§ 18.2-371 Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant
Any person 18 years of age or older, including the parent of any child, who (i) willfully contributes to, encourages, or causes any act, omission, or condition that renders a child delinquent, in need of services, in need of supervision, or abused or neglected as defined in § 16.1-228 or (ii) engages in consensual sexual intercourse or anal intercourse with or performs cunnilingus, fellatio, or anilingus upon or by a child 15 or older not his spouse, child, or grandchild is guilty of a Class 1 misdemeanor. This section shall not be construed as repealing, modifying, or in any way affecting §§ 18.2-18, 18.2-19, 18.2-61, 18.2-63, and 18.2-347. If the prosecution under this section is based solely on the accused parent having left the child at a hospital or emergency medical services agency, it shall be an affirmative defense to prosecution of a parent under this section that such parent safely delivered the child within the first 30 days of the child’s life to (a) a hospital that provides 24-hour emergency services, (b) an attended emergency medical services agency that employs emergency medical services personnel, or (c) a newborn safety device located at and operated by such hospital or emergency medical services agency. In order for the affirmative defense to apply, the child shall be delivered in a manner reasonably calculated to ensure the child’s safety.
History
The record of this law’s original creation isn’t available online. It has been modified 12 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 358; in 1975, chapters 14 and 15; in 1981, chapters 397 and 568; in 1990, chapter 797; in 1991, chapter 295; in 1993, chapter 411; in 2003, chapters 816 and 822; in 2006, chapter 935; in 2008, chapters 174 and 206; in 2014, chapter 794; in 2015, chapters 502 and 503; in 2022, chapters 80 and 81.
Code 1950, § 18.1-14; 1960, c. 358; 1975, cc. 14, 15; 1981, cc. 397, 568; 1990, c. 797; 1991, c. 295; 1993, c. 411; 2003, cc. 816, 822; 2006, c. 935; 2008, cc. 174, 206; 2014, c. 794; 2015, cc. 502, 503; 2022, cc. 80, 81.