, or cause to be set on fire, or aid, counsel,
or procure the setting on fire of anything, by the burning whereof any
building mentioned in this section shall be burned, at a time when any
person is therein, he shall be confined in the penitentiary not less than
three nor more than fifteen years. If such offense be committed when
no person is in such building mentioned in this section, the offender
shall be punished by confinement in the penitentiary not less than two
nor more than ten years.

Section 4431. Burning piles of wood, stacks of straw, et cetera;
how punished.—If any person maliciously set fire to or burn, or cause
to be burned, or aid, counsel, or procure the burning of any pile or
parcel of wood, boards, or other lumber, or any pile or parcel of coal
or other fuel; or any barn, stable, garage, corn-house, tobacco-house,
or other building, not a parcel of a dwelling-house, whether the prop-
erty of himself or of another; or any stack of wheat or other grain, or
of fodder, straw, or hay, or any field of standing hay or grain of any
kind; or any street car, railroad car, ship, boat, or other watercraft,
other than such as are mentioned in section four thousand, four hun-
dred and twenty-eight of the Code of Virginia, automobile or other
motor vehicle; or any other personal property not herein’ specifically
named, he shall, if the thing burnt, with the property therein, be of the
value of one hundred dollars or more, be confined in the penitentiary
not less than three nor more than ten years; and if the thing burnt with
the property therein be of less value he shall be confined not less than
two years nor more than five years. ,

Section 4432. Burning or destroying any other building; how
punished.—If any person maliciously burn, or by the use of dynamite
or nitro-glycerine, or any other explosive substance, maliciously de-
stroy, in whole or in part, or cause to be burned or destroyed, or aid,
counsel or procure the burning or destruction of any building, whether
the property of himself or of another, at a time when any person is
therein, the burning or destruction whereof is not punishable under
any other section of this chapter, he shall be confined in the pen-
itentiary not less than three nor more than fifteen years. If he commit
such offense at a time when no person is in such building, and such
building, with the property therein be of the value of one hundred
dollars, or more, he shall be confined in the penitentiary not less than
two nor more than ten years, and if it and the property therein be of
less value, he shall be confined in the penitentiary not less than one
year nor more than five years.

Section 4433. Burning or destroying bridge, lock, or dam; how
punished.—If any person maliciously burn, or by the use of dynamite,
or nitro-glycerine, or any other explosive substance, or by other means,
maliciously destroy, in whole or in part, or cause to be burned or de-
stroyed, or aid, counsel, or procure the burning or destruction of any
bridge, lock, or dam, he shall be confined in the penitentiary not less
than one year nor more than ten years.

Section 4436. Willful burning of property with intent to injure
insurer; how punished.—If any person willfully set fire to or burn, or
cause to be burned, or aid, counsel or procure the burning of any
building, or any goods or chattels, which at the time are insured against
loss or damage by fire, with intent to injure the insurer, whether such
person be the owner of the property or not, he shall be confined in the
penitentiary not less than two nor more than ten years.