20-40 - Punishment for violation of such prohibition; leaving Commonwealth to avoid. - Virginia Statutes

§ 20-40. Punishment for violation of such prohibition; leaving Commonwealthto avoid.

If any person marry in violation of § 20-38.1 he shall be confined in jailnot exceeding six months, or fined not exceeding $500, in the discretion ofthe jury. If any persons, resident in this Commonwealth, and within thedegrees of relationship mentioned in that section, shall go out of thisCommonwealth for the purpose of being married, and with the intention ofreturning, and be married out of it, and afterwards return to and reside init, cohabiting as man and wife, they shall be punished as provided in thissection, and the marriage shall be governed by the same law as if it had beensolemnized in this Commonwealth. The fact of such cohabitation here shall beevidence of such marriage. Venue for a violation of this section may be inthe county or city where the subsequent marriage occurred or where theparties to the subsequent marriage cohabited.

(Code 1919, §§ 4540, 5089; 1976, c. 356; 2003, c. 99.)