CHAPTER 358

An Act to revise, rearrange, amend and recodify the general laws of Vir-
ginta relating to crimes and offenses generally; to that end to repeal
Title 18 of the Code of Virginia, which title includes Chapters 1 to 11
and §§ 18-1 to 18-366, inclusive, of the Code of Virginia, as amended,
which title relates to crimes and offenses generally; to amend the Code
of Virginia by adding thereto in lieu of the foregoing title, chapters
and sections of the Code repealed by this act a new title numbered 18.1,
which title includes eight new chapters numbered 1 to 8, both inclusive,
and new sections numbered §§ 18.1-1 to 18.1-429, both inclusive, re-
lating to crimes and offenses generally; to prescribe when such re-
vision and recodification shall become effective; and to repeal all acts
and parts of acts in conflict with the provisions of this act. 343

Approved March 30, 1960

Be it enacted by the General Assembly of Virginia:

1. That Title 18 of the Code of Virginia, which title includes Chapters
1 to 11 and §§ 18-1 to 18-366, inclusive, of the Code of Virginia, as amended,
is repealed.

2. That the Code of Virginia be amended by adding thereto, in lieu of
the title, chapters and sections of the Code of Virginia herein repealed, a
new title numbered 18.1, eight new chapters numbered 1 to 8, both in-
clusive, and new sections numbered 18.1-1 to 18.1-429, both inclusive,
which new title, chapters and sections are as follows:

CHAP. 1
GENERAL PROVISIONS

ARTICLE 1
TRANSITION PROVISIONS

§ 18.1-1. All acts and parts of acts, all sections of this Code, and all
provisions of municipal charters, inconsistent with the provisions of this
title, are, except as herein otherwise provided, repealed to the extent of
such inconsistency.

§ 18.1-2. The repeal of Title 18 effective as of July 1, 1960, shall not
affect any act or offense done or committed, or any penalty or forfeiture
incurred, or any right established, accrued or accruing on or before such
date, or any prosecution, suit or action pending on that day. Except as
herein otherwise provided, neither the repeal of Title 18 nor the enactment
of this title shall apply to offenses committed prior to July 1, 1960, and
prosecutions for such offenses shall be governed by the prior law, which is
continued in effect for that purpose. For the purposes of this section, an
offense was committed prior to July 1, 1960, if any of the essential elements
of the offense occurred prior thereto.
§ 18.1-8. Any notice given, recognizance taken, or process or writ
issued before July 1, 1960, shall be valid although given, taken or to be
returned to a day after such date, in like manner as if this title had been
effective before the same was given, taken or issued.

§ 18.1-4. Whenever in this title any of the conditions, requirements,
provisions or contents of any section, article or chapter of Titles 18 and
19, as such titles existed prior to July 1, 1960, are transferred in the same
or in modified form to a new section, article or chapter of this title or of
Title 19.1 and whenever any such former section, article or chapter is
given a new number in this title or in Title 19.1 all references to any such
former section, article or chapter of Title 18 or of Title 19 appearing else-
where in this Code than in this title or in Title 19.1 shall be construed to
apply to the new or renumbered section, article or chapter containing such
conditions, requirements, provisions or contents or portions thereof.

ARTICLE 2
PROVISIONS OF A GENERAL NATURE

§ 18.1-5. In the construction of this title, and of each section thereof,
the rules of construction set forth in Chapter 2 of Title 1 of this Code
shall be observed, unless such construction would be inconsistent with the
manifest intent of the General Assembly.

The word “court” as used in this title, unless otherwise clearly indi-
cated by the context in which it appears, shall mean and include any court
vested with appropriate jurisdiction under the Constitution and laws of
this Commonwealth.

The word “judge” as used in this title, unless otherwise clearly in-
dicated by the context in which it appears, shall mean and include any
judge, associate judge or substitute judge, or police justice, of any court.

The words “motor vehicle’, “‘semitrailer’’, ‘‘trailer’’ and “vehicle” as
used in this chapter shall have the respective meanings assigned to them
by § 46.1-1 of this Code. .

§ 18.1-6. Offenses are either felonies or misdemeanors. Such offenses
as are punishable with death or confinement in the penitentiary are
felonies; all other offenses are misdemeanors.

§ 18.1-7. The commission of a felony shall not stay or merge any civil
remedy.

§ 18.1-8. A common law offense, for which punishment is prescribed
by statute, shall be punished only in the mode so prescribed.

§ 18.1-9. A misdemeanor for which no punishment or no maximum
punishment is prescribed by statute shall be punished by fine not exceeding
five hundred dollars or confinement in jail not exceeding twelve months,
or both, in the discretion of the jury or of the court trying the case with-
out a jury.

§ 18.1-10. No crime shall be punished with death unless it be au-
thorized by statute.

ARTICLE 3
PARTIES TO OFFENSES

§ 18.1-11. In the case of every felony, every principal in the second
degree and every accessory before the fact may be indicted, tried, con-
victed and punished in all respects as if a principal in the first degree,
and every accessory after the fact shall be confined in jail not more than
one year and fined not exceeding one thousand dollars.

§ 18.1-12. No person in the relation of husband or wife, parent or
grandparent, child or grandchild, brother or sister, by consanguinity or
affinity, or servant to the offender, who, after the commission of a felony,
shall aid or assist a principal felon or accessory before the fact to avoid
or escape from prosecution or punishment, shall be deemed an accessory
after the fact.

§ 18.1-13. An accessory, either before or after the fact, may, whether
the principal felon be convicted or not, or be amenable to justice or not,
be indicted, tried, convicted and punished in the county or corporation in
which he became accessory, or in which the principal felon might be in-
dicted. Any such accessory before the fact may be indicted either with
such principal or separately.

§ 18.1-14. Any person eighteen years of age or older, including the
parent of any child, who shall cause or encourage any child under the age
of eighteen years to commit any misdemeanor, or who shall send or cause
any such child to go into any place for an unlawful purpose, or who shall
in any way subject any such child to vicious or immoral influences, or who
shall induce, cause, encourage or contribute toward the dependency, neglect
or delinquency of any such child, shall be guilty of a misdemeanor; but
when the offense consists of having or attempting to have intercourse with
any female child under the age of eighteen years, the fact that such female
was not of previous chaste character or had been married may be shown
in mitigation. This section shall not be construed as repealing, modifying
or in any way affecting §§ 18.1-11, 18.1-41, 18.1-44, 18.1-45, and 18.1-196.

§ 18.1-15. If any person shall conspire or confederate or combine with
another in the State to murder, rape, rob or abduct any person or to commit
arson or burglary, either within or without the State, he shall be guilty
of a felony and shall be confined in the penitentiary for a period of not
less than one nor more than twenty years; provided, however, that any
person who shall conspire or confederate or combine with another in this
State to abduct any person may, in the discretion of the jury or the court
trying the case without a jury, be confined in jail for not more than twelve
months or fined not more than one thousand dollars, either or both; pro-
vided, further, that any parent who shall conspire or confederate or com-
bine with another to commit abduction punishable as a misdemeanor under
§ 18.1-37 shall be guilty of a misdemeanor. If any person shall con-
spire or confederate or combine with another in the State to break and
enter or maliciously burn any building, either within or without the State,
he shall be guilty of a felony and shall be confined in the penitentiary for
a period of not less than one nor more than ten years. Jurisdiction for the
trial of any such person shall be in the county or city wherein any part of
such conspiracy is planned or in the county or city wherein any act is done
toward the consummation of such plan or conspiracy.

§ 18.1-15.1. If any person shall conspire, confederate or combine with
another or others in this State to go upon or remain upon the lands, build-
ings or premises of another, or any part, portion or area thereof, having
knowledge that any of them have been forbidden, either orally or in
writing, to do so by the owner, lessee, custodian or other person lawfully
in charge thereof, or having knowledge that any of them have been for-
bidden to do so by a sign or signs posted on such lands, buildings, premises
or part, portion or area thereof at a place or places where it or they may
reasonably be seen, he shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine of not more than one thou-
sand dollars or by confinement in jail not exceeding twelve months, or by
both such fine and imprisonment.

Jurisdiction for the trial of any such person shall be in the county
or city wherein any part of such conspiracy is planned, or in the county
or city wherein any act is done toward the consummation of such plan
or conspiracy.
§ 18.1-16. Every person who attempts to commit an offense which is
punishable with death, shall be confined in the penitentiary not less than
one nor more than twenty 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.

§ 18.1-17. Every person who attempts to commit an offense which is
a noncapital felony shall be confined in the penitentiary not less than one
nor more than ten years, or, in the discretion of the jury or the court trying
the case without a jury, may be confined in jail not exceeding twelve months
and fined not exceeding one thousand dollars, either or both.

§ 18.1-18. Every person who attempts to commit an offense which is
a noncapital felony punishable by confinement in the penitentiary for a
period of less than five years shall be confined in the penitentiary for a pe-
riod of one year, or, in the discretion of the jury or the court trying the
case without a jury, may be confined in jail not exceeding twelve months
and fined not exceeding five hundred dollars, either or both.

§ 18.1-19. Every person who attempts to commit an offense which is
a misdemeanor shall be confined in jail not exceeding six months or fined
not exceeding two hundred and fifty dollars, either or both.

§ 18.1-20. Any provision in this article notwithstanding, in no event
shall the punishment for an attempt to commit an offense exceed the maxi-
mum punishment had the offense been committed.

CHAP. 2
OFFENSES AGAINST THE PERSON
ARTICLE 1

HOMICIDE

§ 18.1-21. Murder by poison, lying in wait, imprisonment, starving,
or by any wilful, deliberate, and premeditated killing, or in the commission
of, or attempt to commit, arson, rape, robbery or burglary is murder of the
first degree. All other murder is murder of the second degree.

§ 18.1-22. Murder of the first degree shall be punished with death, or
by confinement in the penitentiary for life, or for any term not less than
twenty years.

§ 18.1-23. Murder of the second degree shall be punished by confine-
ment in the penitentiary not less than five nor more than twenty years.

§ 18.1-24. Voluntary manslaughter shall be punished by confinement
in the penitentiary not less than one nor more than five years.

§ 18.1-25. Involuntary manslaughter shall be punished by confinement
in the penitentiary not less than one nor more than five years, or, in the
discretion of the jury or the court trying the case without a jury, by a fine
of not exceeding one thousand dollars, or confinement in jail not exceeding
one year, or both.

§ 18.1-26. If any person be stricken or poisoned in this State, and die
by reason thereof out of this State, the offender shall be as guilty, and
shall be prosecuted and punished, as if the death had occurred in the
county or corporation in which the stroke or poison was given or admin-
istered.
§ 18.1-27. Any collection of people, assembled for the purpose and
with the intention of committing an assault or a battery upon any person
and without authority of law, shall be deemed a “‘mob”.

§ 18.1-28,. Any act of violence by a mob upon the body of any person,
which shall result in the death of such person, shall constitute a “lynching”’.

§ 18.1-29. Every lynching shall be deemed murder. Any and every
person composing a mob and any and every accessory thereto, by which
any person is lynched, shall be guilty of murder, and upon conviction, shall
be punished as provided in Article 1 of this chapter.

§ 18.1-30. Any and every person composing a mob which shall ma-
liciously or unlawfully shoot, stab, cut or wound any person, or by any
means cause him bodily injury with intent to maim, disable, disfigure or
kill him, shall be confined in the penitentiary for not less than one nor
more than twenty years.

§ 18.1-31. Any and every person composing a mob which shall commit
a simple assault or battery shall be guilty of a misdemeanor.

§ 18.1-32. The attorney for the Commonwealth of any county or city
In which a lynching may occur shall promptly and diligently endeavor to
ascertain the identity of the persons who in any way participated therein,
or who composed the mob which perpetrated the same, and have them ap-
prehended, and shall promptly proceed with the prosecution of any and
all persons so found; and to the end that such offenders may not escape
proper punishment, such attorney for the Commonwealth may be assisted
in all such endeavors and prosecutions by the Attorney General, or other
prosecutors designated by the Governor for the purpose; and the Governor
may have full authority to spend such sums as he may deem necessary for
the Purpose of seeking out the identity, and apprehending the members of
such mob.

§ 18.1-83. No provision of this article shall be construed to relieve any
member of a mob from civil liability to the personal representative of the
victim of a lynching.

§ 18.1-34. Every person suffering death from a mob attempting to
lynch another person shall come within the provisions of this article, and
his personal representative shall be entitled to relief in the same manner
and to the same extent as if he were the originally intended victim of such
mob.

§ 18.1-35. Jurisdiction of all actions and prosecutions under any of
the provisions of this article shall be in the circuit court of the county, or
corporation court of the city, wherein a lynching may occur, or of the
county or city from which the person lynched may have been taken, as
aforesaid.

ARTICLE 3

KIDNAPPING AND RELATED OFFENSES

§ 18.1-36. Any person, who, by force, intimidation or deception, and
without legal justification or excuse, seizes, takes, transports, detains or
secretes the person of another, with the intent to deprive such other person
of his personal liberty or to withhold or conceal him from any person,
authority or institution lawfully entitled to his charge, shall be deemed
guilty of “abduction”; but the provisions of this section shall not apply
to any law enforcement officer in the performance of his duty. The terms
“abduction” and “kidnapping” shall be synonymous in this Code.

§ 18.1-37. Abduction for which no punishment is otherwise prescribed
shall be punished by confinement in the penitentiary for not less than one
year nor more than twenty years, or, in the discretion of the jury or the
court trying the case without a jury, by confinement in jail for not more
than twelve months or a fine of not more than one thousand dollars, either
or both; provided, however, that such offense, if committed by the parent
of the person abducted and not punishable as contempt of court in any
proceeding then pending, shall be a misdemeanor.

§ 18.1-38. Abduction with the intent to extort money, or pecuniary
benefit, abduction against her will of any female with intent to defile her,
and abduction of any female under sixteen years of age for the purpose
of concubinage or prostitution shall be punished with death, or by con-
finement in the penitentiary for life or any term not less than three years.

§ 18.1-39. Any person who (1) threatens, or attempts, to abduct any
other person with intent to extort money, or pecuniary benefit, or (2) as-
sists or aids in the abduction of, or threatens to abduct, any female with
the intent to defile her, or (3) assists or aids in the abduction of, or
threatens to abduct, any female under sixteen years of age for the purpose
of concubinage or prostitution, shall be punished by confinement in the
penitentiary for not less than one nor more than twenty years, or, in the
discretion of the jury or the court trying the case without a jury, by a fine
of not more than one thousand dollars or by confinement in jail for not
more than twelve months, or both such fine and confinement.

§ 18.1-40. Whenever it is brought to the attention of the members of
the immediate family of any person that such person has been abducted,
or that threats or attempts have been made to abduct any such person,
such members shall make immediate report thereof to the police or other
law enforcement officers of the county, city or town where such person
resides, and shall render all such possible assistance to such officers in the
capture and conviction of the person or persons guilty of the alleged offense.
Any person violating any of the provisions of this section shall be punished
by a fine of not Jess than five nor more than five hundred dollars, or by
confinement in jail for not less than ten days nor more than six months,
or both, in the discretion of the jury or the court trying the case without a
jury.

ARTICLE 4

SEDUCTION, RAPE, ETC.

§ 18.1-41. If any person, under promise of marriage, conditional or
unconditional, seduce and have illicit connection with any unmarried fe-
male of previous chaste character, or if any married man seduce and have
illicit connection with any unmarried female of previous chaste character,
he shall be punished by confinement in the penitentiary not less than two
nor more than ten years. For the purpose of this section, the chastity of
the female shall be presumed, in the absence of evidence to the contrary.
In all criminal prosecutions for seduction under this section, evidence re-
specting the general reputation of the prosecutrix for chastity may be in-
troduced either by the Commonwealth or the accused.

§ 18.1-42. No conviction under § 18.1-41 shall be had on the testimony
of the female seduced, unsupported by other evidence, nor unless the in-
dictment shall be found within two years after the commission of the
offense.

§ 18.1-43. In any prosecution under § 18.1-41 the subsequent marriage
of the parties may be pleaded in bar of a conviction.

§ 18.1-44. If any person carnally know a female of sixteen years of
age or more against her will, by force, 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 in-
stitution for deaf, dumb, blind, feeble-minded, or epileptic persons, he
shall, in the discretion of the court or jury, be punished with death, or con-
finement 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 men-
tioned, and consents to the carnal knowledge, the punishment shall be con-
finement in the penitentiary not less than one nor more than twenty years.

§ 18.1-45. 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 mar-
riage of the parties may be pleaded to any indictment found against the
accused ; whereupon, the court, upon proof of such marriage, and that the
parties are living together as husband and wife, and that the accused has
properly provided for, supported, and maintained and is at the time prop-
erly 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 there-
upon the court shall dismiss the indictment already found against the ac-
cused for the aforesaid offense; but should the husband desert the wife
before she shall attain to the age of sixteen years without just cause, any
indictment found against him for such offense shall be tried without re-
gard to the number of times the case shall have been continued, and
whether such continuance be entered upon the order book or not.

§ 18.1-46. Upon the trial of any defendant under the two preceding
sections, charged with unlawful carnal knowledge of a female child be-
tween the ages of fourteen and sixteen years, if the jury, or the court try-
ing the case without a jury, shall find that such female child was of bad
moral repute and also was a lewd female, at and before the time of the
alleged offense, and that said unlawful carnal knowledge was with her
consent, the defendant shall not be convicted of rape, but, if warranted by
the evidence, the jury, or the court trying the case without a jury, may
find the defendant guilty of contributing to the delinquency of a minor
child or of fornication, and shall fix the defendant’s punishment as pro-
vided by law for whichever of said offenses the defendant is convicted.
Provided, however, that this provision shall not apply in any case where
such female child is an inmate of any hospital for the insane, or is an
inmate of an institution for deaf, dumb, blind, feeble-minded or epileptic
persons, or is of unsound mind.

§ 18.1-47. Before or during the trial of an indictment for rape, or at-
tempted rape, in which the female who is alleged to have been assaulted
is a witness, the judge of the court in which the same is tried may, in his
discretion, by an order entered of record, either in term time or in vaca-
tion, direct that the deposition of such witness be taken at a time and place
designated in the order, and the judge may adjourn the taking thereof to
such other times and places as he may deem necessary. Such deposition
shall be taken by the judge, or by the clerk or any officer authorized tc
take depositions in the presence of the judge, in the county or city in
which the offense was committed or the trial is had, and the judge shall
rule upon all questions of evidence, and otherwise control the taking of
the same as though it were taken in open court. At the taking of such
deposition the attorney for the Commonwealth, as well as the accused and
his attorneys, shall be present and they shall have the same rights in re-
gard to the examination of such witness as if she were testifying in open
court. But no other persons shall be present unless expressly permitted
by the judge. Such deposition shall be read to the jury at the time such
witness might have testified if such deposition had not been taken, and
shall be considered by them, and shall have the same force and effect as
though such testimony had been given orally in court. But the clerk of the
court, in case no appeal is taken, shall, after the time for granting a writ
of error has elapsed, withdraw the deposition from the record of the case
and destroy the same. The judge may, in like manner, direct other deposi-
tions of witness, in rebuttal or otherwise, which shall be taken and read
in the manner and under the conditions herein prescribed as to the first
cepoaliet. The cost of taking such depositions shall be paid by the Com-
monwealth.

ARTICLE 5

TRANSPORTING DANGEROUS ARTICLES

§ 18.1-48. Unless a different meaning is clearly required by the con-
text:
(1) The term “highway” as used herein shall mean and include any
public street, alley, road, tunnel, bridge, viaduct, turnpike or parkway.

(2) The term “dangerous articles” as used herein shall mean ex-
plosives, flammable liquids, flammable solids, oxidizing materials, corrosive
liquids, compressed gases, poisonous substances and radioactive materials
as hereinafter defined when transported as cargo.

(3) The word “person” as used herein shall mean and include any
individual, partnership, association or corporation.

(4) The term ‘flammable liquids” as used herein shall mean any
liquid which gives off flammable vapors (as determined by flash point from
Tagliabue’s open cup tester, as used for test of burning oils) at or below
a temperature of 80 degrees F.

(5) The term “flammable solid’’ as used herein shall mean any solid
substance other than an explosive, as hereinafter defined, which is liable,
under conditions incident to transportation, to cause fires through friction,
through absorption of moisture, through spontaneous chemical changes,
or as a result of retained heat from the manufacturing or processing.

(6) The term “oxidizing material’ as used herein shall mean any
substance such as chlorate, permanganate, peroxide, or a nitrate that yields
oxygen readily to stimulate the combustion of organic matter.

(7) The term “corrosive liquids” as used herein shall mean those
acids, alkaline caustic liquids and other corrosive liquids which, when in
contact with living tissue will cause severe damage of such tissue by chemi-
cal action; or in case of leakage, will materially damage or destroy other
freight by chemical action; or are liable to cause fire when in contact with
organic matter or with certain chemicals.

(8) The term “compressed gas’ as used herein shall mean any ma-
terial or mixture having in the container either an absolute pressure ex-
ceeding 40 pounds per square inch at 70 degrees F., or an absolute pressure
exceeding 104 pounds per square inch at 130 degrees F., or both, or any
liquid flammable material having a Reid vapor pressure exceeding 40
pounds per square inch absolute at 100 degrees F.

(9) The term “poisonous substances” shall mean liquids and gases of
such nature that a very small amount of the gas, or vapor of the liquid,
mixed with air is dangerous to life; or such liquid or solid substances as
upon contact with fire or when exposed to air give off dangerous or in-
tensely irritating fumes; or substances which are chiefly dangerous by
external contact with the body or by being taken internally.

(10) The term “radioactive materials” as used herein shall mean any
material or combination of materials that spontaneously emits ionizing
radiation.

(11) The term “explosive” shall be held to mean and include any
chemical compound or mechanical mixture that is commonly used or in-
tended for the purpose of producing an explosion, that contains any oxi-
dizing and combustible units, or other ingredients, in such proportions,
quantities or packing that an ignition by fire, by friction, by concussion, by
percussion, or by detonator, or any part of the compound or mixture may
cause such a sudden generation of highly heated gases that the resultant
gaseous pressures are capable of producing destructive effects on con-
tiguous objects or of destroying life or limb.

_ § 18.1-49. It shall be unlawful to ship or transport within the terri-
torial limits of this Commonwealth, whether by motor vehicle, boat, air-
craft, or any other means of conveyance, any dangerous article except in
the manner prescribed by the State Corporation Commission. It shall be
the duty of the Commission, from time to time, within its discretion, to
promulgate rules and regulations fixing maximum amounts of various
dangerous articles, except as to flammable liquids, which may be trans-
ported In any manner and the methods of packing and marking the same.
In all instances in which such dangerous articles are transported by motor
vehicle over the highways of this Commonwealth such motor vehicle must
be conspicuously marked or placarded on each side and rear thereof with
the word “DANGEROUS” or the common or generic name of the substance
transported or its principal hazard; provided, however, that the Commis-
sion may, by regulation, prescribe with respect to specifically dangerous
articles the minimum quantities below which no placard shall be required.

§ 18.1-50. Any violation of any provision of the foregoing section, or
the rules and regulations of the Commission promulgated pursuant thereto,
shall constitute a misdemeanor and shall be punishable, for a first offense,
by a fine of not less than ten dollars nor more than fifty dollars, or by
confinement in jail for a period not to exceed sixty days, or both, and for
a subsequent offense, by a fine of not less than fifty dollars nor more than
one thousand dollars, or by confinement in jail for not less than sixty days
nor more than six months, or both.

§ 18.1-51. The enforcement of the provisions of the foregoing sections
shall be the duty of the State Corporation Commission and the Department
of State Police, together with all law enforcement and peace officers of this
Commonwealth.

§ 18.1-52. The provisions herein shall not be construed so as to pre-
clude the exercise of the regulatory powers of any agency, department or
political subdivision of the Commonwealth having statutory authority to
exclude dangerous articles or cargoes from specified highways or portions
thereof.

§ 18.1-58. Nothing herein contained shall apply to shipment or trans-
portation of dangerous articles in interstate commerce when packed,
marked, labeled, or accompanied by shipping papers in conformity with
the applicable regulations of the Interstate Commerce Commission and
placarded in conformity therewith; nor to the regular military or naval
forces of the United States, nor to the duly authorized militia of any State
or Territory thereof, nor to the police or fire departments of this Common-
wealth, providing the same are acting within their official capacity and in
the performance of their duties; nor to motor vehicles when transporting
bulk flammable liquids by tank truck.

ARTICLE 6

DRIVING AUTOMOBILES, ETC., WHILE INTOXICATED

§ 18.1-54. It shall be unlawful for any person to drive or operate any
automobile or other motor vehicle, car, truck, engine or train while under
the influence of alcohol, brandy, rum, whisky, gin, wine, beer, lager beer,
ale, porter, stout or any other liquid beverage or article containing alcohol
or while under the influence of any narcotic drug or any other self-admin-
istered intoxicant or drug of whatsoever nature.
§ 18.1-55. In any criminal prosecution under § 18.1-54, or similar ordi-
nance of any county, city or town, no person shall be required to submit
to a determination of the amount of alcohol in his blood at the time of the
alleged offense as shown by a chemical analysis of his blood; however, any
person arrested for a violation of § 18.1-54 or similar ordinance of any
county, city or town shall be entitled to a determination of the amount of
alcohol in his blood at the time of the alleged offense as shown by a chemical
analysis of his blood, provided the request for such determination is made
within two hours of his arrest. Any such person shall, at the time of his
arrest, be informed by the arresting authorities of his right to such de-
termination, and if he makes such request, the arresting authorities shall
render full assistance in obtaining such determination with reasonable
promptness.

Only a physician, registered professional nurse or laboratory tech-
nician, shall withdraw blood for the purpose of determining the alcoholic
content therein. The blood sample shall be placed in a sealed container
provided by the Chief Medical Examiner. Upon completion of taking of
the sample, the container must be resealed in the presence of the accused
after calling the fact to his attention. The container shall be especially
equipped with a sealing device, sealed so as not to allow tampering,
labelled and identified showing the person making the test, the name of
the accused, the date and time of taking. The sample shall be delivered to
the police officer for transporting or mailing to the Chief Medical Ex-
aminer. Upon receipt of the blood sample, the Chief Medical Ex-
aminer or an assistant Chief Medical Examiner shall examine it for alco-
holic content and shall execute a certificate which certificate shall indi-
cate the name of the accused, the date, time and by whom the same was
received and examined, and a statement that the container seal had not
been broken or otherwise tampered with and a statement of the alcoholic
content of the sample. The certificate, attached to the container shall be
returned to either the police officer making the arrest, the department
rom — it came, or to the clerk of the court in which the matter will

eard.

Upon the request of the person who was given a chemical test of blood,
the results of such test shall be made available to him.

An amount not to exceed five dollars to cover the costs of taking blood
and making an analysis thereof shall be taxed as part of the costs of the
@

Other than as expressly provided herein, the provisions of this section
shall not otherwise limit the introduction of any competent evidence bear-
ing upon any question at issue before the court.

§ 18.1-56. When any blood sample taken in accordance with the pro-
visions of § 18.1-55 is forwarded for analysis to the Office of the Chief
Medical Examiner, a report of the results of such analysis shall be made
and filed in that office. Upon proper identification of such vial, tube or
container, the copy of such certificate as provided for in § 18.1-55 shall,
when duly attested by the Chief Medical Examiner, or any Assistant Chief
Medical Examiner, be admissible in any court, in any criminal proceeding,
as evidence of the facts therein stated and of the results of such analysis.

§ 18.1-57. In any prosecution for a violation of § 18.1-54, or any similar
ordinance of any county, city or town, the amount of alcohol in the blood
of the accused at the time of the alleged offense as indicated by a chemical
analysis of the accused’s blood in accordance with the provisions of
§ 18.1-55, shall give rise to the following presumptions:

(1) If there was at that time 0.05 per cent or less by weight of alcohol
in the accused’s blood, it shall be presumed that the accused was not under
the influence of alcoholic intoxicants;
(2) If there was at that time in excess of 0.05 per cent but less than
0.15 per cent by weight of alcohol in the accused’s blood, such facts shall
not give rise to any presumption that the accused was or was not under the
influence of alcoholic intoxicants, but such facts may be considered with
other competent evidence in determining the guilt or innocence of the ac-
cused ;

(3) If there was at that time 0.15 per cent or more by weight of
alcohol in the accused’s blood, it shall be presumed that the accused was
under the influence of alcoholic intoxicants.

§ 18.1-58. Any person violating any provision of § 18.1-54 shall be
guilty of a misdemeanor and shall be punished, for a first offense by a fine
of not less than one hundred dollars nor more than one thousand dollars
or by confinement in jail for not less than one month nor more than six
months, either or both in the discretion of the jury or the court trying the
case without a jury. Any person convicted within any period of ten years
of a second or other subsequent offense under § 18.1-54, or convicted of a
first offense under § 18.1-54 after having been convicted within a period of
ten years prior thereto of an offense under former § 18-75, shall be punish-
able by a fine of not less than one hundred dollars nor more than one thou-
sand dollars and by confinement in jail for not less than one month nor
more than one year. For the purposes of this section a conviction or find-
ing of not innocent in the case of a juvenile under the provisions of
§ 18.1-54, former § 18-75, the ordinance of any county, city or town in
this State or the laws of any other state substantially similar to the pro-
visions of §§ 18.1-54 through 18.1-57 of the Code shall be considered a
prior conviction.

§ 18.1-59. The judgment of conviction or finding of not innocent in the
case of a juvenile if for a first offense under § 18.1-54, or for a similar
offense under any county, city or town ordinance, shall of itself operate
to deprive the person so convicted or found of the right to drive or operate
any such vehicle, conveyance, engine or train in this State for a period of
one year from the date of such judgment, and if for a second or other
subsequent offense within ten years thereof for a period of three years
from the date of the judgment of conviction or finding of not innocent
thereof. If any person has heretofore been convicted or found not innocent
of violating any similar act of this State and thereafter is convicted or
found not innocent of violating the provisions of § 18.1-54, such conviction
or finding shall for the purpose of this section and § 18.1-58 be a subsequent
offense and shall be punished accordingly; and the court may, in its dis-
cretion, suspend the sentence during the good behavior of the person con-
victed or found not innocent.

§ 18.1-60. If any person so convicted shall, during the time for which
he is deprived of his right so to do, drive or operate any such vehicle, con-
veyance, engine or train in this State, he shall be guilty of a misdemeanor
and shall be confined in jail not less than ten days nor more than six months
and may in addition be fined not exceeding five hundred dollars; but noth-
ing in this section or §§ 18.1-54, 18.1-58 or 18.1-59 shall be construed as
conflicting with or repealing any ordinance or resolution of any city, town
or county which restricts still further the right of such persons to drive
or operate any such vehicle or conveyance.

§ 18.1-61. The clerk of every court of record and the judge of every
court not of record shall, within thirty days after final conviction of any
person in his court under the provisions of this article, report the fact
thereof and the name, post office address and street address of such person,
together with the license plate number on the vehicle operated by such
person to the Commissioner of the Division of Motor Vehicles who shall
preserve a record thereof in his office.
§ 18.1-62. If any person administer to, or cause to be taken by a
woman, any drug or other thing, or use means, with intent to destroy
her unborn child, or to produce abortion or miscarriage, and thereby
destroy such child, or produce such abortion or miscarriage, he shall be
confined in the penitentiary not less than one nor more than ten years.
No person, by reason of any act mentioned in this section, shall be pun-
ishable when such act is done in good faith, with the intention of saving
the life of such woman or child.

§ 18.1-63. If any person, by publication, lecture, advertisement, or
by the sale or circulation of any publication, or in any other manner,
encourage or prompt the procuring of abortion or miscarriage, he shall
be guilty of a misdemeanor.

§ 18.1-64. If any person administer or attempt to administer any
poison or destructive thing in food, drink, medicine, or otherwise, or
poison any spring, well, or reservoir of water with intent to kill or in-
jure another person he shall be confined in the penitentiary not less than
three nor more than twenty years.

§ 18.1-65. If any person maliciously shoot, stab, cut, or wound any
person or by any means cause him bodily injury, with the intent to maim,
disfigure, disable, or kill, he shall, except where it is otherwise provided,
be confined in the penitentiary not less than three nor more than twenty
years. If such act be done unlawfully but not maliciously, with the intent
aforesaid, the offender shall, at the discretion of the jury, be confined in
the penitentiary not less than one nor more than five years or be confined
in jail not exceeding twelve months, and fined not exceeding five hun-
dred dollars.

§ 18.1-66. If any person maliciously discharges a firearm within any

building when occupied by one or more persons in such a manner as to
endanger the life or lives of such person or persons, the person so offend-
ing shall, upon conviction thereof, be punished by confinement in the peni-
tentiary for not less than one nor more than ten years. If any such act
be committed unlawfully, but not maliciously, the person so offending
shall, upon conviction thereof, be punished by confinement in the peni-
tentiary not less than one nor more than three years, or, in the discretion
of the jury or the court trying the case without a jury, be confined in jail
not to exceed twelve months and fined not less than one hundred dollars
nor more than five hundred dollars.
_ . § 18.1-67. If any person maliciously cause any other person bodily
injury by means of any acid, lye or other caustic substance or agent,
he shall be punished by confinement in the penitentiary for life or any
term not less than one year.

§ 18.1-68. If any person, in the commission of, or attempt to commit,
felony, unlawfully shoot, stab, cut or wound another person 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 court trying the case without a
jury, be confined in jail not exceeding one year or fined not exceeding
five hundred dollars, either or both.

§ 18.1-69. If any person wilfully discharge or cause to be discharged
any firearm in any street in a city or town, or in any place of public busi-
ness or place of public gathering, he shall be guilty of a misdemeanor;
provided, that this section shall not apply to any law enforcement officer
in the performance of his official duties nor to any other person whose
said wilful act is otherwise justifiable or excusable at law in the protection
of his life or property, or is otherwise specifically authorized by law.

§ 18.1-70. If any person wilfully or intentionally release or cause
or procure to be released in any private home, place of business or place
of public gathering any tear gas, mustard gas, phosgene gas or other
noxious or nauseating gases or mixtures of chemicals designed to, and
capable of, producing vile or injurious or nauseating odors or gases, he
shall be punished by confinement in the penitentiary for not less than
one nor more than ten years or, in the discretion of the jury or the court
trying the case without a jury, by a fine of not exceeding five hundred
dollars or a jail sentence not exceeding twelve months, either or both.
And if any person be physically injured by such gas or chemical combin-
ation, then the person releasing or placing, or causing to be released or
placed, such noxious gases or chemical combinations, shall be confined in
the penitentiary for a period of not less than one nor more than twenty
years.

Nothing herein contained shall prevent the use of tear gas or other
gases by police officers or other peace officers in the proper performance
of their duties, or by any person or persons in the protection of person,
life or property.

§ 18.1-71. It shall be unlawful to haze, or otherwise mistreat so as
to cause bodily injury, any student at any school, college, or university
receiving appropriations from the State treasury.

Any person found guilty thereof shall be punished by a fine of not
less than fifty dollars nor more than five hundred dollars, or confined in
jail not more than one year, or both, unless the injury would be such as
to constitute a felony, and in that event the punishment shall be inflicted
as is otherwise provided by law for the punishment of such felony.

Any person receiving bodily injury by hazing or mistreatment shall
have a right to sue, civilly, the person or persons guilty thereof, whether
adults or infants.

The president, or other presiding official of any school, college or
university, as herein referred to, shall, upon satisfactory proof of the
guilt of any student found guilty of hazing or mistreating another stu-
dent so as to cause bodily injury, expel such student so found guilty, and
shall make report thereof to the attorney for the Commonwealth of the
county or city in which such school, college or university is, who shall
present the same to the grand jury of such city or county convened next
after such report is made to him.

§ 18.1-72. It shall be unlawful for any person, or persons, to display,
exhibit, handle or use any poisonous or dangerous snake or reptile in such
a& manner as to endanger the life or health of any person.

Any person violating the provisions of this section shall be guilty
of a misdemeanor and punished by a fine of not less than fifty dollars
nor more than one hundred and fifty dollars, or by confinement in jail
not exceeding six months, or by both such fine and imprisonment.

§ 18.1-73. Every owner, operator, proprietor, superintendent or con-
ductor of any sawmill or other manufacturing plant, or any other person
who has caused to be dug on his own land or the land of another any well.
or pit for the use of such sawmill, plant or person, shall fill such well
or pit with earth so that the same shall not be dangerous to human beings,
animals or fowls at the time of or before such mill or plant shall be re-
moved or such well or such pit otherwise abandoned; and any person
owning land whereon any such well or pit is located shall in the same man-
ner fill with earth any such well or pit which has been abandoned, provided
such person has knowledge of the existence of such well or pit.

But in the case of mining operations in lieu of filling the shaft or
pit the owner or operator thereof on ceasing operations in such shaft or
pit shall securely fence the same and keep the same at all times there-
after securely fenced.

Any person violating any provision of this section shall be deemed
guilty of a misdemeanor and upon conviction shall be fined not exceeding
five hundred dollars.

§ 18.1-74. Every person owning or occupying any land on which
there is a well having a diameter greater than six inches and which is
more than ten feet deep shall at all times keep the same covered in such
& manner as not to be dangerous to human beings, animals or fowls.

Any person violating the provisions of this section shall be guilty of
a misdemeanor.

CHAP. 3
OFFENSES AGAINST PROPERTY
ARTICLE 1

ARSON AND OTHER OFFENSES INVOLVING FIRE

§ 18.1-75. If any person, in the nighttime, maliciously burn, or by
use of any explosive device or substance, maliciously destroy, in whole
or in part, or cause to be burned or destroyed, or aid, counsel or procure
the burning or destruction of any dwelling house or house trailer, 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 aid, counsel or pro-
cure the setting fire to anything, by the burning whereof such dwelling
house, house trailer, hotel, asylum, or other house, or railroad car, boat,
vessel, or river craft, jail or prison, shall be burned in the nighttime, he
shall be guilty of arson and he shall be punished 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 any term not less than five
years; but if the jury or the court trying the case without a jury finds
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 confined
in the penitentiary for not less than five nor more than twenty years.

Any such burning or destruction in the daytime shall be punished
by confinement in the penitentiary not less than three nor more than ten

§ 18.1-76. If any person in the nighttime maliciously burn, or by
means OI any explosive device or substance, destroy or cause to be burned
or destroyed, in whole or in part, or aid, counsel or procure the burning
or destruction of any barn, stable, shed, or other building containing live-
stock, whether such building be the property of himself or of another,
the livestock being in the building at the time of the burning or destruc-
tion, he shall be punished by confinement in the penitentiary not less than
three nor more than ten years.

§ 18.1-77. No outhouse, not adjoining a dwelling house, nor under
the same roof, although within the curtilage thereof, shall be deemed a
part of such dwelling house, within the meaning of this chapter, unless
some person usually lodge therein at night.

§ 18.1-78. If any person maliciously burn, or by the use of any ex-
plosive device or substance, maliciously destroy, in whole or in part, or
cause to be burned or destroyed, or aid, counsel, or procure the burning
or destroying, of any meeting house, courthouse, townhouse, college,
academy, schoolhouse, or other building erected for public use, except an
asylum, hotel, jail or prison, or any banking house, warehouse, store-
house, manufactory, mill, or other house, whether the property of him-
self or of another person, not usually occupied by persons lodging therein
at night, at a time when any person is therein, or if he maliciously 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 men-
tioned in this section shall be burned, at a time when any person is there-
in, 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 confined in the
penitentiary not less than two nor more than ten years.

§ 18.1-78.1. Any person fourteen years of age or over who makes
and communicates to another, whether by writing, telephone, telegraph,
or other means, any threat to bomb, burn, destroy or in any manner
damage any school building, church, meeting house, store building, fac-
tory, place of assembly, or any building, structure, or dwelling house, or
aircraft, motor vehicle, or other means of public transportation, shall be
guilty of a felony and upon conviction shall be punished by confinement
in the penitentiary not less than one nor more than ten years or in the
discretion of the court or jury trying the case be confined in jail not
exceeding twelve months and fined not exceeding five hundred dollars.

§ 18.1-78.2. Any person under the age of fourteen years who makes
and communicates to another, whether by writing, telephone, telegraph,
or other means, any threat to bomb, burn, destroy or in any manner
damage any school building, church, meeting house, store building, fac-
tory, place of assembly, or any building, structure, or dwelling house, or
aircraft, motor vehicle or other means of public transportation, shall be
guilty of a misdemeanor. ;

§ 18.1-78.3. Any person fourteen years of age or over who communl-
cates to another, whether by writing, telephone, telegraph or other means,
information, knowing the same to be false, as to the existence of any peril
of bombing, burning, destruction or damage to any school building, church,
meeting house, store building, factory, place of assembly, or any building,
structure, or dwelling house, or aircraft, motor vehicle, or other means of
public transportation, shall be guilty of a felony and upon conviction shall
be punished by confinement in the penitentiary not less than one nor more
than ten years or in the discretion of the court or jury trying the case be
confined in jail not exceeding twelve months and fined not exceeding five
hundred dollars.

§ 18.1-78.4. Any person under the age of fourteen years who com-
municates to another, whether by writing, telephone, telegraph, or other
means, information knowing the same to be false, as to the existence of any
peril of bombing, burning, destruction or damage to any school building,
church, meeting house, store building, factory, place of assembly, or any
building, structure, or dwelling house, or aircraft, motor vehicle, or other
means of public transportation, shall be guilty of a misdemeanor.

§ 18.1-78.5. Any person fourteen years of age or over, including the
parent of any child, who shall cause, encourage, incite, entice or solicit any
person, including a child, to commit any act proscribed by the provisions
of §§ 18.1-78.1, 18.1-78.2, 18.1-78.3 or 18.1-78.4, shall be guilty of a felony
and upon conviction shall be punished by confinement in the penitentiary
not less than one nor more than ten years or, in the discretion of the court
or jury trying the case be confined in jail not exceeding twelve months and
fined not exceeding five hundred dollars.

§ 18.1-79. If any person maliciously set fire to or burn, or cause to be
burned, or aid, counsel, or procure the burning of any personal property,
standing grain or other crop, or any structure not a part of a dwelling
house, 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.
§ 18.1-80. If any person maliciously burn, or by the use of any ex-
plosive device or substance, maliciously destroy, in whole or in part, or
cause to be burned or destroyed, or aid, counsel or procure the burning or
destruction of any building, or other structure, 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 penitentiary not less than three nor
more than fifteen years. If he commits such offense at a time when no
person is in such building, or other structure, and such building, or other
structure, 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 nor more than five years.

§ 18.1-81. If any person maliciously burn, or by the use of any ex-
plosive device or substance, or by other means, maliciously destroy, in
whole or in part, or cause to be burned or destroyed, or aid, counsel, or pro-
cure 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.

§ 18.1-82. If any person maliciously set fire to any wood, fence, grass,
straw or other thing capable of spreading fire on land, he shall be confined
in the penitentiary not less than one nor more than three years, or, in the
discretion of the jury or court trying the case without a jury, be fined not
less than five nor more than five hundred dollars and be confined in jail not
less than one nor more than twelve months.

§ 18.1-88. Any person who intentionally sets or procures another to
set fire to any woods, brush, leaves, grass, straw, or any other inflammable
substance capable of spreading fire, and who intentionally allows the fire
to escape to lands not his own, whereby the property of another is damaged
or jeopardized, shall be fined not less than fifty nor more than five hundred
dollars or be confined in jail not less than one nor more than six months,
and shall be liable for the full amount of all expenses incurred in fighting

e fire.

§ 18.1-84. If any person carelessly, negligently or intentionally set any
woods or marshes on fire, or set fire to any stubble, brush, straw, or any
other substance capable of spreading fire on lands, whereby the property
of another is damaged or jeopardized, he shall be fined not less than ten
nor more than one hundred dollars for each offense, and shall be liable for
the full amount of all expenses incurred in fighting the fire.

§ 18.1-85. If any person wilfully 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
one nor more than ten years.

ARTICLE 2

BURGLARY AND ROBBERY

§ 18.1-86. If any person break and enter the dwelling house of an-
other in the nighttime with intent to commit a felony or larceny therein, he
shall be guilty of burglary, though the things stolen, or intended to be
stolen, be of less value than fifty dollars. If any person be guilty of bur-
glary, he shall be punished 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 any term not less than five years.

§ 18.1-87. If any person have in his possession any tools, implements
or outfit, with intent to commit burglary, robbery, or larceny, he shall be
confined in the penitentiary not less than one nor more than ten years. The
possession of such burglarious tools, implements or outfit by any person
other than a licensed dealer, shall be prima facie evidence of an intent to
commit burglary, robbery or larceny.

§ 18.1-88. If any person in the nighttime enter without breaking or
In the daytime break and enter a dwelling house or an outhouse adjoining
thereto and occupied therewith or in the nighttime enter without breaking
or break and enter either in the daytime or nighttime any office, shop,
storehouse, warehouse, banking house, or other house, or any ship, vessel
or river craft or any railroad car, or any automobile, truck, or trailer, if
such automobile, truck or trailer is used as a dwelling or place of human
habitation, with intent to commit murder, rape or robbery, he shall be
deemed guilty of statutory burglary and shall be confined in the peniten-
tiary not less than one nor more than twenty years.

§ 18.1-89. If any person do any of the acts mentioned in § 18.1-88,
with intent to commit larceny, or any felony other than murder, rape or
robbery, he shall be deemed guilty of statutory burglary and shall be con-
fined in the penitentiary not less than one year nor more than ten years or,
in the discretion of the jury or the court trying the case without a jury,
confined in jail not exceeding twelve months or fined not exceeding five
hundred dollars, either or both.

§ 18.1-90. If any person, armed with a deadly weapon shall enter any
banking house, in the daytime or in the nighttime, with intent to commit
larceny of money, bonds, notes, or other evidence of debt therein, he shall
be punished with death, or by confinement in the penitentiary for life, or
for any term not less than five years.

§ 18.1-91. If any person commit robbery by partial strangulation, or
suffocation, or by striking or beating, or by other violence to the person,
or by the threat or presenting of firearms, or other deadly weapon or in-
strumentality whatsoever, he shall be punished with death, or by confine-
ment in the penitentiary for life, or for any term not less than five years.
If any person commit a robbery in any other mode, or by any other means,
he shall be confined in the penitentiary not less than five years nor more
than twenty years.

ARTICLE 3

FORGERY

§ 18.1-92. If any person forge a public record, or certificate, return, or
attestation, of any public officer, in relation to any matter wherein such
certificate, return, or attestation may be received as legal proof, or utter,
or attempt to employ as true, such forged record, certificate, return, or
attestation, knowing the same to be forged, he shall be confined in the
penitentiary not less than two nor more than ten years.

§ 18.1-93. If any person forge, or keep or conceal any instrument for
the purpose of forging the seal of the Commonwealth, the seal of a court,
or of any public office, or body politic or corporate in this State, he shall
be confined in the penitentiary not less than two nor more than ten years.

§ 18.1-94. If any person (1) forge any coin current by law or usage
in this State or any note or bill of a banking company, (2) fraudulently
make any base coin, or a note or bill purporting to be the note or bill of a
banking company, when such company does not exist, or (3) utter, or
attempt to employ as true, or sell, exchange, or deliver, or offer to sell, ex-
change, or deliver, or receive on sale, exchange, or delivery, with intent to
utter or employ, or to have the same uttered or employed as true, any such
false, forged, or base coin, note or bill, knowing it to be so, he shall be
confined in the penitentiary not less than two nor more than ten years.

§ 18.1-95. If any person engrave, stamp, or cast, or otherwise make
or mend, any plate, block, press, or other thing, adapted and designed for
the forging and false making of any writing or other thing, the forging or
false making whereof is punishable by this chapter, or if such person have
in possession any such plate, block, press, or other thing, with intent to
use, or cause or permit it to be used, in forging or false making any such
writing or other thing, he shall be confined in the penitentiary not less
than two nor more than ten years.

§ 18.1-96. If any person forge any writing, other than such as is men-
tioned in §§ 18.1-92 and 18.1-94, to the prejudice of another’s right, or
utter, or attempt to employ as true, such forged writing, knowing it to be
forged, he shall be confined in the penitentiary not less than two years nor
more than ten years, or, in the discretion of the jury or the court trying
the case without a jury, he shall be confined in jail not less than six months
nor more than twelve months. Any person who shall obtain, by any false
pretense or token, the signature of another person, to any such writing,
with intent to defraud any other person, shall be deemed guilty of the
forgery thereof, and shall be subject to like punishment.

§ 18.1-97. If any person have in his possession forged bank notes or
forged or base coin, such as are mentioned in § 18.1-94, knowing the same
to be forged or base, with the intent to utter or employ the same as true,
or to sell, exchange, or deliver them, so as to enable any other person to
utter or employ them as true, he shall, if the number of such notes or coins
in his possession at the same time, be ten or more, be confined in the pen:-
tentiary not less than one nor more than five years; and if the number be
less than ten, he shall be punished as for a misdemeanor.

§ 18.1-98. If any clerk of a court, commissioner of the revenue, phy-
sician, surgeon, medical examiner or minister celebrating a marriage, or
clerk or keeper of the records of any religious society, shall, in any book,
register, record, certificate or copy which such person is by Title 20 re-
quired to keep, make, or give, knowingly make any false, erroneous, or
fraudulent entry, record, registration, or written statement, he shall, for
every such offense, be fined not less than one hundred nor more than five
hundred dollars.

§ 18.1-99. If any person, upon whose information or statement any
record or registration may lawfully be made under Title 20, knowingly
give any false information, or make any false statement to be used for the
purpose of making any such record or registration, he shall, for every such
offense, be fined not less than fifty nor more than one hundred dollars.

ARTICLE 4

LARCENY, EMBEZZLEMENT, OBTAINING
MONEY UNDER FALSE PRETENSES, ETC.
§ 18.1-100. Any person who:
(1) Commits larceny from the person of another of money or other
thing of the value of five dollars or more, or
(2) Commits simple larceny not from the person of another of goods
and chattels of the value of fifty dollars or more, shall be deemed guilty
of grand larceny and shall be punished by confinement in the penitentiary
not less than one nor more than twenty years, or, in the discretion of the
jury or the court trying the case without a jury, by confinement in jail
not exceeding twelve months or by a fine not exceeding one thousand
dollars, either or both.
§ 18.1-101. Any person who:
(1) Commits larceny from the person of another of money or other
thing of value of less than five dollars, or
(2) Commits simple larceny not from the person of another of goods
and chattels of the value of less than fifty dollars, shall be deemed guilty
of petit larceny, which shall be punishable as a misdemeanor.
§ 18.1-102. Any person who shall be guilty of the larceny of a horse,
mule, cow, steer, bull or calf shall be punished by confinement in the
penitentiary not less than three nor more than twenty years; and any
person who shall be guilty of the larceny of any poultry of the value of
five dollars or more, but of the value of less than fifty dollars, or of a dog,
sheep, lamb, swine, or goat, of the value of less than fifty dollars, shall, in
the discretion of the jury or court trying the case without a jury, be con-
fined in the penitentiary not less than one nor more than ten years or be
confined in jail not exceeding twelve months and fined not exceeding five
hundred dollars.

§ 18.1-108. (a) Any vehicle knowingly used by the owner thereof
or used by another with his knowledge for the transportation of any
stolen animal or poultry the larceny of which is punishable under § 18.1-102,
or farm produce or forest products, when the value of such stolen animal,
poultry, produce or forest products is fifty dollars or more, shall be for-
feited to the Commonwealth and shall be seized by any law enforcement
officer arresting the operator of such vehicle for larceny of such animals,
poultry, produce or forest products and by him delivered to the sheriff
of the county or sergeant of the city in which such arrest is made, and a
receipt taken therefor.

(b) Thereafter, forfeiture of such vehicle shall be enforced as is pro-
vided in § 4-56 of the Code of Virginia as to vehicles used for the trans-
portation of illegally acquired alcoholic beverages, and the provisions of
§ 4-56 shall apply, mutatis mutandis, to proceedings for the enforcement
of such forfeiture.

§ 18.1-104. If any person steal any bank note, check, or other writing
or paper of value, whether the same represents money and passes as
currency, or otherwise, or any book of accounts, for or concerning money
or goods due or to be delivered, he shall be deemed guilty of larceny there-
of, and receive the same punishment, according to the value of the thing
stolen, prescribed for the punishment of the larceny of goods and chat-
tels. The provisions of this section shall be construed to embrace all
bank notes and papers of value representing money and passing as cur-
rency, whether the same be the issue of this State or any other state, or of
the United States, or of any corporation, and shall include all other papers
of value, of whatever description.

§ 18.1-105. In a prosecution under the preceding section, the money
due on or secured by the writing, paper or book, and remaining unsatis-
fied, or which in any event might be collected thereon, or the value of
the property or money affected thereby, shall be deemed to be the value
of the article stolen.

§ 18.1-106. Things which savor of the reality, and are at the time
they are taken part of the freehold, whether they be of the substance or
produce thereof, or affixed thereto, shall be deemed goods and chattels
of which larceny may be committed, although there be no interval between
the severing and taking away.

§ 18.1-107. If any person buy or receive from another person, or aid
in concealing, any stolen goods or other thing, knowing the same to have
been stolen, he shall be deemed guilty of larceny thereof, and may be
proceeded against, although the principal offender be not convicted.

§ 18.1-108. If any person fraudulently sell, pledge, encumber, re-
move, destroy, receive or secrete any goods, chattels or other personal
property of any kind whatsoever that has been distrained or levied upon,
with intent to defeat such distress or levy, he shall be deemed guilty of
the larceny thereof. And any person who under the provisions of this
section would be guilty of grand larceny, shall, in the discretion of the
jury or the court trying the case without a jury, be confined in the
penitentiary not less than one year nor more than ten years, or be con-
fined in jail not exceeding twelve months or fined not exceeding one thou-
sand dollars, either or both.

§ 18.1-109. If any person wrongfully and fraudulently use, dispose
of, conceal or embezzle any money, bill, note, check, order, draft, bond,
receipt, bill of lading or any other personal property, tangible or in-
tangible, which he shall have received for another or for his employer,
principal or bailor, or by virtue of his office, trust, or employment, or
which shall have been entrusted or delivered to him by another or by
any court, corporation or company, he shall be deemed guilty of larceny
thereof, and may be indicted as for simple larceny. But proof of em-
bezzlement under this section shall be sufficient to sustain the charge. On
the trial of every indictment for larceny, however, the defendant, if he
demands it, shall be entitled to a statement in writing from the attorney
for the Commonwealth of what statute he intends to rely upon to ask for
conviction.

_ § 18.1-110. If any officer, agent or employee of the State or of any
city, town or county or the deputy of any such officer having custody of
public funds knowingly misuse or misappropriate the same or knowingly
dispose thereof otherwise than in accordance with law, he shall be con-
fined in the penitentiary not less than one nor more than twenty years;
and any default of such officer, agent, employee or deputy in paying over
any such funds to the proper authorities when required by law to do so
shall be deemed prima facie evidence of his guilt.

§ 18.1-111. If any officer or clerk of any bank or joint stock com-
pany make, alter or omit to make any entry in any account kept in such
bank, or by such company, with intent, in so doing, to conceal the true
state of such account, or to defraud such bank or company, or to enable
or assist any person to obtain money to which he was not entitled, such
officer or clerk shall be confined in the penitentiary not less than one nor
more than twenty years.

§ 18.1-112. If any person store or ship goods, wares, merchandise,
grain, flour or other produce or commodity, in his own name, being in the
possession thereof for or on account of another, and sell, negotiate, pledge
or hypothecate the same or any part thereof, or the receipts or bill of
lading received therefor, and fraudulently fail to account for or pay over
to his principal or the owner of the property the amount so received on
such sale, negotiation, pledge or hypothecation, he shall be deemed guilty
of larceny thereof.

§ 18.1-113. If any person obtain from another an advance of money,
merchandise or other thing, upon a promise in writing that he will send
or deliver to such other person his crop or other property, and fraudulently
fail or refuse to perform such promise, and also fail to make good such
advance, he shall be deemed guilty of the larceny of such money, merchan-
dise or other thing.

§ 18.1-114. If any person enter into a contract of employment, oral
or written, for the performance of personal service to be rendered with-
in one year, in and about the cultivation of the soil, and, at any time
during the pendency of such contract, thereby obtain from the land-
owner, or the person so engaged in the cultivation of the soil, advances
of money or other thing of value under such contract, with intent to injure
or defraud his employer, and fraudulently refuses or fails to perform
such service or to refund such money or other thing of value so obtained,
he shall be guilty of a misdemeanor. But no prosecution hereunder shall
be commenced more than sixty days after the breach of such contract.

§ 18.1-115. It shall be unlawful for any person renting the lands of
another, either for a share of the crop or for money consideration, to
remove therefrom, without the consent of the landlord, any part of such
crop until the rents and advances are satisfied. Every such offense shall
be deemed a misdemeanor, and punished accordingly.

§ 18.1-116. Whenever any person is in possession of any personal
property, including motor vehicles, in any capacity, the title or owner-
ship of which he has agreed in writing shall be or remain in another, or
on which he has given a lien, and such person so in possession shall
fraudulently sell, pledge, pawn or remove such property from the premises
where it has been agreed that it shall remain, and refuse to disclose the
location thereof, or otherwise dispose of the property or fraudulently
remove the same from the State, without the written consent of the
owner or lienor or the person in whom the title is, or, if such writing be
a deed of trust, without the written consent of the trustee or beneficiary
in such deed of trust, he shall be deemed guilty of the larceny thereof.

In any prosecution hereunder, the fact that such person after de-
mand therefor by the lienholder or person in whom the title or owner-
ship of the property is, or his agent, shall fail or refuse to disclose to
such claimant or his agent the location of the proprety, or to surrender
the same, shall be prima facie evidence of the violation of the provisions
of this section. The venue of prosecutions against persons fraudulently
removing any such property, including motor vehicles, from the State
shall be the county or city in which such property or motor vehicle was
purchased or in which the accused last had a legal residence.

This section shall not be construed to interfere with the rights of
any innocent third party purchasing such property, unless such writing
shall be docketed or recorded as provided by law.

§ 18.1-117. If any person shall solicit and obtain from any licensed
merchant any goods, wares or merchandise for examination or approval,
and shall thereafter, upon written demand, refuse or fail to return the
same to such merchant in unused condition, or to pay for the same, such
person so offending shall be deemed guilty of the larceny thereof. But
the provisions of this section shall not apply unless such written demand
be made within five days after delivery, and unless the goods, wares or
merchandise shall have attached to them or to the package in which they
are contained a label, card or tag containing the words, ‘‘Delivered for
selection or approval.”

§ 18.1-118. If any person obtain, by any false pretence or token,
from any person, with intent to defraud, money or other property which
may be the subject of larceny, he shall be deemed guilty of larceny there-
of; or if he obtain, by any false pretence or token, with such intent, the
signature of any person to a writing, the false making whereof would be
forgery, he shall be confined in the penitenitary not less than two nor
more than ten years.

§ 18.1-119. Any person who:

(1) Shall knowingly make or cause to be made, either directly or
indirectly, or through any agency, any false statement in writing, with
intent that it shall be relied upon, concerning the financial condition or
means or ability to pay of himself, or of any other person for whom he
is acting, or any firm or corporation in which he is interested or for
which he is acting, for the purpose of procuring, for his own benefit or
for the benefit of such person, firm or corporation, the delivery of personal
property, the payment of cash, the making of a loan or credit, the exten-
sion of a credit, the discount of an account receivable, or the making, ac-
ceptance, discount, sale or endorsement of a bill of exchange or promissory
note; or,

(2) Knowing that a false statement in writing concerning the financial
condition or ability to pay of himself or of any such person, firm or cor-
poration has been made, procures with like intent, upon the faith there-
of, for his own benefit, or for the benefit of such person, firm or corpora-
tion, any such delivery, payment, loan, credit, extension, discount making,
acceptance, sale or endorsement, and fails to pay for such loan, credit
or benefit so procured, shall, if the value of the thing or the amount of
the loan, credit or benefit procured is fifty dollars or more be deemed
guilty of a felony and upon conviction thereof be confined in the peniten-
tiary not less than one nor more than five years, or by confinement in jail
not exceeding one year or by fine not exceeding five hundred dollars,
either or both, or if the value be less than the sum, be deemed guilty of
a misdemeanor and be fined not more than one hundred dollars or con-
fined in jail not more than three months.

§ 18.1-120. Whoever puts up at a hotel, motel, or boardinghouse or ob-
tains food from a restaurant or other eating house and, without having an
express agreement for credit, procures food, entertainment or accommoda-
tion without paying therefor and with intent to cheat or defraud the owner
or keeper of such hotel, motel, boardinghouse, restaurant or other eating
house out of the pay for the same; or with intent to cheat or defraud such
owner or keeper out of the pay therefor obtains credit at a hotel, motel,
boardinghouse, restaurant or other eating house for such food, entertain-
ment or accommodation by means of any false show of baggage or effects
brought thereto; or with such intent obtains credit at a hotel, motel, board-
inghouse, restaurant or other eating house for such food, entertainment or
accommodation through any misrepresentation or false statement; or
with such intent removes or causes to be removed any baggage or effects
from a hotel, motel, boarding house, restaurant or other eating house while
there is a lien existing thereon for the proper charges due from him for fare
and board furnished therein, shall be punished by imprisonment not ex-
ceeding three months or by fine not exceeding one hundred dollars, either
or both in the discretion of the jury or the court trying the case without
a jury.

§ 18.1-121. Whoever stores a motor vehicle with any person, firm
or corporation engaged in the business of conducting a garage for the
storage of motor vehicles and furnishing supplies to motor vehicles, and
obtains supplies for such motor vehicle, without having an express agree-
ment for credit, or procures storage, or supplies on account of such motor
vehicle so stored, without paying therefor, and with the intent to cheat
or defraud the owner or keeper of such garage; or with such intent ob-
tains credit at such garage for such storage or supplies through any mis-
representation or false statement; or with such intent removes or causes
to be removed any such motor vehicle from any such garage while there
is a lien existing thereon for the proper charges due from him for storage
or supplies furnished thereon, shall be guilty of a misdemeanor, and on
conviction thereof shall be punished by a fine of not exceeding one hundred
dollars or imprisonment in jail for not exceeding three months, or both.

§ 18.1-122. Any agent, physician or other person who shall knowingly
or wilfully make any false or fraudulent statement or representation of
any material fact:

(1) In or with reference to any application for insurance in any
industrial sick benefit company licensed, or which may be licensed, to do
business in this State,

(2) As to the death or disability of a policy or certificate holder in any
such company,

(3) For the purpose of procuring or attempting to procure the pay-
ment of any false or fraudulent claim against any such company, or

(4) For the purpose of obtaining or attempting to obtain any money
from or benefit in any such company,
Shall be guilty of a misdemeanor.

Any such person who shall wilfully make a false statement of any
material fact or thing in a sworn statement as to the death or disability
of a policy or certificate holder in any such company for the purpose of
procuring payment of a benefit named in the policy or certificate of such
holder, shall be guilty of perjury, and shall be proceeded against and
punished as provided by the statutes of this State in relation to the crime
of perjury.

§ 18.1-123. Every person who by any false pretense shall obtain
from any club, association, society or company for improving the breed
of cattle, horses, sheep, swine or other domestic animals the registration
of any animal in the herd register or other register of any such club,
association, society or company, or a transfer of any such registration,
and every person who shall knowingly give a false pedigree of any animal
shall be guilty of a misdemeanor.

§ 18.1-124. Any person who shall operate, cause to be operated, or
attempt to operate or cause to be operated any coin box telephone, park-
ing meter, vending machine or other machine that operates on the coin-
in-the-slot principle, whether of like kind or not, designed only to re-
ceive lawful coin of the United States of America, in connection with the
use or enjoyment of telephone or telegraph service, parking privileges or
any other service, or the sale of merchandise or other property, by means
of a slug, or any false, counterfeit, mutilated, sweated or foreign coin, or
by any means, method, trick or device whatsoever, not authorized by the
owner, lessee or licensee of such coin box telephone, parking meter, vend-
ing machine or other machine; or who shall obtain or receive telephone
or telegraph service, parking privileges, merchandise, or any other ser-
vice or property from any such coin box telephone, parking meter, vend-
ing machine or other machines, designed only to receive lawful coin of
the United States of America, without depositing in or surrendering to
such coin box telephone, parking meter, vending machine, or other machine
lawful coin of the United States of America to the amount required there-
for by the owner, lessee or licensee of such coin box telephone, parking
meter, vending machine or other machine, shall be guilty of a misde-
meanor.

§ 18.1-125. Any person who, with intent to cheat or defraud the
owner, lessee, licensee or other person entitled to the contents of any
such coin box telephone, parking meter, vending machine or other machine
operated on the coin-in-the-slot principle, designed only to receive lawful
coin of the United States of America, in connection with the use of any
such coin box telephone, parking meter, vending machine or other machine,
or who, knowing or having reason to believe that the same is intended
for such unlawful use, shall manufacture, sell, offer to sell, advertise for
sale or give away any slug, device or substance whatsoever, intended or
calculated to be placed or deposited in any such coin box telephone, park-
ing meter, vending machine or other machine, shall be guilty of a misde-
meanor.

The manufacture, sale, offer for sale, advertisement for sale, giving
away or possession of any such slug, device or substance whatsoever, in-
tended or calculated to be placed or deposited in any such coin box tele-
phone, parking meter, vending machine or other machine that operates
on the coin-in-the-slot principle, shall be prima facie evidence of intent
to cheat or defraud within the meaning of this and the preceding section.

ARTICLE 5
CONCEALMENT OF MERCHANDISE IN STORE

§ 18.1-126. Whoever, without authority, wilfully conceals the goods
or merchandise of any store, while still upon the premises of such store,
shall be deemed guilty of a misdemeanor and upon conviction thereof shall
be punished as provided by law.

§ 18.1-127. A merchant, agent or employee of the merchant, who
causes the arrest of any person pursuant to the provisions of § 18.1-126,
shall not be held civilly liable for unlawful detention, slander, malicious
prosecution, false imprisonment, false arrest, or assault and battery of
the person so arrested, whether such arrest takes place on the premises
of the merchant, or after close pursuit from such premises by such mer-
chant, his agent or employee, provided that, in causing the arrest of such
person, the merchant, agent or employee of the merchant, had at the time
of such arrest probable cause to believe that the person committed wilful
concealment of goods or merchandise.

§ 18.1-128. As used in this article “agents of the merchant” shall in-
clude attendants at any parking lot owned or leased by the merchant, or
generally used by customers of the merchant through any contract or agree-
ment between the owner of the parking lot and the merchant.

ARTICLE 6

MISREPRESENTATIONS AND OTHER OFFENSES
CONNECTED WITH SALES

§ 18.1-129. Any person, firm, association or corporation who or which
intentionally removes, defaces, alters, changes, destroys or obliterates in
any manner or way or who causes to be removed, defaced, altered, changed,
destroyed or obliterated in any manner or way any trademark, distinguish-
ing or identification number, serial number or mark on or from any article
or device, in order to secrete its identification with intent to defraud, shali
be guilty of a misdemeanor.

§ 18.1-130. No person, firm, association or corporation, either indi-
vidually or in association with one or more other persons, firms, associa-
tions or corporations shall remove, change or alter the serial number or
other identification number stamped upon, cut into or attached as a perma-
nent part of any household appliance having a fair retail value of fifty
dollars or more, where such number was stamped upon, cut into or attached
to such appliance by the manufacturer thereof.

No person, firm, association or corporation shall knowingly have in
his or its possession for purposes of resale a household appliance having a
fair retail value of fifty dollars or more, the serial number or other identifi-
cation number of which has been removed, changed or altered.

Any person, firm, association or corporation violating the provisions of
this section shall be guilty of a misdemeanor.

§ 18.1-131. Any person, firm, corporation or association who, with
intent to sell or in any wise dispose of merchandise, securities, service or
anything offered by such person, firm, corporation or association, directly
or indirectly, to the public for sale or distribution, or with intent to increase
the consumption thereof, or to induce the public in any manner to enter
into any obligation relating thereto, or to acquire title thereto, or any in-
terest therein, makes, publishes, disseminates, circulates or places before
the public, or causes, directly or indirectly to be made, published, dis-
seminated, circulated or placed before the public in this State, in a news-
paper or other publications, or in the form of a book, notice, handbill,
poster, blueprint, map, bill, tag, label, circular, pamphlet or letter, or in
any other way, an advertisement of any sort regarding merchandise, se-
curities, service, land, lot or anything so offered to the public, which ad-
vertisement contains any promise, assertion, representation or statement
of fact which is untrue, deceptive or misleading, shall be guilty of a mis-
demeanor. The words “untrue, deceptive and misleading’, as used in this
section, shall be construed as including the advertising in any manner by
any person of any goods, wares or merchandise as a bankrupt stock, re-
ceiver’s stock or trustee’s stock, if such stock contains any goods, wares
or merchandise put therein subsequent to the date of the purchase by
such advertiser of such stock, and if such advertisement of any such stock
fails to set forth the fact that such stock contains other goods, wares or
merchandise put therein, subsequent to the date of the purchase by such
advertiser of such stock in type as large as the type used in any other part
of such advertisement, including the caption of the same, it shall be a
violation of this section.

§ 18.1-132. It shall be unlawful for any person, firm, corporation or
association, not an agency or instrumentality of the United States Govern-
ment, selling or offering for sale goods, wares or merchandise, to use or
cause or permit to be used in the corporate or trade name, or description
of the seller or the place where the goods, wares or merchandise are
offered for sale, any of the following words or expressions, viz., “Army”,
“Navy”, “Marine Corps”, ‘““Marines”, “Coast Guard”, “Government”, “Post
Exchange”, “P-X’’, or “G.I.”

No person, firm, corporation or association selling or offering for sale
any article or merchandise, shall in any manner represent, contrary to fact,
that the article was made for, or acquired directly or indirectly from, the
United States Government or its military or naval forces or any agency of
the United States Government, or that it has been disposed of by the United
States Government.

Any person, firm, corporation or association violating any provision
of this section shall be guilty of a misdemeanor.

§ 18.1-188. Misrepresentation by advertising in the press or by radio
or by television, or misrepresentation by letter, statement, mark repre-
senting grade, quality or condition, label or otherwise in handling, selling,
offering or exposing for sale any agricultural commodities is hereby pro-

ibited.

Any person, firm, association or corporation who shall violate any of
the provisions of this section shall be punished by a fine of not less than
five dollars nor more than five hundred dollars for each offense.

The Director of the Division of Markets, with the approval of the
Commissioner of Agriculture and Immigration, may, in his discretion,
cause prosecutions for violation of this section to be instituted through the
attorneys of the Commonwealth of this State, or otherwise, in counties or
cities of the State where in his opinion violations of this section are found.

§ 18.1-134. It shall be unlawful for any person, firm, association or
corporation, to store, sell, expose for sale or offer for sale any liquid fuels,
lubricating oils or other similar products, in any manner whatsoever, so
as to deceive or tend to deceive the purchaser as to the nature, quality and
identity of the product so sold or offered for sale.

§ 18.1-135. It shall be unlawful for any person, firm, association or
corporation to store, keep, expose for sale, offer for sale or sell, from any
tank or container, or from any pump or other distributing device or equip-
ment, any other liquid fuels, lubricating oils or other similar products
than those indicated by the name, trade name, symbol, sign or other dis-
tinguishing mark or device of the manufacturer or distributor, appearing
upon the tank, container, pump or other distributing equipment from
which the same are sold, offered for sale or distributed.

§ 18.1-136. It shall be unlawful for any person, firm, association or
corporation to disguise or camouflage his or their own equipment by imi-
tating the design, symbol or trade name of the equipment under which
recognized brands of liquid fuels, lubricating oils and similar products are
generally marketed.
§ 18.1-137. It shall be unlawful for any person, firm, association or
corporation to expose for sale, offer for sale or sell, under any trade mark
or trade name in general use, any liquid fuels, lubricating oils or other like
products, except those manufactured or distributed by the manufacturer
or distributor marketing liquid fuels, lubricating oils or other like products
under such trade mark or trade name, or to substitute, mix or adulterate
the liquid fuels, lubricating oils or other similar products sold, offered for
sale or distributed under such trade mark or trade name.

§ 18.1-138. It shall be unlawful for any person, firm, association or
corporation to aid or assist any other person, firm, association or corpora-
tion in the violation of the provisions of §§ 18.1-134 to 18.1-137 by de-
positing or delivering into any tank, receptacle or other container any
other liquid fuels, lubricating oils or like products than those intended to
be stored therein and distributed therefrom, as indicated by the name of
the manufacturer or distributor or the trade mark or trade name of the
product displayed on the container itself, or on the pump or other dis-
tributing device used in connection therewith.

§ 18.1-139. There shall be firmly attached to or painted at or near
the point of outlet from which lubricating oil is drawn or poured out for
sale or delivery a sign or label consisting of the word or words in letters
not less than one inch in height comprising the brand or trade name of
such lubricating oil. But if any lubricating oil shall have no brand or
trade name, the above sign or label shall consist of the words “lubricating
oil, no brand”’.

§ 18.1-140. Any person, firm, association or corporation or any officer,
agent or employee thereof who shall violate any provision of §§ 18.1-134 to
18.1-139, inclusive, upon conviction shall be punished by a fine for the
first offense of not less than twenty-five dollars nor more than two hun-
dred dollars, and for a second or any subsequent offense by a fine of not.
less than fifty dollars nor more than five hundred dollars, or by confine-
ment in jail of not more than one year, or both.

§ 18.1-141. A person who makes or sells or offers to sell or dispose
of or has in his possession with intent to sell or dispose of any article of
merchandise marked, stamped or branded with the words “sterling” or
“sterling silver’, or encased or enclosed in any box, package, cover or
wrapper, or other thing in or by which such article is packed, enclosed or
otherwise prepared for sale or disposition, having thereon any engraving or
printed label, stamp, imprint, mark or trademark indicating or denoting
by such marking, stamping, branding, engraving or printing that such
article is silver, sterling silver or solid silver, unless nine hundred and
twenty-five one thousandths part of the component parts of the metal of
which such article is manufactured is pure silver, shall be guilty of a mis-
demeanor and on conviction thereof shall be fined not less than twenty-five
dollars nor more than one hundred and fifty dollars or be confined in jail
not less than ten days nor more than sixty days or both.

§ 18.1-142. A person who makes or sells or offers to sell or dispose of,
or has in his possession with intent to sell or dispose of, any article of mer-
chandise marked, stamped or branded with words “coin” or “coin silver”,
or encased or enclosed in any box, package, cover, wrapper or other thing
in or by which such article is packed, enclosed, or otherwise prepared for
sale or disposition, having thereon any engraving or printed label, stamp.
imprint, mark or trademark indicating or denoting by such marking,
stamping, branding, engraving or printing that such article is coin or coin
silver, unless nine hundred one-thousandths part of the component parts
of the metal of which such article is manufactured is pure silver, shall be
guilty of a misdemeanor and on conviction thereof shall be fined not less
than twenty-five dollars nor more than one hundred and fifty dollars or be
confined in jail not less than ten nor more than sixty days, or both.

§ 18.1-143. Any person who makes or sells or offers to sell or dispose
of or has in his possession with intent to sell or dispose of any article of
merchandise made of gold of a less carat of fineness than is stamped or
marked on it or of a less carat of fineness than is engraved, stamped or
imprinted on the tag, card, box, label, package, wrapper, cover or other
thing in or by which such article is packed, enclosed or otherwise prepared
for sale or disposition shall be guilty of a misdemeanor and on conviction
thereof shall be fined not less than twenty-five dollars nor more than one
hundred and fifty dollars for such offense or be confined in jail not less than
ten days nor more than sixty days, or both.

§ 18.1-144. Any person, who, with intent to defraud, sells or exposes
for sale any meat or meat preparation, and falsely represents the same:
(1) to be kosher, whether such meat or meat preparation be raw or pre-
pared for human consumption, or (2) as having been prepared under, and
of a product or products sanctioned by, the orthodox Hebrew religious re-
quirements; or who, with like intent, falsely represents any food product or
the contents of any package or container to be so constituted and prepared,
by having or permitting to be inscribed thereon the word “kosher” in any
language, shall be guilty of a misdemeanor.

§ 18.1-145. If any person buy or receive secondhand grate baskets,
keys, bells and bell fixtures, gas fixtures, water fixtures, water pipes, gas
pipes, or any part of such fixtures or pipes with intent to defraud, he shal]
be confined in jail not less than one month nor more than six months.
Possession of any such secondhand baskets, keys, bells and bell fixtures,
water fixtures, gas fixtures, water pipes, gas pipes, or any part of such
fixtures or pipes if bought or received from any other person than the
manufacturer thereof or his authorized agent or the owner thereof shall
be prima facie evidence of such intent.

§ 18.1-146. If any person buy or receive pig iron or railroad, tele-
phone, telegraph, coal mining, industrial, manufacturing or public utility
iron, brass, copper, metal or any composition thereof with intent to de-
fraud, he shall be confined in the penitentiary not less than one year nor
more than two years or in the discretion of the jury or the court trying
the case without a jury, not more than twelve months in jail. Possession
of any pig iron or railroad, telephone, telegraph, coal mining, industrial,
manufacturing or public utility iron, brass, copper, metal or any compo-
sition thereof, if bought or received from any other person than the manu-
facturer thereof or his authorized agent or of a regularly licensed dealer
therein, shall be prima facie evidence of such intent.

ARTICLE 7
OFFENSES RELATING TO RAILROADS AND OTHER UTILITIES

§ 18.1-147. If any person maliciously obstruct, remove or injure any
part of a canal, railroad or urban, suburban or interurban electric railway,
or any lines of any electric power company, or any bridge or fixture thereof,
or maliciously obstruct, tamper with, injure or remove any machinery,
engine, car, trolley, supply or return wires or any other work thereof, or
maliciously open, close, displace, tamper with or injure any switch, switch
point, switch lever, signal lever or signal of any such company, whereby
the life of any passenger or other person on such canal, railroad, urban,
suburban or interurban electric railway, is put in peril, he shall be confined
in the penitentiary not less than two nor more than ten years; and, in the
event of the death of any passenger or other person resulting from such
malicious act, the person so offending shall be deemed guilty of murder,
The degree to be determined by the jury or the court trying the case with-
out a jury.

If any such act be committed unlawfully, but not maliciously, the
person so offending shall, upon conviction thereof, be punished by con-
finement in the penitentiary not less than one nor more than three years,
Or at the discretion of the jury or the court trying the case without a
Jury, be confined in jail not to exceed twelve months and fined not less
Than one hundred dollars nor more than five hundred dollars.

§ 18.1-149. If any person, not being a passenger or employee, but a
trespasser, shall jump on or off any railroad car Or 1 d ,
stay or departure at or from any station or depot of such railroad, or on
the passage of any such car or train over any 4
such person so offending shall be deemed guilty of a misdemeanor, and on
conviction shall be punished by a fine of not less than two dollars and fifty
cents, nor more than ten dollars, or by imprisonment in jail not exceeding
fifteen days, and no other or further punishment or penalty shall be in-
flicted or imposed for any such offense.

§ 18.1-150. If any person, not being a passenger Or employee, shall
be found trespassing upon any railroad car or train of any railroad in this
State, by riding on any car, or any part thereof, on its arrival, stay or de-
parture at or from any station or depot of such railroad, or on the passage
of any such car or train over any part of any such railroad, such person
so offending shall be deemed a disorderly person and on conviction as such
shall be punished by a fine of not less than two dollars and fifty cents nor
exceeding ten dollars, or by imprisonment in jail not exceeding fifteen
days, and no other or further punishment or penalty shall be inflicted or
imposed for any such offense.

§ 181-151. If any person shall wilfully and maliciously take or re-
move the waste or packing from any journal box of any locomotive, engine
tender, carriage, coach, car, caboose or truck used or operated upon any
railroad, whether the same be operated by steam or electricity, he shall
upon conviction thereof, be confined in the penitentiary not less than one
nor more than three years or in jail not less than one nor more than twelve
months, or fined not exceeding five hundred dollars.

§ 18.1-152. If any person maliciously shoot at, or maliciously throw
any stones or other missiles at or against, any train or cars on any railroad
or other transportation company or any vessel or other water craft, or any
motor vehicle or other vehicles when occupied by one or more persons or
so shoot or throw into any dwelling house or other building when occupied
by one or more persons, whereby the life of any passenger, or other person
on such train or car, or on such vessel, or other water craft, or in such
motor vehicle or other vehicle, or in such building, may be put in peril
the person or persons so offending shall, upon conviction thereof. be
punished by confinement in the penitentiary not less than two no PribRe
than ten years; and, in the event of the death of any passenger ee mere
person, resulting from such malicious shooting or throwing, the 0 4
so offending shall be deemed guilty of murder, the degree to be detotmined
by the jury or the court trying the case without a jury. If any such act
be committed unlawfully, ee not. epee the person so offending shall

upon conviction thereof, be punis ed by confinement in the penitentiary

the degree to be determined b
out a jury.
not less than one nor more than three years, or, in the discretion of the
jury or the court trying the case without a jury, be confined in jail not
to exceed twelve months and fined not less than one hundred dollars nor
more than five hundred dollars.

§ 18.1-153. If any person maliciously injure, destroy, molest, or re-
move any switchlamp, flag or other signal used by any railroad, or any
line, wire, post, lamp or any other structure or mechanism used in con-
nection with any signal on a railroad, or destroys or in any manner inter-
feres with the proper working of any signal on a railroad, whereby the life
of any traveler, employee or other person is or may be put in peril he
shall be punished by confinement in the penitentiary not less than two nor
more than ten years, and in the event of the death of any traveler, employee
or other person resulting from such malicious injuring, destroying or re-
moving the person so offending shall be deemed guilty of murder, the de-
gree to be determined by the jury. If such act be done unlawfully but not
maliciously the offender shall, in the discretion of the jury, or the court, if
the case be tried without a jury, be confined in jai] not exceeding twelve
months and fined not exceeding five hundred dollars; provided that in the
event of the death of any traveler, employee or other person resulting from
such unlawful injuring, destroying or removing, the person so offending
shall be deemed guilty of murder or of manslaughter, as the jury may
determine, and shall be confined in the penitentiary not less than one nor
more than three years or be confined in jail not exceeding twelve months
and fined not exceeding five hundred dollars, in the discretion of the jury
or the court, if the case be tried without a jury.

§ 18.1-154. If any person, with a view to the recovery of damages
against a railroad company, wilfully ride, drive, or lead any animal, or
otherwise contrive for any animal to go, on the railroad track of such
company, and such animal is by reason thereof killed or injured, he shall
be guilty of a misdemeanor.

§ 18.1-155. Any person who shall wilfully or maliciously cut, break
down, injure or destroy any fence erected along the line of any railroad,
for the purpose of fencing the track or depot grounds of such road, or
shall break down, injure or destroy any cattle stop along the line of any
railroad, shall be guilty of a misdemeanor.

§ 14.1-156. Any person who shall:

(1) Maliciously injure, molest, cut down or destroy any telephone
or telegraph line, wire, cable or pole, or the material or property belonging
thereto; or

(2) Maliciously cut, break, tap or make any connection with any tele-
phone or telegraph line, wire, cable or instrument of any telegraph or
telephone company which has legally acquired the right of way by pur-
chase, condemnation, or otherwise; or

(3) Maliciously copy in any unauthorized manner any message, either
social, business, or otherwise, passing over any telephone or telegraph line,
wire or cable in this State; or

(4) Wilfully or maliciously prevent, obstruct or delay by any means
or contrivance whatsoever the sending, conveyance or delivery in this
State of any authorized communication by or through any telephone or
telegraph line, wire or cable under the control of any telephone or tele-
graph company doing business in this State; or

(5) Maliciously aid, agree with, employ or conspire with any unau-
thorized person or persons unlawfully to do or cause to be done any of
the acts hereinbefore mentioned,

Shall be guilty of a misdemeanor. _ .

§ 18.1-157. Any person who shall wilfully or maliciously break, injure
or otherwise destroy or damage any of the posts, wires, towers or other
materials or fixtures employed in the construction or use of any line of a
television coaxial cable, or a microwave radio system, or wilfully or
maliciously interfere with such structure so erected, or in any way attempt
to lead from its uses or make use of the electrical signal or any portion
thereof properly belonging to or in use or in readiness to be made use of
for the purpose of using said electrical signal from any television coaxial
cable company or microwave system or owner of such property, shall be
guilty of a misdemeanor.

§ 18.1-158. Any person who shall unlawfully injure or destroy, or,
having the right to prevent it, shall permit to be injured or destroyed, any
meter, pipe, conduit, wire, line, post, lamp or other apparatus belonging
to a city or town, or to a company engaged in the manufacture or sale of
electricity or gas for lighting or power purposes, or who shall unlawfully
prevent an electric or gas meter from duly registering the quantity of
electricity or gas supplied, or in any way unlawfully interfere with its
proper action or just registration, or who shall without the consent of such
company or city or town unlawfully divert any electric current from any
wire of such company or city or town, or who shall otherwise unlawfully
use or cause to be used without the consent of such company or city or town
any electricity or gas manufactured or distributed by such company or
city or town, shall be guilty of a misdemeanor.

ARTICLE 8

DAMAGE TO PROPERTY ; TRESPASSES

§ 18.1-159. If any person maliciously administer poison to or expose
it with intent that it shall be taken by any horse, cattle or other beast of
any other person; or if he poison or kill his own horse, cattle or other beast
for the purpose of defrauding any insurer thereof; or if any person ma-
liciously shoot, stab, cut or wound any horse, mule or cattle of any person
with intent to kill or injure the same, he shall be confined in the peniten-
tiary not less than two nor more than ten years. And if any person un-
lawfully shoot, stab, cut or wound any horse, mule or cattle of any person,
or unlawfully and maliciously shoot, stab, cut or otherwise wound or poison
any fowl of another, or any dog of another if such dog is under four months
old, or if such dog is over four months old and has been licensed as re-
quired by law, with intent to maim, disfigure, disable or kill the same, he
shall be guilty of a misdemeanor.

§ 18.1-160. It shall be unlawful for any person at any time or in any
manner to hunt, pursue, take, capture, wound, maim, disfigure, or kill any
homing pigeon of another person, or to make use of any pit or pitfall,
scaffold, cage, snare, trap, net, baited hook or similar device or drug, poison
chemical or explosive, for the purpose of injuring, capturing or killing any
such homing pigeon.

Any person violating any of the foregoing provisions shall be guilty
of a misdemeanor.

§ 18.1-161. If any person after having rented or leased from any
other person an animal, aircraft, vehicle, boat or vessel shall wilfully injure
or damage the same, by hard or reckless driving or using or by using the
same in violation of any statute of this State, or allow or permit any other
person so to do, or hire the same to any other person without the consent of
the bailor, such person shall be guilty of a misdemeanor.

§ 18.1-162. If any person procure any such animal, aircraft, vehicle,
boat or vessel mentioned in § 18.1-161, by fraud or by misrepresenting
himself as some other person or with the intent to cheat or defraud such
other person, he shall be guilty of a misdemeanor. The failure to pay the
rental for or damage to such animal, aircraft, vehicle, boat or vessel, or
absconding without paying such rental or damage, shall be prima facie
evidence of the intent to defraud at the time of renting or leasing such
animal, aircraft, vehicle, boat or vessel.

_ § 18.1-163. If any person comes into the possession as bailee of any
animal, aircraft, vehicle, boat or vessel, and fail to return the same to the
bailor, in accordance with the bailment agreement, he shall be deemed
guilty of larceny thereof and receive the same punishment, according to
the value of the thing stolen, prescribed for the punishment of the larceny
of goods and chattels. The failure to return to the bailor such animal, air-
craft, vehicle, boat or vessel, within five days from the time the bailee has
agreed in writing to return the same shall be prima facie evidence of
larceny by such bailee of such animal, aircraft, vehicle, boat or vessel.

§ 18.1-164. Any person who shall take, drive or use any animal, air-
craft, vehicle, boat or vessel, not his own, without the consent of the owner
thereof and in the absence of the owner, and with intent temporarily to
deprive the owner thereof of his possession thereof, without intent to steal
the same, shall be confined in the penitentiary not less than one nor more
than five years or, in the discretion of the jury or the court trying the case
without a jury, confined in jail not exceeding twelve months and fined not
exceeding five hundred dollars. The consent of the owner of an animal,
aircraft, vehicle, boat or vessel to its taking, driving or using shall not in
any case be presumed or implied because of such owner’s consent on a
previous occasion to the taking, driving or using of such animal, aircraft,
vehicle, boat or vessel by the same or a different person. Any person who
assists in, or is a party or accessory to, or an accomplice in, any such un-
authorized taking, driving or using shall be subject to the same punish-
ment as if he were the principal offender.

§ 18.1-165. Any person who with intent to procure or pass title to a
vehicle, aircraft, boat or vessel, which he knows or has reason to believe
has been stolen shall receive or transfer possession of the same from one
to another or who shall with like intent have in his possession any vehicle,
aircraft, boat or vessel which he knows or has reason to believe has been
stolen, and who is not an officer of the law engaged at the time in the per-
formance of his duty as an officer, shall be guilty of a felony and upon
conviction shall be punished by imprisonment in the penitentiary for a
term not less than one nor more than five years, or by a fine of not less
than five hundred dollars nor more than five thousand dollars, or by both
such fine and imprisonment.

§ 18.1-166. Any person who shall individually or in association with
one or more others wilfully break, injure, tamper with or remove any part
or parts of any vehicle, aircraft, boat or vessel for the purpose of injuring,
defacing or destroying said vehicle, aircraft, boat or vessel, or temporarily
or permanently preventing its useful operation, or for any purpose against
the will or without the consent of the owner of such vehicle, aircraft, boat
or vessel, or who shall in any other manner wilfully or maliciously interfere
with or prevent the running or operation of such vehicle, aircraft, boat or
vessel, shall be guilty of a misdemeanor.

§ 18.1-167. Any person who shall, without the consent of the owner
or person in charge of a vehicle, aircraft, boat or vessel, climb into or upon
such vehicle, aircraft, boat or vessel, with intent to commit any crime,
malicious mischief, or injury thereto, or who, while a vehicle, aircraft, boat
or vessel is at rest and unattended, shall attempt to manipulate any of the
levers and starting crank or other device, brakes or mechanism thereof or to
set such vehicle, aircraft, boat or vessel in motion, with the intent to com-
mit any crime, malicious mischief, or injury thereto, shall be guilty of a
misdemeanor, except that the foregoing provision shall not apply when any
such act is done in an emergency or in furtherance of public safety or by
or under the direction of an officer in the regulation of traffic or perform-
ance of any other official duty.

§ 18.1-168. The provisions of § § 18.1-164, 18.1-166 and 18.1-167 shall
not apply to a bona fide repossession of a vehicle, aircraft, boat or vessel by
the holder of a lien on such vehicle, aircraft, boat or vessel, or by the agents
or employees of such lien holder.

§ 18.1-169. If any person, with intent to commit larceny therefrom,
break and open, or open, or carry away, any pump, tank, or other similar
equipment or container used for dispensing or storing kerosene, gasoline or
motor oils, he shall upon conviction be confined in the penitentiary not less
than one nor more than ten years, or, in the discretion of the jury or the
court trying the case without a jury, confined in jail not exceeding twelve
months and fined not exceeding five hundred dollars.

§ 18.1-170. If any person wilfully scuttle, cast away or otherwise dis-
pose of, or in any manner destroy, except as otherwise provided, a ship,
vessel or other water craft, with intent to injure or defraud any owner
thereof or of any property on board the same, or any insurer of such ship,
vessel or other water craft, or any part thereof, or of any such property on
board the same, if the same be of the value of fifty dollars, he shall be con-
fined in the penitentiary not less than one nor more than ten years, but if
it be of less value than fifty dollars, he shall be guilty of a misdemeanor.

§ 18.1-172. If any person, unlawfully, but not feloniously, take and
carry away, or destroy, deface or injure any property, real or personal, not
his own, or break down, destroy, deface, injure or remove any monument
erected for the purpose of marking the site of any engagement fought dur-
ing the War between the States, or for the purpose of designating the
boundaries of any city, town, tract of land, or any tree marked for that
purpose, he shall be guilty of a misdemeanor.

§ 18.1-173. If any person shall without authority of law go upon or
remain upon the lands, buildings or premises of another, or any part,
portion or area thereof, after having been forbidden to do so, either orally
or in writing, by the owner, lessee, custodian or other person lawfully in
charge thereof, or after having been forbidden to do so by a sign or signs
posted on such lands, buildings, premises or part, portion or area thereof
at a place or places where it or they may be reasonably seen, he shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine of not more than one thousand dollars or by confine-
ment in jail not exceeding twelve months, or by both such fine and im-
prisonment.

This section shall not be construed to affect in any way the provisions
of §§ 29-165 to 29-170.

§ 18.1-173.1. If any person shall solicit, urge, encourage, exhort, in-
stigate or procure another or others to go upon or remain upon the lands,
buildings, or premises of another, or any part, portion or area thereof,
knowing such other person or persons to have been forbidden, either orally
or in writing, to do so by the owner, lessee, custodian or other person law-
fully in charge thereof, or knowing such other person or persons to have
been forbidden to do so by a sign or signs posted on such lands, buildings,
premises or part, portion or area thereof at a place or places where it or
they may reasonably be seen; or if any person shall, on such lands, build-
ings, premises or part, portion or area thereof prevent or seek to prevent
the owner, lessee, custodian, person in charge or any of his employees
from rendering service to any person or persons not so forbidden, he shall
be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine of not more than one thousand dollars or by confinement
in jail not exceeding twelve months, or by both such fine and imprisonment.

§ 18.1-174. If any person shall unlawfully enter upon the property of
another, in the nighttime, and secretly or furtively peep through or at-
tempt to so peep, into, through, or spy through, a window, door or other
aperture of any building, structure, sr other enclosure of any nature occu-
pied or intended for occupancy as a awelling, whether or not such building,
structure or enclosure be permanently situated or transportable and
whether or not such occupancy be permanent or temporary, such person
shall be guilty of a misdemeanor.

§ 18.1-175. When the State Highway Commissioner shall have desig-
nated lands or any interest therein to be included in the Blue Ridge Park-
way, and shall have filed with the clerk of the court of the county wherein
the lands or the major portion thereof are located a description of such
lands and property which are necessary and requisite for such parkway,
and paid into court or to the clerk thereof for the benefit of the landowner
a sum in accordance with § 33-70, no person shall cut or remove any timber
from such lands pending the institution and final determination of con-
demnation proceedings for the acquisition of such lands or any interest

erein.

_ Any person violating the provisions of this section shall be deemed
guilty of a misdemeanor and, upon conviction thereof, shall be punished
accordingly; and the proper court shall have jurisdiction to enjoin any
violation or attempted violation of any of the provisions of this section.

§ 18.1-176. If any person, without permission of the owner, pull down
the fence of another and leave the same down, or, without permission, open
and leave open the gate of another, or any gate across a public road estab-
lished by order of court, or if any person other than the owner or owners of
the lands through which a line of railroad runs open and leave open a gate
at any public or private crossing of the right-of-way of a railroad, he shall
be fined not less than five nor more than twenty dollars.

§ 18.1-177. If any person wilfully and maliciously break any window
or door of the Capitol, or any courthouse, house of public worship, college,
school house, city or town hall, or other public building or library, or wil-
fully and maliciously injure or deface the Capitol, or any statuary in the
Capitol, or on the Capitol Square, or in any other public buildings or on any
public grounds; or wilfully and maliciously injure or deface any courthouse,
house of public worship, or city or town hall, or any other public building;
or wilfully and maliciously destroy or carry away any furniture belonging
to, or in any of such buildings; or wilfully and unlawfully injure or deface
any book, newspaper, magazine, pamphlet, map, picture, manuscript or
other property belonging to any library, reading room, museum or other
educational institution, or unlawfully remove the same therefrom, he shall
be guilty of a misdemeanor.

§ 18.1-178. It shall be unlawful for any person to pick, pull, pull up,
tear, tear up, dig, dig up, cut, break, injure, burn or destroy, in whole or in
part, any tree, shrub, vine, plant, flower or turf found, growing or being
upon the land of another, or upon any land reserved, set aside or maintained
by the State as a public park, or as a refuge or sanctuary for wild animals,
birds or fish or to deposit any trash, debris, garbage or litter thereon, with-
out having previously obtained the permission in writing of such other or
his agent or of the superintendent or custodian of such park, refuge or
sanctuary so to do, unless the same be done under the personal direction
of such owner, his agent, tenant or lessee or superintendent or custodian
of such park, refuge or sanctuary.

Any person violating this section shall be guilty of a misdemeanor;
provided, however, that the approval of the owner, his agent, tenant or
lessee, or the superintendent or custodian of such park or sanctuary after-
wards given in writing or in open court shall be a bar to further prosecution
or suit.
§ 18.1-179. It shall be unlawful for any person other than the owner,
his agent or assigns to cut, fell, mutilate or destroy in any manner any tree
in any county of Virginia; and it also shall be unlawful for any person to
carry any axe other than a belt axe with a handle less than twenty inches,
saw or other tool or instrument customarily used for the purpose of cutting,
felling, mutilating or destroying trees while hunting for game or wildlife
without obtaining prior permission of the landowner. Any person violating
the provisions of this section shall be guilty of a misdemeanor and upon con-
viction punished accordingly.

Game wardens, sheriffs and all law enforcement officers shall enforce
the provisions of this section.

§ 18.1-180. If any person:

(1) Cut down, pull up, girdle or otherwise injure or destroy any tree
growing in the grounds of the Capitol, or in any public square or grounds,
without the consent of the Governor, or of the circuit court or corporation
court of the county or city in which such grounds or square is situated; or

(2) Wilfully and maliciously injure the fences or herbage of the Cap-
itol grounds, or of any such square or grounds,

He shall be fined not exceeding three hundred dollars.

§ 18.1-181. If any person, without the consent of the owner, pro-
prietor or custodian, go or enter in the nighttime, upon the premises, prop-
erty, driveways or walks of any cemetery, either public or private, for any
purpose other than to visit the burial lot or grave of some member of his
family, he shall be guilty of a trespass and upon a conviction thereof shall
be fined not more than twenty-five dollars.

§18.1-182. It shall be unlawful for any person, without the consent of
some person authorized to give such consent, to go or enter upon, in the
nighttime, the premises or property of any church or upon any school
property for any purpose other than to attend a meeting or service held or
conducted in such church or school property.

Any person violating the provisions of this section shall be guilty of a
trespass and upon conviction shall be fined not less than five nor more than
twenty-five dollars.

§ 18.1-183. It shall be unlawful for any person to enter the land,
dwelling, outhouse or any other building of another for the purpose of dam-
aging such property or any of the contents thereof or in any manner to
interfere with the rights of the owner, user or the occupant thereof to use
such property free from interference.

Any person violating the provisions of this section shall be guilty of a
misdemeanor.

ARTICLE 9
MISCELLANEOUS OFFENSES

§ 18.1-184. If any person threaten injury to the character, person, or
property of another person or accuse him of any offense and thereby extort
money, property, or pecuniary benefit or any note, bond, or other evidence
of debt from him or any other person, he shall be confined in the peniten-
tiary not less than one nor more than ten years or, in the discretion of the
jury or the court trying the case without a jury, be confined in jail not
exceeding one year and fined not exceeding one thousand dollars, either or

oth.

§ 18.1-185. If any person import or bring from any other state or
country into this State, for breeding purposes, any bull which is not regis-
tered, or entitled to registration, in some recognized standard and accred-
ited herd of cattle, or three-quarter blood of such breed, such person shall
be guilty of a misdemeanor.

§ 18.1-186. If any person use for breeding purposes in this State any
bull imported or brought from any other state or country into this State,
unless such bull be registered, or entitled to registration, in some recog-
nized standard and accredited herd of cattle, or three-quarters blood of such
breed, such person shall be guilty of a misdemeanor.

CHAP. 4
OFFENSES AGAINST MORALITY AND DECENCY

ARTICLE 1
SEXUAL OFFENSES, PROSTITUTION, ETC.

§ 18.1-187. Any person, being married, who voluntarily shall have
sexual intercourse with any person not his or her spouse shall be deemed
guilty of adultery.

§ 18.1-188. Any person, not being married, who voluntarily shall have
nine intercourse with any other person shall be deemed guilty of fornica-

ion.

§ 18.1-189. Omitted.

§ 18.1-190. If any person commit adultery or fornication, such person
shall be guilty of a misdemeanor and shall be punished by a fine of not less
than twenty dollars nor more than one hundred dollars.

§ 18.1-191. If any person commit adultery or fornication with any per-
son whom he or she is forbidden by law to marry such person shall be guilty
of a misdemeanor; provided, however, that if such person commit adultery
or fornication with his daughter or granddaughter, or with her son or
grandson, or her father or his mother, such person shall be punished by
confinement in the penitentiary for not less than one nor more than ten
years, or, in the discretion of the jury or the court trying the case without
a jury, by confinement in jail for not more than twelve months and by a
fine of not more than one thousand dollars, either or both.

§ 18.1-192. If any person, being married, shall conspire with any
other person or persons to cause the spouse of such married person to com-
mit adultery for the purpose of securing from said spouse a divorce or for
any other purpose and any act in furtherance of such conspiracy is done,
such married person shall be confined in the penitentiary not less than one
nor more than ten years; and if any person shall conspire with a married
person to cause the spouse of such married person to commit adultery for
any purpose aforesaid and any act in furtherance of such conspiracy is
done, such person shall be confined in the penitentiary not less than one nor
more than five years.

§ 18.1-193. If any persons, not married to each other, lewdly and
lasciviously associate and cohabit together, or, whether married or not, be
guilty of open and gross lewdness and lasciviousness, they shall be fined
not less than fifty nor more than five hundred dollars; and, upon a repeti-
tion of the offense, and conviction thereof, they may also be confined in jail
not less than six nor more than twelve months.

§ 18.1-194. Any person who, for money or its equivalent, commits
adultery or fornication, or offers to commit adultery or fornication and
thereafter does any substantial act in furtherance thereof, shall be guilty of
being a prostitute, or prostitution, which shall be a misdemeanor.

§ 18.1-195. It shall be unlawful for any person to frequent, reside in
or at or visit, for immoral purposes, any bawdy place. For the purposes of
this and each other section of this article “bawdy place” shall mean any
place within or without any building or structure within this State which
is used or is to be used for lewdness, assignation or prostitution: and the
term shall include, but shall not be limited to, every house of prostitution,
house of ill-fame, bawdy house, house of assignation and brothel.

§ 18.1-196. It shall be unlawful for any person to keep any bawdy
place, or, with knowledge or reason to believe the same is to be used for
immoral purposes, any place where persons may meet for the purpose of
prostitution or unlawful sexual intercourse in this State. Each and every
day such bawdy place or such other place shall be kept, or any prostitute
kept or harbored or permitted to remain therein or thereat for immoral
purposes, shall constitute a separate offense. In a prosecution for this
offense, the general reputation of the place may be proved.

§ 18.1-197. It shall be unlawful for any person, firm or corporation or
any officer, employee or agent thereof, with knowledge of, or good reason
to believe, the immoral purpose of such visit, to take or transport or assist
in taking or transporting, or offer to take or transport on foot or in any
way, any person to a place, whether within or without any building or struc-
ture, used or to be used for the purpose of lewdness, assignation or prosti-
tution within this State; or procure or assist in procuring for the purpose
of illicit sexual intercourse, or to give any information or direction to any
person with intent to enable such person to commit an act of prostitution.

§ 18.1-198. It shall be unlawful for any owner or chauffeur of any
vehicle, with knowledge or reason to believe the same is to be used for such
purpose, to use the same or to allow the same to be used for the purpose of
prostitution or unlawful sexual intercourse, or to aid or promote such pros-
titution or unlawful sexual intercourse by the use of any such vehicle.

§ 18.1-199. Every person convicted of being a prostitute and every
person convicted of violating any of the provisions of § § 18.1-195 through
18.1-198 shall be confined in jail not to exceed twelve months; provided,
however, that in every case in which a city or county farm or hospital is
available for the confinement of persons so convicted, confinement shall be
in such farm or hospital, as in the discretion of the court or judge is deemed
best. Every judge is authorized to commit, with the consent of the farm
board, persons so convicted to any county or city farm established in ac-
cordance with § 53-195, or any hospital for the treatment of venereal dis-
ease which have been or may be established in this Commonwealth.

§ 18.1-200. Whenever any court of record or judge thereof, or any
county, municipal, or juvenile and domestic relations court or judge
thereof, in the exercise of sound discretion shall determine that it is neces-
sary for the protection of the public health or safety or for the promotion
of the public welfare, through the rehabilitation of any person, such court
or judge may, in lieu of imposing any sentence or fine provided by law for
such offenses, commit to the control and supervision of the Board of Wel-
fare and Institutions, for rehabilitation, for an indeterminate period of not
less than three months nor more than three years any person who, in such
court or before such judge, is convicted in this State:

(1) Of being a prostitute, or

(2) Of being a keeper, inmate or frequenter of a bawdy place, or

(3) Of soliciting for immoral purposes, or

(4) Of vagrancy, or

(5) Of contributing to the delinquency, neglect or dependency of a
minor under the age of eighteen years.

When a person is tried for any offense enumerated in this section or
is adjudged guilty of such offense, the court may, before fixing punish-
ment, imposing sentence, or ordering a commitment, direct any probation
officer or agency performing probation services for such court to
thoroughly investigate and report upon the history of the accused and
any and all relevant facts, to the end that the court may be fully advised
as to the appropriate and just sentence to be imposed or commitment to
be ordered.

Any person so committed to the Board of Welfare and Institutions may
be recommitted by the committing court or judge upon application of the
Board to a State institution or to such other institution as may be approved
by it as being suitable for the proper care of such persons, and being
equipped to give medical treatment to such of them as may be diseased, and
industrial training to such of them as may be in need thereof.

All such institutions, except State institutions, shall receive from the
State the same fees as are allowed by law to jailers.

_ During any such period of commitment or recommitment, the commit-
ting court or judge thereof may, upon its own motion or upon application
of the Board, reduce or increase such period of commitment.

18.1-201. The Board of Welfare and Institutions shall make a care-
ful physical, mental and social examination of every person committed to it
under the provisions of § 18.1-200, and shall investigate such person’s per-
sonal and family history in order that plans for his or her training, rehabili-
tation, release and supervision may be adequately undertaken. The commit-
ting court may require the Board to report at any time or times, subsequent
to the minimum commitment period prescribed by § 18.1-200, upon the
Board’s observations, findings and recommendations with respect to any
such person.

18.1-202. If the Board of Welfare and Institutions finds it not
possible or expedient to place such persons as are committed to it under the
provisions of § 18.1-200 in the institutions referred to in that section, the
committing court on application of the Board may place such persons on
probation. The Board may at any time order the release of such persons
when satisfied that such release is conducive to the welfare of such persons
and will not be detrimental to the public health or the public welfare, and
may prescribe reasonable terms or conditions upon which such release is
granted. If any person so released violates the terms or conditions of his
or her release, the county, municipal or juvenile and domestic relations
court exercising jurisdiction in the city or county wherein such violation
occurs may revoke the order of release and direct his or her apprehension
and detention by the proper law enforcement officers and his or her re-
turn to the Board, and such court, on its own motion or on application of
the Board, may recommit such person to an institution or make such other
disposition as may be provided by law. In no case shall the total period
of probation, confinement, supervision and reconfinement exceed three
years.

§ 18.1-208. (1) No drug, medicinal preparation, appliance, device or
other article intended or having special utility for the prevention of vene-
real disease, hereinafter referred to as device, shall be sold or otherwise
disposed of in this State except by duly licensed practitioners of medicine;
and in pharmacies and retail outlets. Pharmacies and retail stores desiring
to sell such devices shall apply in writing to the State Board of Pharmacy
and the Board shall issue a permit for the sale thereof. Such devices may
be sold by wholesalers regularly transacting business as such, but it shall
be unlawful for any wholesaler to knowingly sell such devices to any un-
licensed retailer.

(2) The offering for sale, distribution or other disposition by means of
a vending machine or other automatic machine of such devices is expressly
prohibited.

(3) Any such vending machine or other automatic machine shall be
destroyed when found in violation hereof. Possession of such devices by
any unlicensed retailer in his place of business shall be prima facie evidence
of sale.

(4) The State Board of Pharmacy shall enforce the terms of this
section and may establish minimum standards of quality for such devices
which standards of quality shall be such as will tend to reduce the likelihood
of contracting a venereal disease.
(5) Any person who violates any of the provisions of this section or
regulation of the Board shall be guilty of a misdemeanor.

§ 18.1-204. Any person who:

(1) Takes, harbors, inveigles, entices, persuades or encourages, either
by threats or promises, or by any device or scheme takes, or causes to be
taken, any female into a bawdy place, or elsewhere against her will, for
the purpose of prostitution or unlawful intercourse; or,

(2) Takes or detains a female unlawfully against her will with the
intent to compel her, by force, threats, persuasions, menace or duress, to
marry him or to marry any other person, or to be defiled; or,

(3) Being parent, guardian or any other person having legal charge
of the person of a female, consents to her being taken or detained by any
person for the purpose of prostitution or sexual intercourse;

Is guilty of pandering, and shall be punished by confinement in the
penitentiary for a term of not less than one year nor more than ten years
and by a fine of not more than one thousand dollars.

§ 18.1-205. Any person who shall place any female in the charge or
custody of any other person or persons for immoral purposes, or in a house
of prostitution, with the intent that she shall live a life of prostitution, or
any person who shall compel any female to reside with him, or with any
other person for immoral purposes, or for the purposes of prostitution, or
compel her to live a life of prostitution, shall be guilty of pandering, and
shall be punished by a fine of not less than one thousand dollars and by
confinement in the penitentiary for not less than one year nor more than
ten years.

§ 18.1-206. Any person who shall receive any money or other valuable
thing for or on account of procuring for or placing in a house of prostitu-
tion or elsewhere any female for the purpose of causing her to cohabit
with any male person shall be guilty of a felony, and upon conviction
thereof shall be confined in the penitentiary for not less than one year nor
more than ten years.

§ 18.1-207. Any person who, by force, fraud, intimidation or threats,
places or leaves, or procures any other person to place or leave his wife
in a house of prostitution or to lead a life of prostitution, shall be guilty
of pandering, and upon conviction thereof shall be confined in the peniten-
tiary not less than three years nor more than ten years.

§ 18.1-208. Any person who shall knowingly receive any money or
other valuable thing from the earnings of any female engaged in prostitu-
tion, except for a consideration deemed good and valuable in law, shall be
guilty of pandering, and on conviction be confined in the penitentiary not
less than one year nor more than ten years, and fined not more than five
hundred dollars.

§ 18.1-209. Any person who shall detain any female in a disorderly
house or house of prostitution because of any debt or debts she has con-
tracted, or is said to have contracted, while living in such house of prosti-
tution or disorderly house, shall be guilty of felony, and on conviction
thereof shall be confined in the penitentiary for a term not less than one
nor more than ten years.

§ 18.1-210. Any person transporting or attempting to transport
through or across this State, any female for any of the purposes within
the intent of §§ 18.1-204 through 18.1-212, may be presented, indicted,
tried and convicted in any county or city in which any part of such trans-
portation may have taken place.

§ 18.1-211. Any female referred to in §§ 18.1-204 through 18.1-212
shall be a competent witness in any prosecution under such sections to
testify to any and all matters, including conversations with the accused
or by him with third persons in her presence, notwithstanding she may
have married the accused either before or after the violation of any of the
provisions of this section; but she shall not be compelled to testify after
such marriage.

§ 18.1-212. If any person shall carnally know in any manner any
brute animal, or carnally know any male or female person by the anus
or by or with the mouth, or voluntarily submit to such carnal knowledge,
he or she shall be guilty of a felony and shall be confined in the penitentiary
not less than one year nor more than three years.

_§ 18.1-218. Any person twenty-one years of age or over who, with
lascivious intent, entices, allures, persuades or invites, or attempts to en-
tice, allure, persuade or invite, any child under fourteen years of age to
whom such person is not legally married to enter any vehicle, room, house,
office or other place for the purpose of:

(1) Proposing to such child the performance of an act of sexual inter-
course or any act constituting an offense under § 18.1-212; or

(2) Fondling or feeling of the sexual or genital parts of such child or
the breast of such child if the child be female; or

(3) Committing an aggravated assault upon such child; or

(4) Proposing that such child fondle or feel of the sexual or genital
parts of such person, shall be guilty of a felony and shall be confined in
the penitentiary not less than two nor more than five years or, in the dis-
cretion of the jury or the court trying the case without a jury, confined
in jail not more than twelve months or fined not more than five hundred
dollars, or both.

§ 18.1-214. Any person twenty-one years of age or over who, with
lascivious intent, shall knowingly and intentionally expose his or her sexual
or genital parts to any child under the age of fourteen years to whom such
person is not legally married shall be guilty of a felony and shall be con-
fined in the penitentiary not less than two nor more than five years, or,
in the discretion of the jury or the court trying the case without a jury,
confined in jail not more than twelve months or fined not more than five
hundred dollars, or both.

§ 18.1-215. Any person twenty-one years of age or over who, with
lascivious intent, shall knowingly and intentionally:

(1) Place, or attempt to place, his or her hand or hands, or any por-
tion of his or her hand or hands, upon or against a sexual or genital part
of any child under the age of fourteen years to whom such person is no*
legally married; or

(2) In any way or manner fondle or feel, or attempt to fondle or
feel, of a sexual or genital part of any child under the age of fourteen
years to whom such person is not legally married; or

(3) Place, or attempt to place, his or her hand or hands, or any part
of his or her hands, upon the breast of a female under the age of fourteen
years to whom such person is not legally married; or

(4) In any way or manner fondle or feel, or attempt to fondle or feel,
the breast of a female under the age of fourteen years to whom such per-
son is not legally married, shall be guilty of a felony and shall be confined
in the penitentiary not less than two nor more than five years or, in the
discretion of the jury or the court trying the case without a jury, confined
in jail not more than twelve months or fined not more than five hundred
dollars, or both.

ARTICLE 2
CRUELTY TO ANIMALS

§ 18.1-216. Any person who (1) overrides, overdrives, overloads, tor-
tures, ill-treats, or cruelly or unnecessarily beats, maims, mutilates, or
kills any animal, whether belonging to himself or another, or deprives any
animal of necessary sustenance, food, or drink, or causes any of the above
things, or being the owner of such animal permits such acts to be done by
another, or (2) wilfully sets on foot, instigates, engages in, or in any way
furthers any act of cruelty to any animal; or (3) shall carry or cause to
be carried in or upon any vehicle or vessel or otherwise any animal in &
cruel, brutal, or inhuman manner, so as to produce torture or unnecessary
suffering, shall be guilty of a misdemeanor; but nothing in this section shall
be construed to prohibit the dehorning of cattle.

§ 18.1-217. Any officer or agent of any society duly incorporated un-
der the laws of this State for the prevention of cruelty to animals, whose
appointment shall have been approved as hereinafter provided, shall have
power to arrest, without warrant, any person found violating in his pres-
ence any of the provisions of law concerning cruelty to animals, and upon
making such arrest shall forthwith convey the person arrested before some
court or magistrate having jurisdiction of the offense and there make com-
plaint against him. And any such officer or agent shall have power to
execute any warrant issued by a magistrate for the violation of any of such
provisions, whether the offense was committed in his presence or not.

But such officers and agents shall not be authorized to make such ar-
rests within any municipal corporation, unless their appointment has been
approved by the judge of the corporation court thereof, nor within any
county beyond the limits of a municipal corporation, unless their appoint-
ment has been approved by the judge of the circuit court of such county.

§ 18.1-218. Each such officer and agent shall give bond with surety in
the circuit court of the county, or the corporation court of the city, in which
the principal office of the society appointing him is located, in the penalty
of five hundred dollars, with security conditioned according to law and
that such officer or agent will not knowingly make a false or improper
arrest. Such bond shall be effective and operative in any county or corpora-
tion for which such agent may be subsequently appointed. Such officers
and agents shall be provided with a certificate by the society appointing
them that they are such officers or agents, in such form as the directors
of the society may choose. Such certificate shall also bear the written ap-
proval by the corporation or circuit judge of such appointment, as pro-
vided for in the preceding section. And such officers and agents shall, if
requested, show such certificates when acting officially.

In no case shall the appointment of such officers or agents, or any
services performed by them, entail any cost or expense upon such county or
municipal corporation or upon the State.

§ 18.1-219. Any such officer or agent whose appointment shall have
been approved as provided in § 18.1-217 shall interfere to prevent the per-
petration of any act of cruelty upon any animal in his presence, and every
person who shall interfere with or obstruct or resist any such officer or
agent in the discharge of his rights, powers, and duties as authorized and
prescribed by law shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be fined not more than fifty dollars or confined in
jail not more than thirty days, or both.

§ 18.1-220. When a sworn complaint is made to any proper authority
by any such agent or officer that the complainant believes and has reason-
able cause to believe that the laws in relation to cruelty to animals have
been, are being, or are about to be violated in any particular building or
place, such authority, if satisfied that there is reasonable cause for such
belief, shall issue a warrant authorizing any sheriff, deputy sheriff, ser-
geant, deputy sergeant or police officer to search such building or place;
but no such search shall be made after sunset unless specially authorized
by such authority upon satisfactory cause shown.

§ 18.1-221. Any such agent or officer may lawfully destroy, or cause
to be destroyed, any animal in his charge or found abandoned or not prop-
erly cared for, when, in the judgment of such agent or officer and two repu-
table citizens called to view the same in his presence, one of whom may be
selected by the owner of such animal, if he should so request, and who shall
give their written certificate thereto, such animal appears to be injured,
disabled, diseased, past recovery, or unfit for any useful purpose, and should
the two citizens called in as above disagree they shall select a third, and his
decision shall be final.

§ 18.1-222. When any person arrested under any provision of law
concerning cruelty to animals is at the time of such arrest in charge of
any vehicle drawn by or containing any animal cruelly treated, any such
agent or officer of such society may take charge of such animal and of such
vehicle and its contents and shall give notice thereof to the owner if known,
and shall care and provide for them until their owner shall take charge of
them, which he shall do within thirty days from the date of such notice.
The society shall have a lien on such animals and vehicles for the expenses
ate gare and provision, and such lien may be enforced as provided in

§ 18.1-223. Any such officer or agent may lawfully take charge of
any animal found abandoned, neglected, or cruelly treated or unfit for use,
and shall thereupon give notice thereof to the owner, if known, and may
provide for such animal until the owner takes charge of the same, and the
expenses of such care and provision shall be a charge against the owner
of such animal, collectible from the owner at the suit of the society whose
officer or agent may have taken charge of such animal.

§ 18.1-224. When any such society, acting through its agents or of-
ficers, shall provide a neglected or abandoned animal, or any other animal,
taken charge of by the society, as hereinbefore provided, with proper food,
shelter, and care, it may detain such animal until the expense of such food,
shelter, and care is paid, and shall have a lien upon such animal therefor,
and if such expense be not paid within thirty days after such food, shelter,
and care begins to be furnished, as aforesaid, such animal may be sold at
public auction upon giving written notice of the time and place of sale at
least six days previous thereto to the owner if he be known, and if he be
not known by giving notice of the time and place of such sale for at least
six days previous thereto in some newspaper published in the county or
city where such animal was found; and after discharging the lien on such
animal or vehicle mentioned in § 18.1-222 the proceeds remaining shall be
paid over to the owner of such animal, and if the owner of such animal
cannot be found the proceeds remaining shall be paid into the Literary
Fund of the State Treasury.

§ 18.1-225. The word “animal”, as used in this article, shall be con-
strued to include birds and fowls.

§ 18.1-226. The provisions of this article may be enforced by any
judge of a court not of record in cities, towns, or counties wherein the
offense is committed, or the offender or owner may be found, and every
such offender shall have the right of appeal to the corporation court in
cities and the circuit court in counties.

ARTICLE 4

MISCELLANEOUS OFFENSES

§ 18.1-237. If any person arrived at the age of discretion profanely
curse or swear or get or be drunk in public he shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined not less than one
nor more than ten dollars.

If any person shall be convicted for being drunk in public three times
within one year in this State, upon the third or any subsequent conviction
for such offense within the period of one year, such person may be punished
by imprisonment in jail for not more than six months or by a fine of not
more than twenty-five dollars, or by both such fine and imprisonment. |

Counties, cities and towns may pass or adopt ordinances or resolutions
prohibiting and punishing the conduct and acts embraced in this section.

§ 18.1-238. If any person shall curse or abuse anyone, or use vulgar.
profane or indecent language over any telephone in this State, he shall
be guilty of a misdemeanor. It shall be the duty of each telephone com-
pany in this State to furnish immediately in response to a subpoena issued
by a court of record such information as it, its officers and employees,
may possess which, in the opinion of the court, may aid in the apprehension
of persons suspected of violating the provisions of this section. Any tele-
phone company or any officer or employee thereof who shall fail or refuse
to furnish such information when so requested, may be fined not more than
one hundred dollars.

§ 18.1-239. If any person wilfully interrupt or disturb any assembly
met for the worship of God or, being intoxicated, disturb the same, whether
wilfully or not, he shall be guilty of a misdemeanor, and any justice of the
peace or other conservator of the peace may put him under restraint dur-
ing religious worship, and require him to enter into a recognizance for his
good behavior for a period not exceeding twelve months.

§ 18.1-240. If any person wilfully interrupt, molest, or disturb the
exercise of any free school or any other school or of any literary society or,
being intoxicated, disturb the same, whether wilfully or not, he shall be
guilty of a misdemeanor.

§ 18.1-241. If any person carry any gun, pistol, bowie knife, dagger
or other dangerous weapon to a place of worship while a meeting for re-
ligious purposes is being held at such place, or, without good and sufficient
cause therefor, carry any such weapon on a Sunday at any place other than
his own premises, he shall be fined not less than twenty dollars. If any
offense under this section be committed at a place of religious worship, the
cffender may be arrested on the order of a conservator of the peace, without
warrant, and held until a warrant can be obtained, but not exceeding three
hours. Every justice of the peace, upon his own knowledge or upon the
affidavit of any person that an offense under this section has been com-
mitted shall issue a warrant for the arrest of the offender.

§ 18.1-242. If any person engage in the fighting of cocks, dogs or
other animals, for money, prize or anything of value, or upon the result
of which any money or other thing of value is bet or wagered, or to which
an admission fee is charged, directly or indirectly, or for any champion-
ship, he shall be fined not less than one hundred dollars nor more than five
hundred dollars for each offense.

§ 18.1-243. If a person unlawfully disinter or displace a dead human
body, or any part of a dead human body, which has been deposited in any
vault, grave or other burial place, he shall be confined in the penitentiary
not less than one nor more than ten years.

§ 18.1-244. If any person:

(1) Wilfully and maliciously destroy, mutilate, deface, injure, or re-
move any tomb, monument, gravestone, or other structure placed within
any cemetery, graveyard, or place of burial, or within any lot belonging
to any memorial or monumental association, or any fence, railing, or other
work for the protection or ornament of any tomb, monument, gravestone,
or other structure aforesaid, or of any cemetery lot within any cemetery ;

(2) Wilfully or maliciously destroy, remove, cut, break, or injure any
tree, shrub, or plant within any cemetery or lot of any memorial or monu-
mental association ;

(3) Wilfully or maliciously destroy, mutilate, injure, or remove and
carry away any flowers, wreaths, vases, or other ornaments placed upon or
around any grave, tomb, monument, or lot in any cemetery, graveyard
or other place of burial; or

(4) Wilfully obstruct proper ingress and egress to and from any
cemetery or lot belonging to any memorial association,

He shall be fined not exceeding one hundred dollars, or confined in
jail not exceeding six months.

This section shall not apply to any work which is done by the au-
thorities of a church or congregation in the maintenance or improvement
of any burial ground or cemetery belonging to it and under its management
or control and which does not injure or result in the removal of a tomb,
monument, gravestone, grave marker or vault.

§ 18.1-245. No person, firm, or corporation shall maintain, operate,
promote, conduct or advertise, or aid in maintaining, operating, promoting,
conducting or advertising, or participate in any “marathon’’, ‘marathon
dance”, “walkathon”, “skathon”, “bikathon”, or any other mental or
physical endurance contest or performance of a like or similar character
or nature under any name whatsoever; provided, that this section shall
not apply to bona fide athletic contests commonly known as cross-country
races or marathon races held on extended cross-country courses over a
limited number of miles.

Any person, firm or corporation violating the provisions of this sec-
tion, shall be guilty of a misdemeanor. Each day of such violation shall
constitute a separate offense.

§ 18.1-246. Whoever keeps or uses a live pigeon or other bird or fow]
for the purpose of a target, or to be shot at either for amusement or as a
test of skill in markmanship, or shoots at a bird kept or used as aforesaid,
or is a party to such shooting, or lets any building, room, field, or premises,
or knowingly permits the use thereof for the purpose of such shooting,
shall be punished by a fine of not more than fifty dollars or by imprison-
ment for not more than thirty days, or by both. Nothing herein contained
shall apply to the shooting of wild game.

CHAP. 5
OFFENSES AGAINST THE PEACE
ARTICLE 1
RIOTS, ETC.: DISORDERLY CONDUCT

§ 18.1-247. All judges and justices of the peace may suppress riots,
routs, and unlawful assemblies within their jurisdiction. And it shall be
the duty of each of them to go among, or as near as may be with safety to,
persons riotously, tumultuously, or unlawfully assembled, and in the name
of the law command them to disperse; and if they shall not thereupon im-
mediately and peacefully disperse, such judge or justice of the peace giving
the command, and any other present, shall command the assistance of all
persons present, and of the sheriff or sergeant of the county or corpora-
tion, with his posse, if need be, in arresting and securing those so as-
sembled. If any person present, on being required to give his assistance
depart or fail to obey, he shall be deemed a rioter.

§ 18.1-248. If a person be arrested for a riot, rout, or unlawful as-
sembly, the judge or justice of the peace ordering the arrest, or any other
justice, shall commit him to jail, unless he shall enter into recognizance,
with sufficient surety, to appear before the court having jurisdiction of
the offense, at its next term, to answer therefor, and in the meantime to
be of good behavior and keep the peace.

§ 18.1-249. If any judge or justice of the peace have notice of a
riotous, tumultuous, or unlawful assembly, in the county or corporation in
which he resides, and fail to proceed immediately to the place of such as-
sembly, or as near as he may safely, or fail to exercise his authority for
suppressing it and arresting the offenders, he may be fined not exceeding
one hundred dollars.

§ 18.1-250. If any person, engaged in such assembly, being commanded
as aforesaid to disperse, fail to do so without delay, any such judge or
justice of the peace may require the aid of a sufficient number of persons,
in arms or otherwise, and proceed, in such manner as he may deem expedi-
ent, to disperse and suppress such assembly, and arrest and secure those
engaged in it. .

§ 18.1-251. If, by any means taken under authority of this chapter
to disperse any such assembly, or arrest and secure those engaged in it,
any person present, as spectator or otherwise, be killed or wounded, any
judge or justice of the peace exercising such authority, and every one
acting under his order, shall be held guiltless; and if the judge or justice,
or any person acting under the order of either of them, be killed or wound-
ed in taking such means, or by the rioters, all persons engaged in such
assembly shall be deemed guilty of such killing or wounding.

§ 18.1-252. If any rioter, or person unlawfully or tumultuously as-
sembled, pull down or destroy, in whole or in part, any dwellinghouse, or
assist therein, or shall in the nighttime stone the same in a manner calcu-
lated to terrorize the inmates, or assist therein, he shall be confined in the
penitentiary not less than two nor more than five years; and though no
such house be so injured or stoned, every rioter, and every person unlaw-
fully or tumultuously assembled, shall be deemed guilty of a misdemeanor.

§ 18.1-253. If any person, whether a passenger or not, shall, while in
or on any public conveyance behave in a riotous or disorderly manner, he
shall be guilty of a misdemeanor. The agent or employees in charge of
such public conveyance may require such person to discontinue his riotous
or disorderly conduct, and if he refuses to do so may eject him, with the
aid, if necessary, of any other persons who may be called upon for the
purpose.
§ 18.1-254. If any person behaves in a riotous or disorderly manner
in any street, highway, public building, or any other public place, other
than those mentioned in the preceding section, or causes any unnecessary
disturbance in or on any public conveyance, by running through it, climbing
through windows or upon the seats, failing to move to another seat when
lawfully requested to so move by the operator, or otherwise annoying
passengers or employees therein, he shall be guilty of a misdemeanor.

Cities, towns and counties are hereby authorized and empowered to
adopt ordinances or resolutions prohibiting and punishing the above acts,
or any of them, when committed in such cities, towns, or counties, and such
ordinances or resolutions shall provide the same punishment for a violation
thereof as is provided by this section, anything in the charters of such
cities or towns to the contrary notwithstanding. All fines imposed for the
violation of such ordinances or resolutions shall be paid to and retained
by such cities, towns and counties, and the Commonwealth shall not be
chargeable with any costs in connection with any prosecution for the viola-
tion of any such ordinances or resolutions.

ARTICLE 2
OFFENSES TENDING TO BREACH OF PEACE

§ 18.1-255. If any person shall, in the presence or hearing of an-
other, curse or abuse such other person, or use any violent abusive language
to such person concerning himself or any of his relations, or otherwise use
such language, under circumstances reasonably calculated to provoke a
breach of the peace, he shall be guilty of a misdemeanor, and on conviction
fined in any sum not less than two dollars and fifty cents nor more than
five hundred dollars, in the discretion of the jury or the judge trying the
case without a jury.

§ 18.1-256. If any person shall falsely utter and speak, or falsely
write and publish, of and concerning any female of chaste character, any
words derogatory of such female’s character for virtue and chastity, or
imputing to such female acts not virtuous and chaste, he shall be punished
by a fine of not less than twenty-five nor more than five hundred dollars, or
by confinement in jail for not more than six months, or both. And if any
person shall falsely utter and speak, or falsely write and publish, of and
concerning another person, any words which from their usual construction
and common acceptation are construed as insults and tend to violence and
breach of the peace or shall use grossly insulting language to any female
of good character or reputation, he shall be punished by a fine of not less
lent five dollars or by confinement in jail for not more than sixty days, or

The defendant shall be entitled to prove upon trial in mitigation of the
punishment, the provocation which induced the libelous or slanderous
words, or any other fact or circumstance tending to disprove malice, or
lessen the criminality of the offense.

§ 18.1-257. If any person write or compose and also send or procure
the sending of any letter or inscribed communication, so written or com-
posed, whether such letter or communication be signed or anonymous, to
any person, containing a threat to kill or do bodily injury to the person to
whom such letter or communication is sent, or a threat to kill or do bodily
injury to any member of his or her family, the person so writing or com-
posing and sending or procuring the sending of such letter or communica-
tion, shall be confined in the penitentiary for a period not exceeding five
years, or, in the discretion of the jury or court trying the case without a
jury, shall be confined in jail not less than thirty days, nor more than
twelve months, or be fined not less than fifty dollars.

ARTICLE 3
UNIFORM MACHINE GUN ACT

§ 18.1-258. When used in this article:

(1) “Machine gun” applies to and includes a weapon of any descrip-
tion by whatever name known, loaded or unloaded, from which more than
seven shots or bullets may be rapidly, automatically or semiautomatically,
discharged from a magazine, by a single function of the firing device, and
also applies to and includes weapons, loaded or unloaded, from which more
than sixteen shots or bullets may be rapidly, automatically, semiauto-
matically or otherwise discharged without reloading.

(2) “Crime of violence” applies to and includes any of the following
crimes or an attempt to commit any of the same, namely, murder, man-
slaughter, kidnapping, rape, mayhem, assault with intent to maim, disable,
disfigure or kill, robbery, burglary, housebreaking, breaking and entering
and larceny.

(3) “Person” applies to and includes firm, partnership, association or
corporation.

§ 18.1-259. Possession or use of a machine gun in the perpetration or
attempted perpetration of a crime of violence is hereby declared to be a
crime punishable by death or by imprisonment in the State penitentiary
for a term of not less than twenty years.

§ 18.1-260. Unlawful possession or use of a machine gun for an of-
fensive or aggressive purpose is hereby declared to be a crime punishable
by imprisonment in the State penitentiary for a term of not less than ten
years.
§ 18.1-261. Possession or use of a machine gun shall be presumed to
be for an offensive or aggressive purpose:

(1) When the machine gun is on premises not owned or rented for
bona fide permanent residence or business occupancy by the person in
whose possession the machine gun may be found;

(2) When the machine gun is in the possession of, or used by, an un-
naturalized foreign-born person, or a person who has been convicted of a
crime of violence in any court of record, state or federal, of the United
States of America, its territories or insular possessions;

(3) When the machine gun is of the kind described in § 18.1-265 and
has not been registered as in such section required; or

(4) When empty or loaded pistol shells of thirty (thirty one-hun-
dredths inch or seven and sixty-three one-hundredths millimeter) or larger
caliber which have been or are susceptible of use in the machine gun are
found in the immediate vicinity thereof.

§ 18.1-262. The presence of a machine gun in any room, boat or ve-
hicle shall be prima facie evidence of the possession or use of the machine
gun by each person occupying the room, boat, or vehicle where the weapon
is found.

§ 18.1-268. Nothing contained in this article shall prohibit or inter-
fere with:

(1) The manufacture for, and sale of, machine guns to the military
forces or the peace officers of the United States or of any political sub-
division thereof, or the transportation required for that purpose;

(2) Machine guns and automatic arms issued to the National Guard
of Virginia by the United States or such arms used by the United States
Army or Navy or in the hands of troops of the National Guards of other
states or territories of the United States passing through Virginia, or such
arms as may be provided for the officers of the State Police or officers of
penal institutions;

(3) The possession of a machine gun for scientific purposes, or the
possession of a machine gun not usable as a weapon and possessed as a
curiosity, ornament, or keepsake; or

(4) The possession of a machine gun other than one adapted to use
pistol cartridges of thirty (thirty one-hundredths inch or seven and sixty-
three one-hundredths millimeter) or larger caliber, for a purpose mani-
festly not aggressive or offensive.

§ 18.1-264. Every manufacturer or dealer shall keep a register of all
machine guns manufactured or handled by him. This register shall show
the model and serial number, date of manufacture, sale, loan, gift, de-
livery or receipt of every machine gun, the name, address, and occupation
of the person to whom the machine gun was sold, loaned, given or de-
livered, or from whom it was received. Upon demand every manufacturer
or dealer shall permit any marshal, sheriff or police officer to inspect his
entire stock of machine guns, parts, and supplies therefor, and shall pro-
duce the register, herein required, for inspection. A violation of any pro-
visions of this section shall be punishable by a fine of not less than one
hundred dollars nor more than one thousand dollars.

§ 18.1-265. Every machine gun in this State adapted to use pistol
cartridges of thirty (thirty one-hundredths inch or seven and sixty-three
one-hundredths millimeter) or larger caliber shall be registered with the
Department of State Police annually. It shall be registered within twenty-
four hours after its acquisition. Blanks for registration shall be prepared
by the Superintendent of State Police, and furnished upon application. To
comply with this section the application as filed must show the model and
serial number of the gun, the name, address and occupation of the person
in possession, and from whom and the purpose for which, the gun was
acquired. The Superintendent of State Police shall immediately upon regis-
tration required in this section furnish the registrant with a certificate
of registration, which shall be kept by the registrant and produced by him
upon demand by any peace officer. Failure to keep or produce such cer-
tificate for inspection shall be a misdemeanor and punishable by a fine of
not less than five nor more than one thousand dollars, and any peace
officer may, without warrant, seize the machine gun and apply for its con-
fiscation as provided in § 18.1-266. The registration data shall not be sub-
ject to inspection by the public. Any person failing to register any gun as
required by this section, shall be presumed to possess the same for offensive
or aggressive purpose. The Secretary of the Commonwealth shall deliver
to the Superintendent of State Police such records of the Secretary’s office
as pertain to the registration of machine guns. It shall not be necessary for
any person who, prior to the effective date of this chapter, has registered
any machine gun with the Secretary of the Commonwealth to reregister
the same with the Superintendent of State Police during the year for
which the same has already been registered.

§ 18.1-266. Warrant to search any house or place and seize any ma-
chine gun adapted to use pistol cartridges of thirty (thirty one-hundredths
inch or seven and sixty-three one-hundredths millimeter) or larger caliber
possessed in violation of this article may issue in the same manner and
under the same restrictions as provided by law for stolen property, and
any court of record, upon application of the attorney for the Common-
wealth, a police officer or conservator of the peace, may order any machine
gun, thus or otherwise legally seized, to be confiscated and either destroyed
or delivered to a peace officer of the State or a political subdivision thereof.

§ 18.1-267. This article shall be so interpreted and construed as to
effectuate its general purpose to make uniform the law of those states
which enact it.

A § 18.1-268. This article may be cited as the Uniform Machine Gun
ct.

ARTICLE 4
OTHER ILLEGAL WEAPONS

§ 18.1-269. If any person carry about his person, hid from common
observation, any pistol, dirk, bowie knife, switch-blade knife, razor, slung-
shot, metal knucks, or any weapon of like kind, he shall upon conviction
thereof be fined not less than twenty dollars nor more than five hundred
dollars and, in the discretion of the jury or the court trying the case with-
out a jury, may, in addition thereto, be committed to jail for not more than
twelve months, and such pistol, dirk, bowie knife, switch-blade knife, razor,
slungshot, metal knucks, or weapon of like kind, shall, by order of the
court be forfeited to the Commonwealth and may be seized by an officer
as forfeited, and such as may be needed for police officers and conservators
of the peace shall be devoted to that purpose, and the remainder shall be
destroyed by the officer having them in charge.

This section shall not apply to any police officers, sergeants, sheriffs,
conservators of the peace other than notaries public, or to carriers of
United States mail in the rural districts, or to any collecting officer while
in the discharge of his official duty.

Any circuit or corporation court, upon a written application and satis-
factory proof of the good character and necessity of the applicant to carry
concealed weapons, may grant permission so to do for one year. The orde1
granting such permission shall be entered in the law order book of such
court.

§ 18.1-270. All pistols, shotguns, rifles, dirks, bowie knives, switch-
blade knives, razors, slungshots, brass or metal knucks, blackjacks anc
other weapons used by any person or persons in the commission of a crim-
inal offense, may, upon conviction of such person or persons so using the
same, be forfeited to the Commonwealth by order of the court trying the
case, which shall make such disposition of such weapons as it deems proper
by entry of an order of record. ;

§ 18.1-271. If any person sell or barter, or exhibit for sale or for
barter, or give or furnish, or cause to be sold, bartered, given or fur-
nished, or has in his possession, or under his control, with the intent of
selling, bartering, giving or furnishing, any blackjack, brass or metal
knucks, switch-blade knife or like weapons, such person shall be fined not
less than twenty-five nor more than one hundred dollars. The having in
one’s possession of any such weapon shall be prima facie evidence, except
in the case of a conservator of the peace, of his intent to sell, barter, give
or furnish the same.

§ 18.1-272. Chapter 506 of the Acts of 1950, approved April 7, 1950,
relating to carrying loaded firearms on public highways under certain con-
ditions in any county having a population in excess of four thousand and
not in excess of four thousand five hundred, is incorporated in this Code
by this reference.

The following amendments to Chapter 506 of the Acts of 1950 are in-
corporated in this Code by this reference.

Chapter 453 of the Acts of 1952.

Chapter 619 of the Acts of 1958.

CHAP. 6
OFFENSES AGAINST PUBLIC JUSTICE
ARTICLE 1
PERJURY

§ 18.1-273. If any person to whom an oath is lawfully administered on
any occasion wilfully swear falsely on such occasion touching any material
matter or thing, or if a person falsely make oath that any other person is
twenty-one years of age in order to obtain a marriage license for such other
person, he shall be guilty of perjury.

§ 18.1-274. If any person commit or procure another person to com-
mit perjury, he shall be confined in the penitentiary not less than one nor
more than ten years, or, in the discretion of the jury or the court trying the
case without a jury, be confined in jail not exceeding one year or fined not
exceeding one thousand dollars, or both.

§ 18.1-275. Upon the conviction of any person for perjury or procur-
ing another person to commit perjury, such person thereby shall be ad-
judged forever incapable of holding any post mentioned in § 2-26, or of
serving as a juror.

§ 18.1-276. It shall likewise constitute perjury for any person, with
the intent to testify falsely, to knowingly give testimony under oath as to
any material matter or thing and subsequently to give conflicting testimony
under oath as to the same matter or thing. In any indictment for such
perjury, it shall be sufficient to allege the offense by stating that the person
charged therewith did, knowingly and with the intent to testify falsely, on
one occasion give testimony upon a certain matter and, on a subsequent
occasion, give different testimony upon the same matter. Upon the trial
on such indictment, it shall be sufficient to prove that the defendant, know-
ingly and with the intent to testify falsely, gave such differing testimony
and that the differing testimony was given on two separate occasions.

§ 18.1-277. If any person procure or induce another to give false
testimony under oath in violation of § 18.1-274 or of § 18.1-276, he shall be
punished as prescribed in §§ 18.1-274 and 18.1-276.
In any prosecution under this section, it shall be sufficient to prove
that the person alleged to have given false testimony shall have been pro-
cured, induced, counselled or advised to give such testimony by the party
charged. No witness called by the attorney for the Commonwealth, or by
the court, and required to give evidence for the prosecution in a proceeding
under this section shall ever be proceeded against for the offense under
§§ 18.1-2738, 18.1-274 or 18.1-276. Such witness shall be compelled to testify
and may be punished for contempt for refusing to do so.

ARTICLE 2

BRIBERY

§ 18.1-278. If any person corruptly give, offer or promise to any
executive, legislative or judicial officer, sheriff or police officer, or to any
candidate for such office, either before or after he shall have taken his
seat, any gift or gratuity, with intent to influence his act, vote, opinion,
decision or judgment on any matter, question, cause or proceeding, which
iS or may be then pending, or may by law come or be brought before him
in his official capacity, he shall, upon conviction, be confined in the peni-
tentiary not less than one nor more than ten years. This section shall also
apply to a resident of this State who, while temporarily absent therefrom
for that purpose, shall make such gift, offer or promise and thereafter
return to this State.

§ 18.1-279. If any executive, legislative or judicial officer, sheriff or
police officer, or any candidate for such office, accept in this State, or if,
being resident in this State, such officer or candidate shall go out of this
State and accept and afterwards return to and reside in this State, any gift
or gratuity or any promise to make a gift or do any act beneficial to such
officer or candidate under an agreement, or with an understanding, that
his vote, opinion or judgment shall be given on any particular side of any
question, cause or proceeding which is or may be by law brought before
him in his official capacity or that in such capacity he shall make any par-
ticular nomination or appointment or take or fail to take any particular
action or perform any duty required by law, he shall, upon conviction, be
confined in the penitentiary not less than one nor more than ten years and
shall forfeit his office and be forever incapable of holding any post men-
tioned in § 2-26. The word candidate as used in this and the preceding
section shall mean any one who offers himself or is put forward by others
as a suitable person or an aspirant for such office.

§ 18.1-280. No person prosecuted under either of the two preceding
sections shall be competent to testify against a witness for the Common-
wealth in such prosecution touching the giving, or offering to give, or the
acceptance of any bribe by such witness prior to the commencement of such
prosecution; nor shall any witness called by the court or attorney for the
Commonwealth and giving evidence for the prosecution, either before the
grand jury or the court in such prosecution, be ever proceeded against for
any offense of giving, or offering to give, or accepting a bribe committed by
him at the time and place indicated in such prosecution; but such witness
shall be compelled to testify, and for refusing to answer questions may, by
the court, be fined a sum not exceeding five hundred dollars, and be im-
prisoned for a term not exceeding twelve months.

§ 18.1-281. If any officer authorized to serve legal process receive any
money or other thing of value for omitting or delaying to perform anv duty
pertaining to his office, he shall be confined in jail not exceeding six months
and be fined not exceeding one hundred dollars.

§ 18.1-282. If any person give, offer or promise to give any money or
other thing of value to a commissioner appointed by a court, auditor, arbi-
trator, umpire or juror (although not impaneled), with intent to bias his
opinion or influence his decision in relation to any matter in which he is
acting or is to act, or if any such commissioner, auditor, arbitrator, umpire
or juror corruptly take or receive such money or other thing, he shall be
confined in the penitentiary not less than one year nor more than five years,
or confined in jail not less than six months nor more than twelve months,
and fined not exceeding five hundred dollars, either or both, in the discretion
of the jury or the court trying the case without a jury.

ARTICLE 3

LOBBYING

_ § 18.1-283. If any person pay or receive money or other compensa-
tion, directly or indirectly, for the purpose of securing the passage or defeat
of any measure by the General Assembly, he shall be confined in jail not
exceeding twelve months, and fined not exceeding five thousand dollars.

ARTICLE 4

ESCAPE OF PRISONERS

§ 18.1-284. When a person is lawfully detained as a prisoner in any
jail, prison or custody, if any person: (1) convey anything into the jail or
prison with intent to facilitate the prisoner’s escape therefrom, (2) in any
way aid such prisoner to escape, or in an attempt to escape, from such jail,
prison or custody, or (8) forcibly rescue, or attempt to rescue him there-
from, such person, if the rescue or escape be effected, shall, if the prisoner
was detained on conviction or charge of felony, be confined in the peniten-
tiary not less than one nor more than five years; and if the same be not
effected, or if the prisoner was not detained on such conviction or charge,
be confined in jail six months, and fined not exceeding five hundred dollars.

§ 18.1-285. No person shall wilfully in any manner deliver, or attempt
to deliver, to any prisoner confined under authority of the Commonwealth
of Virginia, or of any political subdivision thereof, any article of any
nature whatsoever, without first securing the permission of the person in
whose charge such prisoner is, and who may in his discretion grant or re-
fuse permission. Any person violating this section shall be guilty of a mis-
demeanor and upon conviction shall be punished accordingly.

3 Nothing herein contained shall be construed to repeal or amend
§ 18.1-284.

§ 18.1-286. If any sheriff, jailor or other officer, or any guard or other
person summoned or employed by any such sheriff, jailor or other officer,
voluntarily suffer a prisoner convicted of or charged with felony to escape
from his custody, he shall be confined in the penitentiary not less than two
nor more than ten years.

§ 18.1-287. If any sheriff, jailor or other officer, or any guard or other
person summoned or employed by such sheriff, jailor or other officer, negli-
gently suffer a prisoner convicted of or charged with felony, or voluntarily
or negligently suffer a prisoner convicted of or charged with an offense not
a felony, to escape from his custody, or wilfully refuse to receive into his
custody a person lawfully committed thereto, he shall be confined in jail not
exceeding six months, or be fined not less than fifty nor more than five hun-

red dollars.

§ 18.1-288. If any person confined in jail or convicted of a criminal
offense escape thence by force or violence, other than by setting fire thereto,
he shall be confined in the penitentiary not less than one year nor more than
five years if previously sentenced to confinement therein, or be confined in
jail six months if previously sentenced to confinement in jail. The term of
confinement under this section shall commence from the expiration of the
former sentence.

§ 18.1-289. If any person lawfully imprisoned in jail and not sentenced
on conviction of a criminal offense escape from jail by force or violence,
other than by setting fire thereto or if any person lawfully in the custody
of any police officer on a charge of criminal offense escape from such cus-
tody by force or violence, he shall be confined in jail not exceeding one year.

§ 18.1-290. If any person lawfully confined in jail or lawfully in the
custody of any court or officer thereof or of any law enforcement officer
on a charge or conviction of a criminal offense escape, otherwise than by
force or violence or by setting fire to the jail, he shall be confined in jail not
exceeding six months, or be fined not exceeding five hundred dollars, or

oth.

§ 18.1-291. If any person lawfully imprisoned in jail escape, or at-
tempt to escape therefrom, by setting fire thereto, he shall be confined in the
penitentiary not less than three nor more than ten years.

ARTICLE 5

CONTEMPT OF COURT

§ 18.1-292. The courts and judges may issue attachments for con-
tempt, and punish them summarily, only in the cases following:

(1) Misbehavior in the presence of the court, or so near thereto as to
obstruct or interrupt the administration of justice;

(2) Violence, or threats of violence, to a judge or officer of the court,
or to a juror, witness or party going to, attending or returning from the
court, for or in respect of any act or proceeding had or to be had in such
court;

(3) Vile, contemptuous or insulting language addressed to or pub-
lished of a judge for or in respect of any act or proceeding had, or to be had,
in such court, or like language used in his presence and intended for his
hearing for or in respect of such act or proceeding;

(4) Misbehavior of an officer of the court in his official character;

(5) Disobedience or resistance of an officer of the court, juror, witness
or other person to any lawful process, judgment, decree or order of the
court.

§ 18.1-293. A judge of a court not of record shall have the same power
and jurisdiction as a court of record to punish summarily for contempt, but
in no case shall the fine exceed fifty dollars, or the imprisonment exceed ten
days, for the same contempt.

§ 18.1-294. Any person sentenced to pay a fine, or to confinement,
under the preceding section, may appeal therefrom to the circuit court of
the county or the corporation court of the city in which the sentencing
judge resides, or to the judge of such circuit or corporation court in vaca-
tion, upon entering into recognizance before the sentencing judge, with
surety and in penalty deemed sufficient, to appear before such circuit or
corporation court on the first day of the next term, or before the judge
thereof in vacation, to answer for the offense. If such appeal be taken, a
certificate of the conviction and the particular circumstances of the offense,
together with the recognizance, shall forthwith be transmitted by the
sentencing judge to the clerk of such circuit or corporation court, who shall
immediately deliver the same to the judge thereof. Such judge may hear the
case in term or in vacation upon the certificate and any legal testimony
adduced on either side, and make such order therein as may seem to him
proper. Such order when made in vacation shall be entered in the order
book of the court and have the same force and effect as an order entered in
term.
_ § 18.1-295. No court shall, without a jury, for any such contempt as
is mentioned in the first class embraced in § 18.1-292, impose a fine exceed-
ing fifty dollars or imprison more than ten days; but in any such case the
court may, without an indictment, information or any formal pleading,
impanel a jury to ascertain the fine or imprisonment proper to be inflicted
and may give judgment according to the verdict.

ARTICLE 6
MISCELLANEOUS OFFENSES

§ 18.1-296. If any sheriff or other officer corruptly, or through favor
or ill-will, summon a juror, with intent that such juror shall find a verdict
for or against either party, he shall be fined not exceeding five hundred
dollars and forfeit his office; and he shall be forever incapable of holding
any post mentioned in § 2-26.

§ 18.1-297. If any person procure or attempt to procure a juror to be
summoned, with intent that such juror shall find a verdict for or against
either party, he shall be fined not exceeding five hundrec dollars.

§ 18.1-298. If any person be guilty of any fraud, either by tampering
with the jury box prior to a draft, or in drawing a juror, or in returning
into the jury box the name of any person which has lawfully been drawn
out and drawing and substituting another in his stead, or in any other way
in drawing of jurors, he shall be confined in jail not exceeding one year and
fined not exceeding five thousand dollars.

§ 18.1-299. If any person shall install or cause to be installed or use
or cause to be used any microphone or device designed for recording or
transmitting for recording sound in any jury room in this State for the pur-
pose of recording the deliberations of any jury or for the purpose of pre-
paring a summary of such deliberations, he shall be confined in the peniten-
tiary for not less than one nor more than five years or fined not less than
one hundred nor more than one thousand dollars or both in the discretion
of the jury or the court trying the case without a jury.

§ 18.1-800. If any officer wilfully and corruptly refuse to execute any
lawful process requiring him to apprehend or confine a person convicted
of, or charged with, an offense, or wilfully and corruptly omit or delay to
execute such process, whereby such person shall escape and go at large, such
officer shall be confined in jail not exceeding six months and be fined not
exceeding five hundred dollars.

§ 18.1-301. If any person on being required by any sheriff or other
officer refuse or neglect to assist him: (1) in the execution of his office in
a criminal case, (2) in the preservation of the peace, (3) in the apprehend-
ing or securing of any person for a breach of the peace, or (4) in any case
of escape or rescue, he shall be confined in jail not exceeding six months and
be fined not exceeding one hundred dollars.

§ 18.1-302. If any person, being required by a conservator of the peace
on view of a breach of the peace or other offense to bring before him the
offender, refuse or neglect to obey the conservator of the peace, he shall be
punished as is provided in the preceding section for refusing to assist a
sheriff and if the conservator of the peace declare himself or be known to
be such to the person so refusing or neglecting, ignorance of his office shall
not be pleaded as an excuse.

§ 18.1-303. If any person knowing of the commission of an offense take
any money or reward, or an engagement therefor, upon an agreement or
understanding, expressed or implied, to compound or conceal such offense,
or not to prosecute therefor, or not to give evidence thereof, he shall, if such
offense be a felony, be confined in jail not more than one year and fined not
exceeding five hundred dollars; and if such offense be not a felony, unless
it be punishable merely by forfeiture to him, he shall be confined in jail not
exceeding six months and fined not exceeding one hundred dollars.

§ 18.1-304. If any officer, for performing an official duty for which a
fee or compensation is allowed or provided by law, knowingly demand and
receive a greater fee or compensation than is so allowed or provided, he
shall be fined not exceeding fifty dollars.

§ 18.1-305. If any person authorized by law to charge fees for services
performed by him and issue bills therefor fraudulently issue a fee bill for a
service not performed by him, or for more than he is entitled to, he shall be
fined not exceeding five hundred dollars.

§ 18.1-306. If a clerk of any court or other public officer fraudulently
make a false entry, or erase, alter, secrete or destroy any record in his keep-
ing and belonging to his office, he shall be confined in jail not exceeding one
year and fined not exceeding one thousand dollars.

§ 18.1-307. Any person convicted under either of the two preceding
sections shall forfeit his office and be forever incapable of holding any post
mentioned in § 2-26.

§ 18.1-308. If any person steal or fraudulently secrete or destroy a
public record or part thereof, he shall, if the offense be not embraced by
§ 18.1-306, be confined in jail not exceeding one year and fined not exceeding
one thousand dollars.

§ 18.1-309. If any person fraudulently destroy or conceal any will or
codicil, with intent to prevent the probate thereof, he shall be confined in
the penitentiary not less than two nor more than five years.

§ 18.1-310. If any person, by threats, or force, attempt to intimidate
or impede a judge, justice, juror, witness, or an officer of a court, or any
sergeant or other peace officer, or any revenue officer, in the discharge of
his duty, or to obstruct or impede the administration of justice in any court,
he shall be deemed to be guilty of a misdemeanor.

§ 18.1-311. Any person who shall falsely assume or exercise the func-
tions, powers, duties and privileges incident to the office of sheriff, police
officer, marshal, or other peace officer, or who shall falsely assume or pre-
tend to be any such officer, shall be deemed guilty of a misdemeanor.

§ 18.1-312. No person, not such an officer as is referred to in § 19-74,
shall wear any such uniform as is designated pursuant to the provisions of
such section. Any violation of this section shall be punished by a fine not
exceeding five hundred dollars, or confinement in jail for a term not exceed-
ing twelve months, or both such fine and imprisonment.

§ 18.1-313. Any person who, for the purpose of collecting money, shall
knowingly deliver, mail, send or otherwise use or cause to be used any paper
or writing simulating or intended to simulate any warrant, process, writ,
notice of execution lien or notice of motion for judgment shall be guilty of a
misdemeanor, and upon conviction thereof shall be punished by a fine of not
less than five nor more than fifty dollars for each offense.

CHAP. 7
OFFENSES AGAINST PUBLIC POLICY

ARTICLE 1
GENERAL PROVISIONS

§ 18.1-314. All laws for suppressing gaming and lotteries shall be
construed as remedial.

§ 18.1-315. In every case of conviction for an offense under any of the
provisions of Articles 2, 3 or 4 of this chapter except § 18.1-330, an at-
torney’s fee of ten dollars shall be taxed in the costs and paid by the de-
fendant; but no attorney or officer shall be entitled to the payment of any
fees out of the State treasury for services rendered in a prosecution for
such offense.
§ 18.1-316. Any person who shall bet, wager or play at any game fo!
money or other thing of value shall be fined not exceeding one hundred
dollars, or confined in jail not exceeding sixty days, or both.

§ 18.1-317. If any person bet or wager money or other thing over the

value of five dollars on any election or appointment to any office or place te
be made under authority of the Constitution and laws of this State or of the
United States he shall be fined not less than the value of such money or
thing and not more than five times the value thereof.
18.1-318. If any person playing at any game, making a wager, hav-
ing share in any stake or wager, or betting on the hands or sides of another
playing at any game or making a wager cheat or by fraudulent means win
or acquire for himself or another money or other valuable thing, he shall
be confined in jail not exceeding one year, and be fined not less than five
times the value of the money or thing won or acquired.

§ 18.1-819. No person shall:

(1) Occupy any room, shed, tenement or building, or any part thereof,
or any place upon any grounds, with books, apparatus or paraphernalia for
the purpose of recording or registering bets or wagers or of selling or mak-
ing books, pools or mutuals upon the result of any game, athletic contest or
any trial of speed or power of endurance of animals or beasts,

(2) Being the owner or lessee or occupant of any room, tent, tenement,
shed, booth or building or part thereof, knowingly permit the same to be
used or occupied for any such purpose, or therein keep, exhibit or employ
any device or apparatus for the purpose of recording or registering such
bets or wagers or the selling or making of such books, pools or mutuals,

(3) Become the custodian or depository for gain, hire or reward of
any money, property or thing of value bet or wagered or to be wagered or
bet contrary to the provisions of this section,

(4) Receive, register, record, forward or purport or pretend to for-
ward to or for any game, athletic contest or any race course any money,
thing or consideration of value offered for the purpose of being bet or
wagered upon any game or athletic contest or the speed or endurance of any
animal or beast,

(5) Occupy any place or building or part thereof with books, papers,
apparatus or paraphernalia for the purpose of receiving or pretending to
receive, recording, registering or forwarding, or pretending or attempting
to forward, in any manner whatever, any money, thing or consideration of
value bet or to be bet contrary to the provisions of this section, or

(6) Aid, assist or abet at any race track or place in any manner in any
of the acts forbidden by this section.

Any person violating the provisions of this section shall be fined not
less than two hundred nor more than one thousand dollars and be impris-
oned not less than thirty days nor more than ninety days.

But nothing in this section shall be construed to prevent agricultural
associations and riding and driving clubs or associations from offering a
purse or premium at such trials of speed of animals or beasts as may be
held by them.

§ 18.1-320. No person shall:

(1) By any way, means, or device make any bet or wager or receive,
record, register or forward, or purport or pretend to forward, any money,
thing or consideration of value to be bet or wagered upon the result of any
trial of speed or power of endurance or skill of animals or beasts which is
to take place beyond the limits of this Commonwealth,
(2) By any way, means or device, aid, assist or abet in the making of
any bet or wager or the receiving, recording, registering or forwarding, or
purporting or pretending to forward, any money, thing or consideration of
value to be bet or wagered upon the result of any trial of speed or power of
endurance or skill of animals or beasts which is to take place beyond the
limits of this Commonwealth, or

(3) Aid or assist or abet in any way or in any manner in any of the
acts forbidden by this section.

Any person violating the provisions of this section shall be fined not
less than two hundred dollars and be confined in jail not less than thirty
nor more than ninety days.

§ 18.1-321. In addition to the penalties provided in §§ 18.1-319 and
18.1-320, all money and gambling paraphernalia found in connection with
the promotion, operation or conduct of any race or attempted race and all
moneys found in any place in which bets on races are received, shall be for-
feited to the Commonwealth and may be seized by an officer and held to
await proceedings for condemnation; provided, that such forfeiture shall
not extinguish the rights of any person without knowledge of the illegal
use of such property who is the lawful owner or who has a lien on the
same which has been perfected in the manner provided by law. The money
or other personal property so forfeited shall be disposed of as provided

y law.

§ 18.1-322. Whoever for the purpose of competing for a purse,
premium or stake offered by any agricultural society or by any person or
association in this State:

(1) Knowingly and designedly enters, rides or drives any horse that is
painted, stained or in any way marked or disguised, or that is a different
horse from the one which is purported to be entered, ridden or driven, or

(2) Knowingly and designedly for the purpose of competing for a
purse, premium or stake enters, rides or drives a horse in a class to which
it does not belong,

Shall be punished by a fine not less than fifty dollars and not exceeding
three hundred dollars or be confined in jail not less than thirty days and
not exceeding six months.

§ 18.1-3823. If any person keep or exhibit, for the purpose of gaming,
any gaming table or bank of any name or description whatever or any
table or bank used for gaming which has no name, any wheel of fortune or
slot machine, or any pigeon-hole table or Jennie Lynn table, whether the
game or table be played with cards, dice, or otherwise, or be a partner or
concerned in interest in the keeping or exhibiting such table or bank, he
shall be confined in jail not less than two nor more than twelve months, and
fined not less than one hundred nor more than one thousand dollars. Any
such table, bank or wheel of fortune and all the money, stakes or exhibits
to allure persons to bet at such table, bank or wheel may be seized by order
of the court, or under warrant of a justice of the peace or a judge or clerk
of a court not of record, and the money so seized shall be forfeited, one-half
to the person making the seizure, and the other half to the Commonwealth,
and the table, bank, machine or wheel shall be burned; provided that when
any billiard or pool table or other paraphernalia, not inherently gambling
paraphernalia, is so seized, the court may, in its discretion, award the same
to some charitable organization or war recreation center, upon condition
that it be used only for the purpose of recreation.

§ 18.1-324. If any person knowingly permit a gaming table, gaming
bank or wheel of fortune, such as is mentioned in the preceding section, to
be kept or exhibited on any premises in his occupation, or shall keep a place
resorted to for the purpose of gaming, or a place frequented for such pur-
poses, or shall reside in such place for such purposes, he shall be confined in
jail not exceeding one year, and fined not less than one hundred nor more
than one thousand dollars.

§ 18.1-325. If any person act as doorkeeper, guard or watch or employ
another person to act as such for a keeper or exhibitor of a gaming table,
gaming bank or wheel of fortune, or a place resorted to for the purpose of
gaming, or resist, or by any means or device hinder or delay the lawful
arrest of such keeper or exhibitor, or person conducting such place, or the
seizure of the table, bank, wheel or money exhibited or staked thereat, or
unlawfully take the same from the person seizing it, he shall be confined in
jail not exceeding one year, and fined not exceeding one thousand dollars.

§ 18.1-326. If any person bet or play at any such table, bank, or wheel
of fortune as is mentioned in § 18.1-328, or if at any ordinary, race field,
storehouse, tavern, inn or other public house, or in any street, highway, or
other public place, or in any outhouse or other place where people resort for
the purpose of gaming, he play at any game except billiards, bowls, chess.
backgammon, drafts, dominos or a licensed game, or bet on the sides of
those who play, he shall be fined thirty dollars and shall, if required by the
court, give security for his behavior for one year or in default thereof, shall
be confined in jail not exceeding three months.

§ 18.1-327. All houses and offices commonly known as public, and all
gaming houses, are included within the meaning of the preceding section.
Any room attached to any such public house, and commonly used for
gaming, is also included, whether the same be kept closed or open.

A business office after business hours, or a private residence, is not to
be construed as within the meaning of a public house or place, unless such
office after business hours, or private residence, is commonly used for
gaming.

§ 18.1-328. In prosecutions under the two preceding sections, it shall
not be necessary for the Commonwealth to prove that any money, or articles
of value, or the representation of either, was bet at such game.

§ 18.1-329. If any person:

(1) Keep or exhibit for sale or use, or be concerned in interest in keep-
ing or exhibiting for sale or use, any (a) punch board or similar device of
any kind or description, (b) slot machine or similar device of any kind or
character, or (c) other device that operates on the nickel-in-the-slot prin-
ciple, in the operation of which any element of chance whatever may enter,
or through and from which it may be possible for one person to get any
article of more value than that which any other person could or would get,
or through and from which the article or thing vended is not the fair equi-
valent in value to the coin required to operate such machine or device, or

(2) Permit any such punch board, slot machine or similar device to be
kept or exhibited for sale or use in his place of business or in any other
place in this State,

He shall be guilty of a misdemeanor and such punch board, slot
machine or other device shall be deemed a gaming apparatus and shall be
embraced within the provisions of §§ 19.1-84, 19.1-86 and 19.1-87, insofar
as such sections relate to gaming apparatus.

The possession of any such punch board, slot machine or other device
shall be prima facie evidence of the exhibition for sale or use thereof.

Any slot machine or device that operates on the nickel-in-the-slot prin-
ciple and which does not uniformly return to the customer in each trans-
action the equivalent in value and kind of merchandise unaccompanied by
coins, trade checks or other items of monetary value that it returned in
each preceding transaction shall be deemed to embody the element of chance
within the meaning of this section, even though the machine or device be
so constructed as to indicate in advance of each transaction what it will
dispense upon the deposit of the next coin or slug.
§ 18.1-330. No person shall:

(1) Manufacture, own, store, keep, possess, sell, rent, lease, let on
shares, lend or give away, transport or expose for sale or lease, offer to sell,
rent, lease, let on shares, lend or give away, permit the operation of, or per-
mit to be placed, maintained, used or kept in any room, space or build-
ing of any kind, public or quasi-public or private, owned, leased or occu-
pied by him or under his management or control any slot machine or
device as hereinafter defined; or,

(2) Make or permit to be made with any person any agreement, ex-
press or implied or in any other way, with reference to any slot machine or
device, as hereinafter defined, pursuant to which the user thereof, as a
result of any element of chance or other unpredictable outcome, may be-
come entitled to receive any money, credit, allowance or thing of value or
additional chance or right to use such machine or device, or to recelve any
check, slug, token or memorandum entitling the holder to receive any
money, credit, allowance or thing of value, whether through such machine
automatically or by delivery in any manner.

§ 18.1-331. Any machine, apparatus or device is a slot machine or de-
vice within the provisions of the preceding section if it is one that is
adapted or may readily be converted into one that is adapted, for use in such
a way that, as a result of the insertion of any piece of money or coin or
other object such machine or device is caused to operate or may be oper-
ated, and by reason of any element of chance or of other outcome of such
operation unpredictable by him the user (a) may receive or become entitled
to receive any piece of money, credit, allowance or thing of value, or any
check, slug, token or memorandum, whether of value or otherwise, which
may be exchanged for any money, credit, allowance or thing of value, or
which may be given in trade, or (b) may secure additional chances or rights
to use such machine, apparatus or device, irrespective of whether it may,
apart from any element of chance or unpredictable outcome of such oper-
ation, also sell, deliver or present some merchandise, indication of weight,
entertainment or other thing of value. Such machine, apparatus or device ig
no less a slot machine or device within the provisions of the preceding
section if it indicates beforehand the definite result of one or more oper-
ations but not of all operations.

§ 18.1-8332. Any person violating any provision of § 18.1-330 shall be
guilty of a misdemeanor and upon conviction shall be punished by a fine of
not less than fifty dollars and not more than one thousand dollars, or by
confinement in jail not less than thirty days and not more than twelve
months, or by both such fine and confinement.

§ 18.1-3833. Any article or apparatus possessed, maintained, kept or
used in violation of the provisions of § 18.1-330 is hereby declared to be a
public nuisance and may, together with all money and tokens therein, be
seized under a search warrant issued in accordance with law. Any money
so seized shall be forfeited to the Commonwealth and such article or ap-
paratus shall be destroyed.

§ 18.1-3834. If it shall come to the knowledge of the Governor that
§ 18.1-330 is not being enforced in any county, city or town, the Governor
may call upon the Attorney General to direct its enforcement in such
county, city or town, and thereupon the Attorney General may instruct the
attorney for the Commonwealth, sheriff and chief of police, if any, of such
county, or the attorney for the Commonwealth and chief of police of such
city, or the attorney for the Commonwealth of the county in which such
town is located and the chief of police or sergeant of such town, to take
such steps as may be necessary to insure the enforcement of such section in
such county, city or town, and if any such officers, after receiving such in-
structions, shall thereafter fail or refuse to exercise diligence in the enforce-
ment of § 18.1-330, the Attorney General shall make report thereof in
writing to the Governor and to the judge of the court of record having
jurisdiction over the acts thereby prohibited, and thereupon the Attorney
General upon being directed so to do by the Governor, shall take such step:
as he may deem proper in directing the institution and prosecution o!
criminal proceedings, to secure the enforcement of § 18.1-330.

§ 18.1-335. After a hearing, the Alcoholic Beverage Control Boarc
shall suspend or revoke the license of any person who it shall find has
violated or permitted the violation of § 18.1-830 upon premises for which
oer board shall have issued a license for the sale of wine or beer to the
public. |
_ § 18.1-336. Any person who shall conduct or be interested in conduct-
ing any game played for money or other thing of value, or “rake off” of
any money or other thing of value from a pool made up by those who are
engaged in playing cards or other game for money or other thing of value,
whether such “rake off” be for profit or for the necessary expenses of the
game or for any other purposes whatever, or shall receive directly or in-
directly any money or other thing of value as compensation for conducting
such game or for furnishing the room or paraphernalia for such game, shall
be guilty of a misdemeanor and shall be punished by confinement in jail not
less than six months nor more than twelve months.

§ 18.1-337. If a keeper of an ordinary or house of entertainment permit
unlawful gaming at his house or at any outhouse, booth, arbor or other
place appurtenant thereto or held therewith he shall be fined one hundred
dollars and shall forfeit his license and give surety for his good behavior
jor one year, or in default of such surety be confined in jail not exceeding

our months.

§ 18.1-338. In a prosecution under the preceding section, if the gaming
be proved, it shall be presumed it was permitted by the keeper of the house,
unless it appear that he did not know of or suspect such gaming or that he
endeavored to prevent it and gave information of it with the names of the
players to the next court of the county or corporation.

§ 18.1-339. If a keeper of an ordinary or house of entertainment let
or hire to another person any outhouse or other place which has been at any
time appurtenant to or held with the house kept by him, with intent that
uniawful gaming be permitted thereat, he shall suffer the same punishment
and incur the same forfeiture as if such unlawful gaming were permitted at
his own principal house; and in a prosecution therefor, if the gaming be
proved, it shall be presumed that such outhouse or other place was let or
hired with intent aforesaid, unless the presumption be repelled in the
manner mentioned in the preceding section.

§ 18.1-340. If any person:

(1) Set up, promote or be concerned in managing or drawing a lottery
or raffle for money or other thing of value,

(2) Knowingly permit such lottery in any house under his control,

(3) Knowingly permit money or other property to be raffled for in
such house, or to be won therein, by throwing or using dice, or by any other
yame of chance,

(4) Knowingly permit the sale in such house of any chance or ticket
n, or share of a ticket in, a lottery, or any writing, certificate, bill, token or
9ther device purporting or intended to guarantee or assure to any person,
yr entitle him to a prize or share of, or interest in a prize to be drawn in a
ottery, or,

(5) For himself or another person buy, sell or transfer, or have in
1is possession for the purpose of sale or with intent to exchange, negotiate
wr transfer, or aid in selling, exchanging, negotiating or transferring, a
hance or ticket in or share of a ticket in a lottery, or any such writing,
ertificate, bill, token or device,
He shall be confined in jail not exceeding one year, and fined not ex-
ceeding five hundred dollars; provided that any person who shall violate
any of the provisions of this section when such violation shall consist of
the operation or conduct of a lottery commonly known as the numbers
game or the numbers racket shall be confined in the penitentiary not less
than one year nor more than ten years and fined not less than five hundred
dollars, or in the discretion of the jury or the court trying the case without
a jury, he shall be confined in jail not less than six months nor more than
twelve months and fined not more than five hundred dollars, either or both.

§ 18.1-341. All money and things of value drawn or proposed to be
drawn by an inhabitant of this State and all money or things of value re-
ceived by such person by reason of his being the owner or holder of a ticket
or share of a ticket in any lottery or pretended lottery, contrary to this
chapter, and all money, gambling paraphernalia, office equipment and all
other personal property of any kind or character used in connection with
the promotion, operation or conduct of any lottery or attempted lottery
shall be forfeited to the Commonwealth and may be seized by an officer
and held to await proceedings for condemnation ; provided, that such forfel-
ture shall not extinguish the rights of any person without knowledge of
the illegal use of such property who is the lawful owner or who has a lien
on the same which has been perfected in the manner provided by law. The
money or other personal property so forfeited shall be disposed of as
provided by law.

§ 18.1-342. The governing body of any county having and operating
under the county board form of organization and government under Article
5 of Chapter 12 of Title 15 of the Code of Virginia or the county manager
form of organization and government under Chapter 11 of Title 15 of the
Code of Virginia, respectively, is hereby authorized and empowered to
adopt ordinances prohibiting lotteries and games of chance and providing
for the punishment of persons engaged in managing or promoting lotteries
or buying or selling chances or being concerned therein as provided by
§ 18.1-340 of the Code of Virginia. Such counties are authorized and em-
powered by ordinances to institute forfeiture proceedings as provided by
§ 18.1-341 of the Code of Virginia, and such proceedings for the enforce-
ment of said forfeitures may be instituted and conducted in the name of
said county, and the procedure shall be mutatis mutandis, the same as is
prescribed in § 19.1-17 of the Code of Virginia and other sections relating
thereto for forfeiture proceedings by the Commonwealth.

§ 18.1-348. Whenever any person shall be engaged in committing, or
in permitting to be committed, or shall be about to commit, or permit, any
act prohibited by any one or more of §§ 18.1-316 to 18.1-329 and §§ 18.1-336
to 18.1-340, the attorney for the Commonwealth of the county or city in
which such act is being, or is about to be, committed or permitted, or the
Attorney General of the State, may institute and maintain a suit in equity
in the appropriate court, in the name of the State, upon the relation of
such attorney for the Commonwealth, or the Attorney General, to enjoin
and restrain such person from committing, or permitting, such prohibited
act or acts. The procedure in any such suit shall be similar to the pro-
cedure in other suits for injunctions, except that no bond shall be required
upon the granting of either a temporary or permanent injunction therein.

ARTICLE 3
TOBACCO, CERTAIN DRUGS, WEAPONS, TOY FIREARMS, ETC.

§ 18.1-344. If any person sell, barter, give or furnish, or cause to be
sold, bartered, given or furnished to any minor under eighteen years of
age a pistol, dirk, switch-blade knife or bowie knife, having good cause
to believe him to be a minor under eighteen years of age, or if any person
sell, barter, give or furnish, or cause to be sold, bartered, given or furnished
to any minor under sixteen years of age cigarettes or tobacco in any form,
having good cause to believe him to be a minor under sixteen years of age
such person shall be guilty of a misdemeanor and be fined not less than
two dollars and fifty cents nor more than one hundred dollars.

18.1-345. Any manufacturer of cigarettes who shall employ opium,
marihuana, loco weed or any other sedative, narcotic or hypnotic drug, or
like chemical or substance, either in the tobacco used or paper wrappers
of cigarettes, cigars, tobacco or any otherwise undiluted foodstuff or bev-
erage, other than that advertised, sold and used as a drug or medicine,
shall be guilty of a misdemeanor and upon conviction shall be fined not less
than one hundred dollars nor more than one thousand dollars, or confined
in jail not less than six months nor more than twelve months, or both, for
each offense.

§ 18.1-346. All cannabis, coca leaves, heroin, cocaine, opium, mor-
phine, or laudanum, or any compound, manufacture, mixture, salt, deriva-
tive or preparation thereof; or any synthetic substitute for cannabis, coca
leaves, heroin, cocaine, opium, morphine, or laudanum, or any compound,
manufacture, mixture, salt, derivative or preparation thereof, used in viola-
tion of § 18.1-345 of the Code of Virginia or §§ 54-487 to 54-519, inclusive,
of the Code, known as the “Uniform Narcotic Drug Act”, or found in the
possession of any person contrary to the “Uniform Narcotic Drug Act’;
and all money, medical equipment, office equipment, laboratory equipment
and all other personal property of any kind or character, used in connec-
tion with the use or possession of such drugs in violation of law, shall be
forfeited to the Commonwealth and may be seized by an officer to be dis-
posed of as provided by law.

§ 18.1-347. No person shall sell, barter, exchanye, turnish, or dispose
of by purchase, gift or in any other manner any toy gun, pistol, rifle or
other toy firearm, if the same shall, by means of powder or other explosive,
discharge blank or ball charges. Any person violating the provisions of
this section shall be guilty of a misdemeanor, and, upon conviction thereof,
shall be fined not less than fifty dollars nor more than one hundred dollars,
or confined in jail for a period not less than thirty nor more than ninety
days, or both. Each sale of any of the articles hereinbefore specified to
any person shall constitute a separate offense.

Nothing in this section shall be construed as preventing the sale of
what are commonly known as cap pistols.

§ 18.1-348. The provisions of this article shall not supersede the pro-
visions of §§ 54-440 through 54-445 of this Code.

ARTICLE 4
POOL ROOMS AND DANCE HALLS

§ 18.1-349. No minor shall frequent, play in or loiter in any public
poolroom or billiard room operated in conjunction with any establishment
licensed under the Alcoholic Beverage Control Act; nor shall any minor
under eighteen years of age frequent, play in or loiter in any other public
poolroom or billiard room; nor shall the proprietor of any public pool-
room or billiard room or his agent permit any minor to frequent, play in
or loiter in any such place in violation of the foregoing provisions of this
section.

Any such minor or any such proprietor or agent violating the pro-
visions of this section shall be guilty of a misdemeanor and punished by
a fine of not less than five dollars or by imprisonment in jail not more
than six months or by both such fine and imprisonment.

But nothing in this section shall apply to any poolroom or billiard room
located at a health resort with a natural mineral spring, nor to military or
naval personnel in uniform in any poolroom or billiard room, or within any
county which has adopted the county manager form of organization and
government provided for in Chapter 11 of Title 15 of this Code, and which
has adopted an ordinance regulating the frequenting of poolrooms and
billiard rooms by minors. Any such county is hereby authorized to adopt
such ordinances.

§ 18.1-850. No person, firm or corporation shall, in any county in this
State, operate or conduct a public dance hall, as herein defined, without a
permit. Such permit may be obtained from the circuit court of the county
in which such public dance hall is located, or the judge thereof in vacation,
on satisfactory evidence that the applicant is a proper person to receive
the same. It may be revoked at any time by the court or judge granting
the same. This section, however, shall not apply to dances held for benevo-
lent or charitable purposes, or when the same are conducted under the
auspices of religious, educational, civic or military organizations.

§ 18.1-351. A public dance hall, within the meaning of the preceding
section, shall be construed to mean any place open to the general public
where dancing is permitted to which an admission fee is charged or for
which compensation is in any manner received either directly or indirectly
by cover charge or otherwise, or where refreshments or food or any form
of merchandise are served for compensation before, during or after danc-
ing. The sale of any refreshments, food or any form of merchandise at
any such place or the exhibiting of such for sale shall be deemed direct
compensation for any such dance hall within the meaning of this section.

§ 18.1-352. Any person violating any provision of § 18.1-350 shall be
guilty of a misdemanor and, upon conviction therof, shall be fined not less
than fifty nor more than five hundred dollars for each offense.

§ 18.1-353. Nothing contained in §§ 18.1-350 to 18.1-352 shall be con-
strued as exempting any such public dance hall from the payment of any
license tax imposed by law; and the governing body of each and every
county is hereby authorized to impose a county license of not exceeding
six hundred dollars on every person operating or conducting any such
public dance hall in such county.

§ 18.1-354. The governing body of any county may, by ordinance,
regulate licensed public dance halls as defined in § 18.1-351 by prescribing
the hours and times during which such licensed dance halls shall not be
kept open or operated in such county.

Any county may prescribe the punishment for violations of ordi-
nances adopted pursuant to this section or § 18.1-353.

ARTICLE 5
PRIZE FIGHTING, ETC.

§ 18.1-355. No person, club, corporation, association or other organiza-
tion shall engage in or conduct any wrestling, boxing or sparring exhibition
or match except in compliance with the provisions of Chapter 4 of Title 9
of this Code.

ARTICLE 6
SEGREGATION OF RACES

§ 18.1-856. Every person, firm, institution or corporation operating,
maintaining, keeping, conducting, sponsoring or permitting any public
hall, theatre, opera house, motion picture show or any place of public en-
tertainment or public assemblage which is attended by both white and
colored persons shall separate the white race and the colored race and
shall set apart and designate in each such public hall, theatre, opera house,
motion picture show or place of public entertainment or public assemblage
certain seats therein to be occupied by white persons and a portion thereof,
or certain seats therein, to be occupied by colored persons and any such
person, firm, institution or corporation that shall fail, refuse or neglect to
comply with the provisions of this section shall be guilty of a misdemeanor
and upon conviction thereof shall be fined not less than one hundred dollars
nor more than five hundred dollars for each offense.

§ 18.1-357. Any person who fails, while in any public hall, theatre,
opera house, motion picture show or place of public entertainment or public
assemblage, to take and occupy the seat or other space assigned to them
In pursuance of the provisions of the preceding section by the manager,
usher or other person in charge of such public hall, theatre, opera house,
motion picture show or place of public entertainment or public assemblage
or whose duty is to take up tickets or collect the admission from the guests
therein, or who shall fail to obey the request of such manager, usher or
other person, as aforesaid, to change his seat from time to time as occasion
requires, in order that the preceding section may be complied with, shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined
not less than ten dollars nor more than twenty-five dollars for each offense.
Furthermore such person may be ejected from such public hall, theatre,
opera house, motion picture show or other place of public entertainment or
public assemblage by any manager, usher or ticket taker, or other person
in charge of such public hall, theatre, opera house, motion picture show
or place of public entertainment or public assemblage, or by a police officer
or any other conservator of the peace, and if such person ejected shall have
paid admission into such public hall, theatre, opera house, motion picture
show or other place of public entertainment or public assemblage, he shall
not be entitled to a return of any part of the same.

ARTICLE 7

SUNDAY OFFENSES

§ 18.1-358. If a person on a Sunday be found laboring at any trade or
calling, or employ his apprentices or servants in labor or other business,
except in household or other work of necessity or charity, he shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined
not less than five dollars for each offense. Every day any person or servant
or apprentice is so employed shall constitute a distinct offense and the court
in which or the judge by whom any judgment of conviction is rendered
may require of the person so convicted a recognizance on a penalty of not
less than one hundred or more than five thousand dollars, with or without
security, conditioned that such person shall be of good behavior, and
especially to refrain from a repetition of such offense, for a period not
exceeding twelve months. This section shall not apply to furnaces, kilns,
plants and other business of like kind that may be necessary to be conducted
on Sunday, nor to the sale of gasoline, or any motor vehicle fuel, or any
motor oil or oils, nor to the operation of motion picture theatres.

§ 18.1-359. The penalty imposed by the preceding section shall not be
incurred by any person who conscientiously believes that the seventh day
of the week ought to be observed as a Sabbath, and actually refrains from
all secular business and labor on that day, provided he does not compel an
apprentice or servant, not of his belief, to do secular work of business on a
Sunday, and does not on that day disturb any other person.

§ 18.1-360. No railroad company, receiver, or trustee, controlling or
operating a railroad, shall, by any agent or employee, load, unload, run or
transport upon such road on a Sunday, any car, train of cars or locomotive,
nor permit the same to be done by any such agent or employee, except:

(1) When such ears, trains or locomotives are used exclusively for
the relief of a wrecked train or trains so disabled as to obstruct the main
track of the railroad;

(2) For the transportation of the United States mail;
(3) For the transportation of passengers and their baggage;

(4) When such cars, trains or locomotives constitute interstate freight
trains exclusively, which trains may be run through the State of Virginia
without stopping at local stations for interchange of freight; or

(5) For the transportation of live stock or articles of such perishable
nature as would necessarily impair in value by one day’s delay in their
passage; provided, however, that if it should be necessary to transport
live stock or perishable articles on a Sunday to an extent not sufficient to
make a whole train load, such train load may be made up with cars loaded
with ordinary freight.

But the State Corporation Commission may, at such times as necessity
may require, either to meet an emergency or to save life or property, sus-
pend the restriction of this section and authorize the running, loading or
unloading on Sunday of freight trains on any railroad, and of any car or
locomotive.

The State Corporation Commission may upon petition, duly verified,
of any railroad company, either by general rule or special order, or both,
authorize the running, loading or unloading on Sunday of freight trains
on such railroad, and of any car or locomotive, for any of the causes in the
provisions of this section.

§ 18.1-361. The word “Sunday” as used in the preceding section shall
be construed to embrace only that portion of the day between sunrise and
sunset; and trains in transitu having started prior to twelve o’clock on
Saturday night, may, in order to reach the terminus or shops of the rail-
road, run until nine o’clock the following Sunday morning, but not later.

§ 18.1-362. Any railroad company, receiver, or trustee violating the
provisions of § 18.1-360 shall be deemed to have committed a separate
offense in each county or corporation in which such car, train of cars, or
locomotive shall run, or in which such car or train of cars shall be loaded
or unloaded; and shall be fined not less than fifty nor more than one hun-
dred dollars for each offense.

§ 18.1-863. No steamboat company shall by any agent or employee
load or unload on a Sunday any steamship or steamboat arriving at any
port or landing on the bays, rivers, or other waters of this State or permit
the same to be done by any such agent or employee except when such
steamship or steamboat is for the transportation

(1) Of the United States mails,

(2) Of passengers and their baggage, or

(3) Of through freight in transitu, or of live stock, or of articles of
such perishable nature as would be necessarily impaired in value by one
day’s delay in their passage. But nothing in this section shall be construed
as preventing any steamship or steamboat arriving at any port or landing
on the bays, rivers, and other waters of this State not its final point of
destination from unloading any and all freight intended for delivery at such
intermediate port or landing or from loading and taking on any and all
freight intended for shipment from such intermediate port or landing to
the final destination of such steamship or steamboat. Any steamship or
steamboat company violating the provisions of this section shall be deemed
to have committed a separate offense in each county or corporation in which
such steamship or steamboat shall land and be unloaded and shall be fined
in a sum not less than fifty nor more than one hundred dollars for each

offense.
ARTICLE 8
WEARING MASKS, BURNING CROSSES, ETC.

§ 18.1-364. It shall be unlawful for any person over sixteen years of
age while wearing any mask, hood or other device whereby a substantial
portion of the face is hidden or covered so as to conceal the identity of the
wearer, to be or appear in any public place, or to be or appear upon any
private property in this State without first having obtained from the owner
or tenant thereof consent to do so in writing. Provided, however, that the
provisions of this section shall not apply to persons wearing traditional
holiday costumes, or to persons engaged in professions, trades, employ-
ment or other activities and wearing protective masks which are deemed
necessary for the physical safety of the wearer or other persons, or to per-
sons engaged in any bona fide theatrical production or masquerade ball.

§ 18.1-365. It shall be unlawful for any person or persons to place
or cause to be placed on the property of another in the Commonwealth of
Virginia a burning or a flaming cross, or any manner of exhibit in which
a burning or flaming cross, real or simulated, is a whole or a part, without
first obtaining written permission of the owner or occupier of the premises
so to do.

§ 18.1-866. It shall be unlawful for any person or persons while
masked or unmasked to place or cause to be placed anywhere in the Com-
monwealth of Virginia any exhibit of any kind or to commit or cause to be
committed any act with the intention of intimidating any person or per-
sons, and thereby preventing them from doing any act which is lawful, or
causing them to do any act which is unlawful.

§ 18.1-367. Any person violating the provisions of this article shall be
punished by confinement in the penitentiary for not less than one nor more
than five years, or, in the discretion of the jury, or the court trying the
case without a jury, by a fine of not more than five hundred dollars and a
jail sentence of not more than twelve months.

ARTICLE 9
EMERGENCY TELEPHONE CALLS

§ 18.1-368. Any person who fails to relinquish a telephone party line
after he has been requested to do so to permit another to place an emer-
gency call, shall be guilty of a misdemeanor and punished by a fine of not
more than twenty-five dollars or by confinement in jail for not more than
ten days, or both; provided, that this section shall not apply to any person
who is himself using the telephone party line for such an emergency call.

§ 18.1-369. Any person who requests another to relinquish a telephone
party line on the pretext that he must place an emergency call, knowing
such pretext to be false, shall be guilty of a misdemeanor and punished as
provided in § 18.1-368.

§ 18.1-370. As used in this article “telephone party line’ means a
subscribers’ line circuit consisting of two or more main telephone stations
connected therewith, each station with a distinctive ring or telephone num-
ber. “Emergency call” means a call to report a fire or summon police, or
for medical aid or ambulance service, in a situation where human life or
property are in jeopardy and the prompt summoning of aid is essential.

§ 18.1-371. Every telephone directory distributed to the public which
lists the calling numbers of telephones or of any telephone exchange lo-
cated in this State shall contain a notice which explains the offenses made
punishable under §§ 18.1-368 and 18.1-369, such notice to be printed in type
which conforms with and is comparable to other type on the same page,
and to be placed in a prominent place in such directory. Any violation of
this section shall be a misdemeanor and punished as provided in § 18.1-368.

ARTICLE 10

SOLICITING OR SPENDING FUNDS FOR LITIGATION

§ 18.1-372. As used in this article the term “person” shall mean any
individual, partnership, corporation or association, whether formally or
informally organized. ‘‘Party” shall include an amicus curise.
§ 18.1-373. No person shall engage in the solicitation of funds from
the public or any segment thereof when such funds will be used in whole
or in part to commence or to prosecute further any original proceeding,
unless such person is a party or unless he has a pecuniary right or liability
therein, nor shall any person expend funds from whatever source received
to commence or to prosecute further any original proceeding, unless such
person is a party or has a pecuniary right or liability therein, until any
person shall first:

(1) If a partnership, corporation or association, file annually, in the
month of January or within sixty days after the engaging in of any activity
subject to this article, with the clerk of the State Corporation Commission
(a) a certified copy of the charter, articles of agreement or association, by-
laws or other documents, creating, governing or regulating the operation
of such partnership, corporation or association if not of record in the office
of the State Corporation Commission; (b) a certified list of the names and
addresses of the officers, directors, stockholders, members, agents and em-
ployees or other persons acting for or in behalf of such partnership, corpo-
ration or association; (c) a certified statement showing the source of each
and every contribution, membership fee, dues payment or other item of
income or other revenue of such partnership, corporation or association
during the preceding calendar year and if required by the State Corpora-
tion Commission the name and address of each and every person or cor-
poration or association making any donation or contribution; (d) a certi-
fied statement showing in detail by each transaction the expenditures of
such partnership, corporation or association during the preceding calendar
year, the objects for which made and any other information relative thereto
required by the State Corporation Commission; and (e) a certified state-
ment showing the locations of each office or branch of such partnership,
corporation or association, and the counties and cities in which it proposes
to or does finance or maintain litigation to which it is not a party.

(2) If an individual, file annually with the clerk of the State Corpora-
tion Commission (a) the home and each business address of such individ-
ual; (b) the name and address of any partnership, corporation or associa-
tion for whom such individual acts or purports to act; (c) the names and
addresses of all directors and officers of any such partnership, corporation
or association; (d) a certified statement showing the source of each and
every contribution, dues payment or membership fee collected by such in-
dividual during the preceding calendar year; and (e) a certified statement
in detail by each transaction the expenditures made by such individual
for the purpose of financing or maintaining litigation to which such in-
dividual is not a party.

§ 18.1-374. If any individual shall violate any provision of this article
he shall be guilty of a misdemeanor and may be punished as provided by
law. If any partnership, corporation or association violates any provision
of this article it may be fined not more than ten thousand dollars, and
if a foreign corporation or association shall be denied admission to do busi-
ness in Virginia, if not admitted, and if admitted, shall have its authority
to do business in Virginia revoked.

§ 18.1-375. Any individual, acting for himself or as an agent or em-
ployee of any partnership, corporation or association, who shall file any
statement, certificate or report required by this article, knowing the same
to be false or fraudulent, shall be guilty of a felony and punished as pro-
vided in §§ 18.1-376 and 18.1-377 of the Code.

§ 18.1-376. Any individual acting as an agent or employee of any
partnership, corporation or association in any activity in violation of this
article shall be guilty of a misdemeanor and may be punished as provided
by law.
§ 18.1-377. Any court of record having civil jurisdiction shall have
power to enjoin violations of this article. A violation shall be deemed to
have occurred in any county or city in which any partnership, corporation
or association expends funds to commence, prosecute or further any judicial
proceeding to which it is not a party or in which it has no pecuniary right
or liability, or in which county or city it solicits, accepts or recelves any
money or thing of value to be used for such purpose, without having filed
the information required in § 18.1-373, and the court or judge hearing the
application shall have power to enjoin the violator from any violation of
this article anywhere in this State.

§ 18.1-378. In any case in which a citizen files a statement with the
Attorney General, alleging on information and belief that a violation of
this article has occurred and the particulars thereof are set forth, the
Attorney General, after investigation and a finding that the complaint is
well founded, shall institute proceedings in the Circuit Court of the City of
Richmond for an injunction to restrain the violation complained of, and
such court is hereby vested with jurisdiction to grant the same.

§ 18.1-379. If a fine is imposed on any partnership, corporation or
association for violation of the provisions of this article, each director and
officer of such corporation or association, each member of the partnership,
and those persons responsible for the management or control of the affairs
of such partnership, corporation or association may be held jointly and
severally personally liable for payment of such fine.

ARTICLE 11

ACTIVITIES TENDING TO CAUSE RACIAL
CONFLICTS OR VIOLENCE

§ 18.1-380. The continued harmonious relations between the races
are hereby declared essential to the welfare, health and safety of the peo-
ple of Virginia. It is contrary to the public policy of the State to permit
those conditions to arise between the races which impede the peaceful co-
existence of all peoples in the State and it is the duty of the government
of the State to exercise all available means and every power at its com-
mand to prevent the same so as to protect its citizens from any dangers,
perils and violence which would result from inter-racial tension and unrest
and possible violations of Article 2 (§ 18.1-27 et seq.) of Chapter 2 of Title
18.1 of the Code of Virginia. It is therefore further declared that it is
vital to the public interest that information to the extent and in the manner
hereinafter provided be obtained with respect to persons, firms, partner-
ships, corporations and associations whose activities are causing or may
cause inter-racia] tension and unrest.

§ 18.1-381. Every person, firm, partnership, corporation or associa-
tion, whether by or through its agents, servants, employees, officers or
voluntary workers or associates, who or which engages as one of its princi-
pal functions or activities in the promoting or opposing in any manner the
passage of legislation by the General Assembly in behalf of any race or
color, or who or which has as one of its principal functions or activities
the advocating of racial integration or segregation or whose activities
cause or tend to cause racial conflicts or violence, or who or which is en-
gaged or engages in raising or expending funds for the employment of
counsel or payment of costs in connection with litigation in behalf of any
race or color, in this State, shall, within sixty days after December 29,
1956, and annually within sixty days following the first of each year there-
after, cause his or its name to be registered with the clerk of the State
Corporation Commission, as hereinafter provided; provided that in the
case of any person, firm, partnership, corporation, association or organiza-
tion, whose activities have not been of such nature as to require it to regis-
ter under this article, such person, firm, partnership, corporation, associa-
tion or organization, within sixty days following the date on which he or it
engages in any activity making registration under this article applicable,
shall cause his or its name to be registered with the clerk of the State Cor-
poration Commission, as hereinafter provided; and provided, further, that
nothing herein shall apply to the right of the people peaceably to assemble
and to petition the government for a redress of grievances, or to an in-
dividual freely speaking or publishing on his own behalf in the expression
of his opinion and engaging in no other activity subject to the provisions
hereof and not acting in concert with other persons.

§ 18.1-382. At the time of such registration, the following informa-
tion as to the preceding twelve month period shall be furnished under oath
and filed in such clerk’s office:

If the registrant is an individual, firm or partnership, the home and
each business address of such individual, or member of the firm or part-
nership, the source or sources of any funds received or expended for the
purposes set forth in § 18.1-381, including the name and address of each
person, firm, partnership, association or corporation making any contribu-
tion, donation or gift for such purposes; and an itemized statement of ex-
penditures for such purposes in detail.

If the registrant is a firm, partnership, corporation, association or
organization, the business addresses of the principal and all branch offices
of the registrant; the purpose or purposes for which such firm, partnership,
corporation, association or organization was formed; if not already filed, a
certified copy of the charter, articles of agreement or association, by-laws
or other documents governing or regulating the operations of such firm,
partnership, corporation or association; the names of the principal officers,
the names and addresses of its agents, servants, employees, officers or
voluntary workers or associates by or through which it carries on or in-
tends to carry on the activities described in § 18.1-381 in this State; a list
of its stockholders or members in this State and their addresses; a financial
statement showing the assets and liabilities of the registrant and the source
or sources of its income, itemizing in detail any contributions, donations,
gifts or other income, and from what source or sources received during the
calendar year preceding such initial registration and each year thereafter;
and a list of its expenditures in detail for the same period.

§ 18.1-383. The clerk of the State Corporation Commission shall pre-
pare and keep in his office the files containing the information required
by §§ 18.1-381 and 18.1-382. Such records shall be public records and shall
be open to the inspection of any citizen at any time during the regular busi-
ness hours of such office.

§ 18.1-384. (a) Any person, firm or partnership who or which engages
in the activities described in § 18.1-381 without first causing his or its
name to be registered and information to be filed as herein required shall
be guilty of a misdemeanor and punished accordingly.

(b) Any corporation, association or organization which shall engage
in any activity described in § 18.1-381 without first causing its name to be
registered and information to be filed as herein required shall upon con-
viction be fined not exceeding ten thousand dollars.

(c) Any person, acting for himself or as agent or employee of any
firm, partnership, corporation or association, who shall file any statement,
certificate or report required by this article, knowing the same to be false
or fraudulent, shall be guilty of a felony and punished as provided in
§§ 18.1-274 and 18.1-275 of the Code.

(d) When any corporation or association, upon conviction of violation
of the provisions of this article, has been sentenced to payment of a fine,
and has failed to promptly pay the same, both the corporation or associa-
tion and each officer and director and those persons responsible for the
management or control of the affairs of such corporation or association
may be held liable jointly and severally for such fine.

(e) Each day’s failure to register and file the information required
by § 18.1-381 shall constitute a separate offense and be punished as such.

§ 18.1-385. Any person, firm, partnership, corporation or association
engaging in any activity described in § 18.1-381 without complying with
this article may be enjoined from continuing in any such activity by any
court of competent jurisdiction.

§ 18.1-386. In any case in which a citizen files a statement with the
Attorney General alleging on information and belief that a violation of
this article has occured and the particulars thereof are set forth, the At-
torney General after investigation and a finding that the complaint is well
founded shall institute proceedings in the Circuit Court of the City of
Richmond for an injunction to restrain the violation complained of, and
such court is hereby vested with jurisdiction to grant the same.

§ 18.1-387. This article shall not apply to persons, firms, partnerships,
corporations or associations who or which carry on such activity or business
solely through the medium of newspapers, periodicals, magazines or other
like means which are or may be admitted under United States postal reg-
ulations as second-class mail matter in the United States mails as defined
in Title 39, § 224, United States Code Annotated, and/or through radio, tele-
vision or facsimile broadcast or wire service operations. This article shall
also not apply to any person, firm, partnership, corporation, association,
organization or candidate in any political election campaign, or to any com-
mittee, association, organization or group of persons acting together be-
cause of activities connected with any political campaign.

ARTICLE 12

BARRATRY

§ 18.1-388. (a) “Barratry” is the offense of stirring up litigation.

(b) A “barrator” is an individual, partnership, association or corpora-
tion who or which stirs up litigation.

(c) “Stirring up litigation” means instigating or attempting to insti-
gate a person or persons to institute a suit at law or equity.

(d) “Instigating’ means bringing it about that all or part of the ex-
penses of the litigation are paid by the barrator or by a person or persons
(other than the plaintiffs) acting in concert with the barrator, unless the
instigation is justified.

(e) “Justified”? means that the instigator is related by blood or mar-
riage to the plaintiff whom he instigates, or that the instigator is entitled
by law to share with the plaintiff in money or property that is the subject of
the litigation or that the instigator has a direct interest in the subject mat-
ter of the litigation or occupies a position of trust in relation to the plain-
tiff ; or that the instigator is acting on behalf of a duly constituted legal aid
society approved by the Virginia State Bar which offers advice or assistance
in all kinds of legal matters to all members of the public who come to it for
advice or assistance and are unable because of poverty to pay legal fees.

(f) “Direct interest” means a personal right or a pecuniary right or
liability.

This article shall not be applicable to attorneys who are parties to con-
tingent fee contracts with their clients where the attorney does not protect
the client from payment of the costs and expense of litigation, nor shall this
article apply to any matter involving annexation, zoning, bond issues, or the
holding or results of any election or referendum, nor shall this article apply
to suits pertaining to or affecting possession of or title to real or personal
property, regardless of ownership, nor shall this article apply to suits in-
volving the legality of assessment or collection of taxes or the rates thereof,
nor shall this article apply to suits involving rates or charges or services
by common carriers or public utilities, nor shall this article apply to crim-
inal prosecutions, nor to the payment of attorneys by legal aid societies
approved by the Virginia State Bar, nor to proceedings to abate nuisances.
Nothing herein shall be construed to be in derogation of the constitutional
rights of real parties in interest to employ counsel or to prosecute any avail-
able legal remedy under the laws of this State.

§ 18.1-389. It shall be unlawful to engage in barratry.

§ 18.1-390. A person found guilty of barratry, if an individual, shall
be guilty of a misdemeanor, and may be punished as provided by law; and
if a corporation, may be fined not more than ten thousand dollars. If the
corporation be a foreign corporation, its certificate of authority to transact
business in Virginia shall be revoked by the State Corporation Commission.

§ 18.1-391. A person who aids and abets a barrator by giving money
or rendering services to or for the use or benefit of the barrator for commit-
ting barratry shall be guilty of barratry and punished as provided in
§ 18.1-390.

§ 18.1-392. Courts of record having equity jurisdiction shall have
jurisdiction to enjoin barratry. Suits for an injunction may be brought by
the Attorney General or the attorney for the Commonwealth.

§ 18.1-393. Conduct that is made illegal by this article on the part of an
attorney at law or any person holding license from the State to engage in a
profession is unprofessional conduct. Upon hearing pursuant to the pro-
visions of § 54-74 of the Code, or other statute applicable to the profession
concerned, if the defendant be found guilty of barratry, his license to prac-
tice law or any other profession shall be revoked for such period as pro-

vided by law.
ARTICLE 13

INDUCING PROCEEDINGS AGAINST STATE,
POLITICAL SUBDIVISIONS, ETC.

§ 18.1-394. (a) It shall be unlawful for any person not having a direct

interest in the proceedings, either before or after proceedings commenced:

e to promise, give or offer, or to conspire or agree to promise, give or
offer, or

to receive or accept, or to agree or conspire to receive or accept, or

to solicit, request or donate,
any money, bank note, bank check, chose in action, personal service or any
other personal or real property, or any other thing of value, or any other
assistance as an inducement to any person to commence or to prosecute
further any original proceeding in any court of this State, or before any
board or administrative agency within the said State, or in any United
States court located within the said State against the Commonwealth of
Virginia, any department, agency or political subdivision thereof, or any
person acting as an officer or employee for either or both or any of the fore-
going; provided, however, this section shall not be construed to prohibit
the constitutional right of regular employment of any attorney at law, for
either a fixed fee or upon a contingent basis, to represent such person, firm,
partnership, corporation, group, organization or association before any
court or board or administrative agency.

(b) It shall be unlawful for any person, not related by blood or mar-
riage or who does not occupy a position of trust or a position in loco par-
entis to one who becomes the plaintiff in a suit or action, who has no direct
interest in the subject matter of the proceeding and whose professional ad-
vice has not been sought in accordance with the Virginia canons of legal
ethics, to advise, counsel or otherwise instigate the bringing of a suit or
action against the Commonwealth of Virginia, any department, agency or
political subdivision thereof, or any person acting as an officer or employee
for either or both or any of the foregoing.

(c) As used in this article, “person” includes person, firm, partner-
ship, corporation, organization or association; “direct interest” means a
personal right or a pecuniary right or liability.

(d) Any person violating any of the provisions of this section shall be
guilty of a misdemeanor and, upon conviction thereof, shall be fined not
more than one thousand dollars or confined in jail for not more than one
year, or both.

§ 18.1-395. Every person who commences or prosecutes or assists in
the commencement or prosecution of any proceeding against one of the par-
ties set forth in paragraph (a) of § 18.1-394 in any court in this State, or
before any board or administrative agency therein, or who may take an
appeal from any such rule, order or judgment thereof, shall, on motion
made by any of the parties to such proceeding or by the court or board or
administrative agency in which such proceeding is pending, file with such
court or agency, as a condition precedent to the further prosecution of such
proceeding, the following affidavit:

I, (name of individual or corporation, organization or association, firm
or partnership), petitioner (or plaintiff, appellant or whatever party he
may be, or an officer thereof if a corporation, organization or association,
firm or partnership) in this matter, do hereby swear (or affirm) that I have
(or the corporation, organization or association, firm or partnership has)
neither received, nor conspired to receive, nor have I (nor has the corpora-
tion, organization or association, firm or partnership), been promised or
tendered any valuable consideration or assistance not permitted by law as
an inducement to the commencement or further prosecution of the proceed-
ings in this matter, nor has the same been instigated in violation of law.

(Signature of Affiant)
Affiant

Sworn to and subscribed before me on this, the (date) day of (month),
19 (year).

(Signature of Official Authorized to Administer Oaths)
(Title of Official)

In the case of any firm, corporation, group, organization, partnership
or association required to make the above affidavit, such affidavit shall be
made by the person having custody and control of the books and records
of such firm, corporation, group, organization or association and one of the
principal officers thereof.

Forms for such affidavit shall be furnished by the clerk of the court,
and shall have printed at the bottom thereof the text of § 18.1-397 under the
heading “PENALTY”.

§ 18.1-396. Every attorney representing any person, firm, partner-
ship, corporation, group, organization or association in any proceeding in
any court or before any board or administrative agency in this State or who
may take an appeal from any rule, order or judgment thereof, shall, on
motion made by any of the parties to such proceeding or by the court or
board or agency in which such proceeding is pending, file, as a condition
precedent to the further prosecution of such proceeding, the following
affidavit:

I, (name), attorney representing (name of party), petitioner (or
plaintiff, appellant or whatever party he may be) in this matter, do hereby
swear (or affirm) that neither I nor, to the best of my knowledge and belief,
any other person, firm, partnership, corporation, group, organization or
association has promised, given or offered, or conspired to promise, give or

offer, or solicited, received or accepted any valuable consideration or any

assistance not permitted by law to said (name of party) as an inducement

to said (name of party) to the commencement or further prosecution of the

proceedings herein, nor has the same been instigated in violation of law.
(Signature of Affiant)

lant
19 ¢ ake te to and subscribed before me on this, the (date) day of (month),
year),
(Signature of Official Authorized to Administer Oaths)
(Title of Official)

Forms for such affidavit shall be furnished by the clerk of the court,
and shall have printed at the bottom thereof the text of § 18.1-397 under
the heading “PENALTY”.

§ 18.1-397. Every person or attorney who shall file a false affidavit
shall be guilty of perjury and shall be punished as provided by law. Every
attorney who shall file a false affidavit, or who shall violate any other pro-
vision of this article, upon final conviction thereof, shall also be disbarred
by order of the court in which convicted. Any attorney who shall file a false
affidavit, or violate any other provision of this article, and who is not a
member of the Virginia State Bar, shall, in addition to the other penalties
provided by this article, be forever barred from practicing before any court
or board or administrative agency of this State.

§ 18.1-898. No person shall be excused from attending or testifying
or producing evidence of any kind before a grand jury or before any court,
or in any cause or proceeding, criminal or otherwise, based upon or growing
out of any alleged violation of the provisions of this article on the ground
or for the reason that the testimony or evidence, documentary or otherwise,
required of him may tend to incriminate him or subject him to a penalty or
forfeiture. But no person shall be prosecuted or subject to any penalty or
forfeiture for, or on account of, any transaction, matter or thing, concern-
ing which he may be required to testify or produce evidence, documentary
or otherwise, before the grand jury or court or in any cause or proceeding
brought by the Commonwealth; provided, that no person so testifying shall
be exempt from prosecution or punishment for perjury in so testifying.
Any person who shall neglect or refuse to so attend or testify, or to answer
any lawful inquiry, or to produce books or other documentary evidence, if
in his power to do so, shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not less than one hundred dollars nor
more than one thousand dollars, or by imprisonment for not more than one
hundred eighty days, or by both such fine and imprisonment.

§ 18.1-399. This article shall not be applicable to attorneys who are
parties to contingent fee contracts with their clients where the attorney
does not protect the client from payment of the costs and expense of litiga-
tion, nor shall this article apply to a mandamus proceeding against the State
Comptroller, nor shall this article apply to any matter involving zoning,
annexation, bond issues, or the holding or results of any election or refer-
endum, nor shall this article apply to suits pertaining to or affecting posses-
sion of or title to real or personal property, regardless of ownership, nor
shall this article apply to suits involving the legality of assessment or collec-
tion of taxes or the rates thereof, nor shall this article apply to suits involv-
ing rates or charges or services by common carriers or public utilities, nor
shall this article apply to criminal prosecutions, nor to the payment of
attorneys by legal aid societies approved by the Virginia State Bar, nor to
proceedings to abate nuisances. Nothing herein shall be construed to be in
derogation of the constitutional right of rea] parties in interest to employ
counsel or to prosecute any available legal remedy under the laws of this
State. The provisions hereof shall not affect the right of a lawyer in good
faith to advance expenses as a matter of convenience but subject to reim-
bursement.

§ 18.1-400. Nothing in this article shall affect the provisions of

§ 29-10.1.
ARTICLE 14
MISCELLANEOUS OFFENSES

§ 18.1-401. It shall be unlawful for any person knowingly to give a
false report as to the commission of any crime to any sheriff, deputy, mem-
ber of the State Police, police officer or any other law enforcement official
with intent to mislead. Violation of the provisions hereof shall be a mis-
demeanor.

$18.1-402. Whoever gives, promises or offers any valuable thing to any
professional or amateur participant or prospective participant in any game,
contest or sport, with intent to influence him to lose or try to lose or cause
to be lost or to limit his or his team’s margin of victory in any professional
or amateur game, contest or sport in which such participant is taking part
or expects to take part, or has any duty or connection therewith, shall be
guilty of a felony, punishable by imprisonment for not less than one year,
nor more than ten years or by a fine of not more than ten thousand dollars,
either or both, or, in the discretion of the jury or the court trying the case
without a jury, confined in jail not exceeding twelve months or fined not
exceeding five hundred dollars, either or both.

§ 18.1-403. A professional or amateur participant or prospective par-
ticipant in any game, contest or sport or a manager, coach or trainer of any
team or individual participant or prospective participant in any such game,
contest or sport, who solicits or accepts any valuable thing to influence him
to lose or try to lose or cause to be lost or to limit his or his team’s margin
of victory in any game, contest or sport in which he is taking part, or ex-
pects to take part, or has any duty or connection therewith, shall be guilty
of a felony, punishable by imprisonment for not less than one year nor more
than five years or by a fine of not more than ten thousand dollars, or by
confinement in jail not exceeding twelve months or by a fine not exceeding
five hundred dollars, either or both, or, in the discretion of the jury or the
court trying the case without a jury, confined in jail not exceeding twelve
months or fined not exceeding five hundred dollars, either or both.

§ 18.1-404. (1) Any person who gives, offers or promises to an agent,
employee or servant any gift or gratuity whatever, without the knowledge
and consent of the principal, employer or master of such agent, employee or
servant, with intent to influence his action to the prejudice of his princi-
pal’s, employer’s or master’s business:

(2) An agent, employee or servant who, without the knowledge and
consent of his principal, employer or master requests or accepts a gift or
gratuity or a promise to make a gift or to do an act beneficial to himself,
under an agreement or with an understanding that he shall act in any
particular manner as to his principal’s, employer’s or master’s business ;

(8) An agent, employee or servant who, being authorized to procure
materials, supplies or other articles either by purchase or contract for his
principal, employer or master or to employ service or labor for his prin-
cipal, employer or master receives directly or indirectly, for himself or for
another, a commission, discount or bonus from the person who makes such
sale or contract, or furnishes such materials, supplies or other articles, or
from a person who renders such service or labor; or

(4) Any person who gives or offers such an agent, employee or servant
such commission, discount or bonus;
Shall be guilty of a misdemeanor.

§ 18.1-405. No witness called by the attorney for the Commonwealth
or by the court, and giving evidence for the prosecution in a proceeding
under the preceding section shall ever be proceeded against for any offense
under that section. Such witness shall be compelled to testify and for re-
fusing to do so may be punished for contempt.

§ 18.1-406. No collection agency shall purchase any debt or other cause
of action for the purpose of collecting it by legal proceedings. A collection
agency is defined to be a person, firm or corporation that is not authorized
or licensed to practice law and that engages in the business of collecting
past-due debts or other causes of action, which then belong to another or
formerly belonged to another. A collection agency that sues on any debt or
cause of action that was assigned to it or purchased by it after maturity
shall be conclusively presumed to have purchased it for the purpose of col-
lecting it by legal proceedings. If a defendant shall prove in any legal
proceeding that such proceeding was instituted or prosecuted in violation of
this section, it shall be a complete defense to such proceeding and a bar to
any subsequent proceeding on the same debt or cause of action. But the
provisions of this section shall not apply to the purchase of debts or other
causes of action from a receiver, trustee in bankruptcy, trustee under a
deed of assignment or any estate or corporation that is in liquidation, or to
companies engaged in writing credit insurance.

§ 18.1-407. Any person who knowingly and wilfully states, delivers
or transmits by any means whatever to any publisher, or employee of a
publisher, of any newspaper, magazine, or other publication, any false and
untrue statement concerning any person or corporation, with intent that
the same shall be published, shall be guilty of a misdemeanor.

§ 18.1-408. It shall be unlawful for any person, firm or corporation in
this State to use the words “Official Tourist Information” or “Offcial In-
formation Service’”’ or other similar language for the purpose of informing
tourists, motorists and other persons that the information offered is free of
charge, or is sponsored by or offered under the authority of the State of Vir-
ginia or any department or agency thereof or by any municipality or any
chamber of commerce or any civic agency or group of this or any other
State, or the District of Columbia. Any person, firm or corporation dissemi-
nating information as contemplated in this section must state on any sign-
boards, billboards, or other similar signs in large, easily read and legible
letters, and on any advertising or other publicity media, the names of the
persons, firms or corporations represented or from whom any remuneration
whatsoever was received. Nothing in this section shall be construed to pro-
hibit or affect the giving or advertising of “official tourist information” or
other such service by gasoline service stations or other organizations which
offer such information without a charge and without any inducement to
purchase any services or products.

Any person, firm or corporation violating any provisions of this section
shall be guilty of a misdemeanor.

§ 18.1-409. No person, without first obtaining the consent of the pub-
lisher so to do, shall print, stamp or impress upon any newspaper or any
part thereof, after the same shall have been issued for circulation by the
publisher thereof, any word, figure, design, picture, emblem or advertise-
ment with intent to cause, or which when so printed, stamped or impressed
may cause, the public to believe that such word, figure, design, picture, em-
blem or advertisement was printed, stamped or impressed in and upon such
newspaper by the publisher of the same as a part thereof.

No person shall knowingly circulate, distribute or sell, or cause to be
circulated, distributed or sold, any newspaper printed, stamped or im-
pressed in violation of the terms hereof.
Any person violating the provisions hereof shall be guilty of a mis-
demeanor and upon conviction shall be fined not less than one hundred
dollars nor more than two hundred dollars. Each violation shall constitute
a separate offense.

§ 18.1-410. (a) No person shall wear the button or insignia of any
trade union or veterans’ organization or display upon a motor vehicle the
insignia or emblem of any automobile club, medical society, trade union or
veterans’ organization or use such button, insignia or emblem to obtain aid
or assistance unless entitled to wear, display or use the same under the con-
stitution, by-laws, rules or regulations of the organization concerned.

(b) No person shall wear any Southern Cross of Honor when not en-
titled to do so by the regulations under which such Crosses of Honor are
given.

(c) A violation of this section shall be a misdemeanor.

§ 18.1-411. If any member of the board of visitors or directors of any
State institution, or employee or agent thereof, or any trustee of any public
trust or fund, or any salaried officer of any such State institution or of any
such public trust or fund, contract or be interested in any contract with
such institution or with the governing authority of such public trust or
fund in any manner for furnishing supplies or performing any work for
such institution, or for the governing authority of such trust or fund, he
shall be fined not exceeding five hundred dollars.

§ 18.1-412. Any person who without just cause therefor, calls or sum-
mons, by telephone or otherwise, any ambulance, or firefighting apparatus,
shall be deemed guilty of a misdemeanor.

§ 18.1-413. It shall be unlawful for any company of gypsies or other
strolling company of persons to receive compensation or reward for pre-
tending to tell fortunes or to practice any so-called magic art.

Every person violating this section shall be guilty of a misdemeanor,
and fined not less than five hundred dollars, or confined in jail not less than
one, nor more than six months, or by both such fine and imprisonment.

§ 18.1-414. If any person shall hypnotize or mesmerize or attempt to
hypnotize or mesmerize any person, he shall be guilty of a misdemeanor.
But this section shall not apply to hypnotism or mesmerism performed by
a licensed physician or surgeon, or at his request, in the practice of his
profession.

§ 18.1-415. It shall be unlawful for any person, firm or corporation to
discard, abandon, leave or allow to remain in any place any icebox, refriger-
ator or other container, device or equipment of any kind with an interior
storage area of more than 2 cu. ft. of clear space which is airtight, without
first removing the door or doors or hinges from such icebox, refrigerator,
container, device or equipment.

This section shall not apply to any icebox, refrigerator, container, de-
vice or equipment which is being used for the purpose for which it was
originally designed, or is being used for display purposes by any retail or
wholesale merchant, or is crated, strapped or locked to such an extent that
it is impossible for a child to obtain access to any airtight compartment
thereof.

Any violation of the provisions hereof shall be a misdemeanor.

§ 18.1-416. It shall be unlawful for any person to use any X-ray,
fluoroscope, or other equipment or apparatus employing Roentgen rays, in
the fitting of shoes or other footwear. This section shall not apply to any
licensed physician or surgeon in the practice of his profession. Any person
violating the provisions of this section shall be guilty of a misdemeanor.

§ 18.1-417. If a master of a vessel or other person knowingly import
or bring into this State from any place out of the United States any person
convicted of crime, he shall be confined in jail for three months and be fined
one hundred dollars.

CHAP. 8
OFFENSES AGAINST THE SOVEREIGNTY OF THE STATE
ARTICLE 1

TREASON AND RELATED OFFENSES

§ 18.1-418. Treason shall consist only in:

(1) Levying war against the State;

(2) Adhering to its enemies, giving them aid and comfort;

(3) Establishing, without authority of the legislature, any govern-
ment within its limits separate from the existing government;

(4) Holding or executing, in such usurped government, any office, or
professing allegiance or fidelity to it, or ;

(5) Resisting the execution of the laws under color of its authority.

Such treason, if proved by the testimony of two witnesses to the same
overt act, or by confession in court, shall be punished with death.

§ 18.1-419. If any person knowing of such treason shall not, as soon as
may be, give information thereof to the Governor, or some conservator of
the peace, he shall be punished by fine not exceeding one thousand dollars,
or by confinement in the penitentiary not less than three nor more than five

§ 18.1-420. If any person attempt to establish any such usurped gov-
ernment and commit any overt act therefor or by writing or speaking
endeavor to instigate others to establish such government, he shall be con-
fined in jail not exceeding twelve months and fined not exceeding one
thousand dollars.

§ 18.1-421. It shall be unlawful for any person, group, or organization
to advocate any change, by force or violence, in the government of the Com-
monwealth of Virginia or any of its subdivisions or in the government of
the United States of America.

It shall be unlawful for any person to join, assist or otherwise con-
tribute to any group or organization which, to the knowledge of such per-
son, advocates or has as its purpose, aim or objective, any change, by force
or violence, in the government of the Commonwealth of Virginia or any of
its subdivisions or in the government of the United States of America.

Violation of this section is hereby declared to be a felony, punishable,
upon conviction, by a fine of not less than one thousand nor more than five
thousand dollars or by confinement in the penitentiary for not less than two
years nor more than five years, or by both such fine and imprisonment.

Nothing herein shall be construed to limit or prohibit the advocacy,
orally or otherwise, of any change, by peaceful means, in the government
of the Commonwealth or any of its subdivisions or in the government of
the United States.

§ 18.1-422. If any person conspire with another to incite the colored
population of the State to acts of violence and war against the white popu-
lation or to incite the white population of the State to acts of violence and
war against the colored population, he shall, whether such acts of violence
and war be made or not, be punished by confinement in the penitentiary not
less than five nor more than ten years.

ARTICLE 2

UNIFORM FLAG ACT

§ 18.1-423. The words flag, standard, color, ensign or shield, as used in
this article, shall include any flag, standard, color, ensign or shield, or copy,
picture or representation thereof, made of any substance or represented or
produced thereon, and of any size, evidently purporting to be such flag,
standard, color, ensign or shield of the United States, or of this State, or a
copy, picture or representation thereof.

§ 18.1-424. No person shall, in any manner, for exhibition or display :

(1) Place or cause to be placed any word, figure, mark, picture, design,
drawing or advertisement of any nature upon any flag, standard, color,
ensign or shield of the United States or of this State, or authorized by any
law of the United States or of this State;

(2) Expose to public view any such flag, standard, color, ensign or
shield upon which shall have been printed, painted or otherwise produced,
or to which shall have been attached, appended, affixed or annexed, any
such word, figure, mark, picture, design, drawing or advertisement; or

(8) Expose to public view for sale, manufacture or otherwise, or sell,
give or have in possession for sale, for gift or for use for any purpose, any
substance, being an article of merchandise, or receptacle, or thing for hold-
ing or carrying merchandise, upon or to which shall have been produced or
attached any such flag, standard, color, ensign or shield, in order to ad-
vertise, call attention to, decorate, mark or distinguish such article or
substance.

§ 18.1-425. No person shall publicly mutilate, deface, defile, trample
upon, or by word or act cast contempt upon any such flag, standard, color,
ensign or shield.

§ 18.1-426. This article shall not apply to any act permitted by the
statutes of the United States or by the laws of this State, or by the United
States armed forces regulations, nor shall it apply to any printed or written
document or production, stationery, ornament, picture or jewelry whereon
shall be depicted such flag, standard, color, ensign or shield, with no design
or words thereon and disconnected with any advertisement.

§ 18.1-427. Any violation of § 18.1-423 shall be a misdemeanor and
punishable by a fine of not more than one hundred dollars. Any violation
of § 18.1-424 shall be punishable by a fine of not more than one hundred
dollars, or by imprisonment for not more than thirty days, or by both such
fine and imprisonment.

§ 18.1-428. This article shall be so construed as to effectuate its gen-
eral purpose, and to make uniform the laws of the states which enact it.

§ 18.1-429. This article may be cited as the Uniform Flag Act.

3. This act shall become effective July 1, 1960.