CHAPTER 256

An Act to amend and reenact § 18-8 of the Code of Virginia, relating to
how attempts to commit offenses punished. rH 493]

Approved March 8, 1952

Be it enacted by the General Assembly of Virginia:

a That § 18-8 of the Code of Virginia be amended and reenacted as
ollows:

§ 18-8. Every person who attempts to commit an offense, and in
such attempt does any act towards its commission, shall, when not other-
wise provided, be punished as follows:

(1) If the offense attempted be punishable with death, the person
making such attempt shall be confined in the penitentiary 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;

(2) If the offense attempted be a noncapital felony, he shall be con-
fined 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;

(3) If the offense attempted 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;

(4) If the offense attempted be a noncapital felony punishable 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, be confined in jail not
exceeding twelve months;

(5) 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 trying the case without a jury, not less than fifteen days nor
more than six months; and

(6) If the attempt be to commit petit larceny, he shall be fined not
less than five dollars nor more than fifty dollars, or be confined in jail
not exceeding fifteen days, either or both in the discretion of the court or
jury trying the case.

Any provision in this section notwithstanding, in no event shall the
punishment for an attempt to commit an offense exceed the maximum
punishment had the offense been committed.