2006 Code of Virginia § 18.2-66 - Effect of subsequent marriage to child over fourteen years of age

18.2-66. Effect of subsequent marriage to child over fourteen years of age.

If the carnal knowledge is with the consent of the child and such child isfourteen years of age or older, the subsequent marriage of the parties may bepleaded to any indictment found against the accused. The court, upon proofof such marriage, and that the parties are living together as husband andwife, and that the accused has properly provided for, supported, andmaintained and is at the time properly providing, supporting and maintainingthe spouse and the issue of such marriage, if any, shall continue the casefrom time to time and from term to term, until the spouse reaches the age ofsixteen years. Thereupon the court shall dismiss the indictment already foundagainst the accused for the aforesaid offense. However, if the accuseddeserts such spouse before the spouse reaches the age of sixteen without justcause, any indictment found against the accused for such offense shall betried without regard to the number of times the case has been continued, andwhether such continuance is entered upon the order book.

(Code 1950, 18.1-45; 1960, c. 358; 1975, cc. 14, 15, 606; 1981, c. 397;1993, c. 418.)