{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-369.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-369.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-369.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-369.html"}],"law_id":70553,"edition_id":1,"section_id":70553,"structure_id":14343,"section_number":"18.2-369","catch_line":"Abuse and neglect of vulnerable adults; penalties","history":"1992, c. 551; 1994, c. 620; 2000, c. 796; 2001, c. 181; 2004, c. 863; 2007, cc. 562, 653; 2012, cc. 476, 507; 2019, c. 234; 2022, cc. 259, 642.","full_text":"A\n\nIt is unlawful for any responsible person to abuse or neglect any vulnerable adult. Any responsible person who abuses or neglects a vulnerable adult in violation of this section and the abuse or neglect does not result in serious bodily injury or disease to the vulnerable adult is guilty of a Class 1 misdemeanor. Any responsible person who is convicted of a second or subsequent offense under this subsection is guilty of a Class 6 felony.B\n\nAny responsible person who abuses or neglects a vulnerable adult in violation of this section and the abuse or neglect results in serious bodily injury or disease to the vulnerable adult is guilty of a Class 4 felony. Any responsible person who abuses or neglects a vulnerable adult in violation of this section and the abuse or neglect results in the death of the vulnerable adult is guilty of a Class 3 felony.C\n\nFor purposes of this section:\n\t\t\t“Abuse” means (i) knowing and willful conduct that causes physical injury or pain or (ii) knowing and willful use of physical restraint, including confinement, as punishment, for convenience or as a substitute for treatment, except where such conduct or physical restraint, including confinement, is a part of care or treatment and is in furtherance of the health and safety of the vulnerable adult.\n\t\t\t“Neglect” means the knowing and willful failure by a responsible person to provide treatment, care, goods, or services which results in injury to the health or endangers the safety of a vulnerable adult.\n\t\t\t“Responsible person” means a person who has responsibility for the care, custody, or control of a vulnerable adult by operation of law or who has assumed such responsibility voluntarily by contract or in fact.\n\t\t\t“Serious bodily injury or disease” includes but is not limited to (i) disfigurement, (ii) a fracture, (iii) a severe burn or laceration, (iv) mutilation, (v) maiming, or (vi) life-threatening internal injuries or conditions, whether or not caused by trauma.\n\t\t\t“Vulnerable adult” means any person 18 years of age or older who is impaired by reason of mental illness, intellectual or developmental disability, physical illness or disability, or other causes, including age, to the extent the adult lacks sufficient understanding or capacity to make, communicate, or carry out reasonable decisions concerning his well-being or has one or more limitations that substantially impair the adult’s ability to independently provide for his daily needs or safeguard his person, property, or legal interests.D\n\nNo responsible person shall be in violation of this section whose conduct was (i) in accordance with the informed consent of the vulnerable adult that was given when he was not vulnerable or a person authorized to consent on his behalf; (ii) in accordance with a declaration by the vulnerable adult under the Health Care Decisions Act (§ 54.1-2981 et seq.) that was given when he was not vulnerable or with the provisions of a valid medical power of attorney; (iii) in accordance with the wishes of the vulnerable adult that were made known when he was not vulnerable or a person authorized to consent on behalf of the vulnerable adult and in accord with the tenets and practices of a church or religious denomination; (iv) incident to necessary movement of, placement of, or protection from harm to the vulnerable adult; or (v) a bona fide, recognized, or approved practice to provide medical care.","order_by":null,"text":{"0":{"id":254589,"text":"It is unlawful for any responsible person to abuse or neglect any vulnerable adult. Any responsible person who abuses or neglects a vulnerable adult in violation of this section and the abuse or neglect does not result in serious bodily injury or disease to the vulnerable adult is guilty of a Class 1 misdemeanor. Any responsible person who is convicted of a second or subsequent offense under this subsection is guilty of a Class 6 felony.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":254590,"text":"Any responsible person who abuses or neglects a vulnerable adult in violation of this section and the abuse or neglect results in serious bodily injury or disease to the vulnerable adult is guilty of a Class 4 felony. Any responsible person who abuses or neglects a vulnerable adult in violation of this section and the abuse or neglect results in the death of the vulnerable adult is guilty of a Class 3 felony.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":254591,"text":"For purposes of this section:\n\t\t\t“Abuse” means (i) knowing and willful conduct that causes physical injury or pain or (ii) knowing and willful use of physical restraint, including confinement, as punishment, for convenience or as a substitute for treatment, except where such conduct or physical restraint, including confinement, is a part of care or treatment and is in furtherance of the health and safety of the vulnerable adult.\n\t\t\t“Neglect” means the knowing and willful failure by a responsible person to provide treatment, care, goods, or services which results in injury to the health or endangers the safety of a vulnerable adult.\n\t\t\t“Responsible person” means a person who has responsibility for the care, custody, or control of a vulnerable adult by operation of law or who has assumed such responsibility voluntarily by contract or in fact.\n\t\t\t“Serious bodily injury or disease” includes but is not limited to (i) disfigurement, (ii) a fracture, (iii) a severe burn or laceration, (iv) mutilation, (v) maiming, or (vi) life-threatening internal injuries or conditions, whether or not caused by trauma.\n\t\t\t“Vulnerable adult” means any person 18 years of age or older who is impaired by reason of mental illness, intellectual or developmental disability, physical illness or disability, or other causes, including age, to the extent the adult lacks sufficient understanding or capacity to make, communicate, or carry out reasonable decisions concerning his well-being or has one or more limitations that substantially impair the adult’s ability to independently provide for his daily needs or safeguard his person, property, or legal interests.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":254592,"text":"No responsible person shall be in violation of this section whose conduct was (i) in accordance with the informed consent of the vulnerable adult that was given when he was not vulnerable or a person authorized to consent on his behalf; (ii) in accordance with a declaration by the vulnerable adult under the Health Care Decisions Act (§ 54.1-2981 et seq.) that was given when he was not vulnerable or with the provisions of a valid medical power of attorney; (iii) in accordance with the wishes of the vulnerable adult that were made known when he was not vulnerable or a person authorized to consent on behalf of the vulnerable adult and in accord with the tenets and practices of a church or religious denomination; (iv) incident to necessary movement of, placement of, or protection from harm to the vulnerable adult; or (v) a bona fide, recognized, or approved practice to provide medical care.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14343,"edition_id":1,"name":"Family Offenses; Crimes Against Children, etc","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":14022,"metadata":{},"date_created":"2026-06-26 03:47:49","date_modified":"2026-06-26 03:47:49","permalink":{"id":167753,"object_type":"structure","relational_id":14343,"identifier":"4","token":"18.2\/8\/4","url":"\/18.2\/8\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14022,"edition_id":1,"name":"Crimes Involving Morals and Decency","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:46:37","date_modified":"2026-06-26 03:46:37","permalink":{"id":167393,"object_type":"structure","relational_id":14022,"identifier":"8","token":"18.2\/8","url":"\/18.2\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86356,"structure_id":14343,"section_number":"18.2-362","catch_line":"Person marrying when spouse is living; 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penalty; abandoned infant","url":"\/18.2-371\/","token":"18.2\/8\/4\/18.2-371","metadata":false},{"id":65049,"structure_id":14343,"section_number":"18.2-371.1","catch_line":"Abuse and neglect of children; penalties; abandoned infant","url":"\/18.2-371.1\/","token":"18.2\/8\/4\/18.2-371.1","metadata":false},{"id":68538,"structure_id":14343,"section_number":"18.2-371.2","catch_line":"Prohibiting sale or distribution, etc. of retail tobacco products and hemp products intended for smoking by persons under 21 years of age; civil penalties","url":"\/18.2-371.2\/","token":"18.2\/8\/4\/18.2-371.2","metadata":false},{"id":84277,"structure_id":14343,"section_number":"18.2-371.2:1","catch_line":"Prohibiting possession of retail tobacco products and hemp products intended for smoking by a person younger than 21 years of age; seizure","url":"\/18.2-371.2_1\/","token":"18.2\/8\/4\/18.2-371.2_1","metadata":false},{"id":57919,"structure_id":14343,"section_number":"18.2-371.3","catch_line":"Tattooing or body piercing of minors","url":"\/18.2-371.3\/","token":"18.2\/8\/4\/18.2-371.3","metadata":false},{"id":75915,"structure_id":14343,"section_number":"18.2-371.4","catch_line":"Prohibiting the sale of novelty lighters to juveniles","url":"\/18.2-371.4\/","token":"18.2\/8\/4\/18.2-371.4","metadata":false}],"previous_section":{"id":55653,"structure_id":14343,"section_number":"18.2-368","catch_line":"Placing or leaving spouse for prostitution; penalty","url":"\/18.2-368\/","token":"18.2\/8\/4\/18.2-368","metadata":false},"next_section":{"id":60265,"structure_id":14343,"section_number":"18.2-370","catch_line":"Taking indecent liberties with children; penalties","url":"\/18.2-370\/","token":"18.2\/8\/4\/18.2-370","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-369\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 551 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1994, chapter 620<\/a>; in 2000, chapter 796<\/a>; in 2001, chapter 181<\/a>; in 2004, chapter 863<\/a>; in 2007, chapters 562<\/a> and 653<\/a>; in 2012, chapters 476<\/a> and 507<\/a>; in 2019, chapter 234<\/a>; in 2022, chapters 259<\/a> and 642<\/a>.<\/p>","references":[{"id":80246,"section_number":"17.1-805","catch_line":"Adoption of initial discretionary sentencing guideline midpoints","order_by":null,"url":"\/17.1-805\/"},{"id":68291,"section_number":"18.2-513","catch_line":"Definitions","order_by":null,"url":"\/18.2-513\/"},{"id":68255,"section_number":"18.2-60.5","catch_line":"Unauthorized use of electronic tracking device; penalty","order_by":null,"url":"\/18.2-60.5\/"},{"id":77143,"section_number":"19.2-215.1","catch_line":"Functions of a multi-jurisdiction grand jury","order_by":null,"url":"\/19.2-215.1\/"},{"id":61280,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","order_by":null,"url":"\/19.2-392.02\/"},{"id":60670,"section_number":"22.1-289.041","catch_line":"Sex offender or child abuser prohibited from operating or residing in family day home; penalty","order_by":null,"url":"\/22.1-289.041\/"},{"id":58467,"section_number":"4.1-1600","catch_line":"Definitions","order_by":null,"url":"\/4.1-1600\/"},{"id":63911,"section_number":"4.1-1601","catch_line":"Certification for use of cannabis for treatment","order_by":null,"url":"\/4.1-1601\/"},{"id":64137,"section_number":"4.1-1602","catch_line":"Permit to operate pharmaceutical processor or cannabis dispensing facility","order_by":null,"url":"\/4.1-1602\/"},{"id":63491,"section_number":"4.1-1603","catch_line":"Dispensing cannabis products; report","order_by":null,"url":"\/4.1-1603\/"},{"id":55736,"section_number":"46.2-341.20:7","catch_line":"Possession of marijuana in commercial motor vehicle unlawful; civil penalty","order_by":null,"url":"\/46.2-341.20_7\/"},{"id":84089,"section_number":"63.2-1605","catch_line":"Protective services for adults by local departments","order_by":null,"url":"\/63.2-1605\/"}],"refers_to":[{"id":77307,"section_number":"54.1-2981","catch_line":"Short title","order_by":null,"url":"\/54.1-2981\/"}],"permalink":{"id":167783,"object_type":"law","relational_id":70553,"identifier":"18.2-369","token":"18.2\/8\/4\/18.2-369","url":"\/18.2-369\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-369\/","token":"18.2\/8\/4\/18.2-369","dublin_core":{"Title":"Abuse and neglect of vulnerable adults; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-369","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It is unlawful for any responsible person<\/span> to abuse<\/span> or neglect<\/span> any vulnerable adult<\/span>. Any responsible person<\/span> who abuses<\/span> or neglects<\/span> a vulnerable adult<\/span> in violation of this section and the abuse<\/span> or neglect<\/span> does not result in serious bodily injury or disease<\/span> to the vulnerable adult<\/span> is guilty of a Class 1 misdemeanor<\/span>. Any responsible person<\/span> who is convicted of a second or subsequent offense<\/span> under this subsection is guilty of a Class 6 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any responsible person<\/span> who abuses<\/span> or neglects<\/span> a vulnerable adult<\/span> in violation of this section and the abuse<\/span> or neglect<\/span> results in serious bodily injury or disease<\/span> to the vulnerable adult<\/span> is guilty of a Class 4 felony<\/span>. Any responsible person<\/span> who abuses<\/span> or neglects<\/span> a vulnerable adult<\/span> in violation of this section and the abuse<\/span> or neglect<\/span> results in the death of the vulnerable adult<\/span> is guilty of a Class 3 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For purposes of this section:\n\t\t\t“Abuse<\/span>” means (i) knowing and willful conduct that causes physical injury or pain or (ii) knowing and willful use of physical restraint, including confinement, as punishment, for convenience or as a substitute for treatment, except where such conduct or physical restraint, including confinement, is a part of care or treatment and is in furtherance of the health and safety of the vulnerable adult<\/span>.\n\t\t\t“Neglect<\/span>” means the knowing and willful failure by a responsible person<\/span> to provide treatment, care, goods, or services which results in injury to the health or endangers the safety of a vulnerable adult<\/span>.\n\t\t\t“Responsible person<\/span>” means a person who has responsibility for the care, custody<\/span>, or control of a vulnerable adult<\/span> by operation of law<\/span> or who has assumed such responsibility voluntarily by contract<\/span> or in fact<\/span>.\n\t\t\t“Serious bodily injury or disease<\/span>” includes but is not limited to (i) disfigurement, (ii) a fracture, (iii) a severe burn or laceration, (iv) mutilation, (v) maiming, or (vi) life-threatening internal injuries or conditions, whether or not caused by trauma.\n\t\t\t“Vulnerable adult<\/span>” means any person 18 years of age or older who is impaired by reason of mental illness, intellectual or developmental disability, physical illness or disability, or other causes, including age, to the extent the adult lacks sufficient understanding or capacity to make, communicate, or carry out reasonable decisions concerning his well-being or has one or more limitations that substantially impair the adult’s ability to independently provide for his daily needs or safeguard his person, property, or legal interests. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No responsible person<\/span> shall be in violation of this section whose conduct was (i) in accordance with the informed consent of the vulnerable adult<\/span> that was given when he was not vulnerable or a person authorized to consent on his behalf; (ii) in accordance with a declaration by the vulnerable adult<\/span> under the Health Care Decisions Act (§ 54.1-2981<\/a> et seq.) that was given when he was not vulnerable or with the provisions of a valid medical power of attorney<\/span>; (iii) in accordance with the wishes of the vulnerable adult<\/span> that were made known when he was not vulnerable or a person authorized to consent on behalf of the vulnerable adult<\/span> and in accord with the tenets and practices of a church or religious denomination; (iv) incident to necessary movement of, placement of, or protection from harm to the vulnerable adult<\/span>; or (v) a bona fide, recognized, or approved practice to provide medical care. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nABUSE AND NEGLECT OF VULNERABLE ADULTS; PENALTIES (\u00a7 18.2-369)\n\nA. It is unlawful for any responsible person to abuse or neglect any vulnerable\nadult. Any responsible person who abuses or neglects a vulnerable adult in\nviolation of this section and the abuse or neglect does not result in serious\nbodily injury or disease to the vulnerable adult is guilty of a Class 1\nmisdemeanor. Any responsible person who is convicted of a second or subsequent\noffense under this subsection is guilty of a Class 6 felony.\n\nB. Any responsible person who abuses or neglects a vulnerable adult in violation\nof this section and the abuse or neglect results in serious bodily injury or\ndisease to the vulnerable adult is guilty of a Class 4 felony. Any responsible\nperson who abuses or neglects a vulnerable adult in violation of this section\nand the abuse or neglect results in the death of the vulnerable adult is guilty\nof a Class 3 felony.\n\nC. For purposes of this section:\n\t\t\t“Abuse” means (i) knowing and willful conduct that causes\nphysical injury or pain or (ii) knowing and willful use of physical restraint,\nincluding confinement, as punishment, for convenience or as a substitute for\ntreatment, except where such conduct or physical restraint, including\nconfinement, is a part of care or treatment and is in furtherance of the health\nand safety of the vulnerable adult.\n\t\t\t“Neglect” means the knowing and willful failure by a responsible\nperson to provide treatment, care, goods, or services which results in injury to\nthe health or endangers the safety of a vulnerable adult.\n\t\t\t“Responsible person” means a person who has responsibility for\nthe care, custody, or control of a vulnerable adult by operation of law or who\nhas assumed such responsibility voluntarily by contract or in fact.\n\t\t\t“Serious bodily injury or disease” includes but is not limited to\n(i) disfigurement, (ii) a fracture, (iii) a severe burn or laceration, (iv)\nmutilation, (v) maiming, or (vi) life-threatening internal injuries or\nconditions, whether or not caused by trauma.\n\t\t\t“Vulnerable adult” means any person 18 years of age or older who\nis impaired by reason of mental illness, intellectual or developmental\ndisability, physical illness or disability, or other causes, including age, to\nthe extent the adult lacks sufficient understanding or capacity to make,\ncommunicate, or carry out reasonable decisions concerning his well-being or has\none or more limitations that substantially impair the adult’s ability to\nindependently provide for his daily needs or safeguard his person, property, or\nlegal interests.\n\nD. No responsible person shall be in violation of this section whose conduct was\n(i) in accordance with the informed consent of the vulnerable adult that was\ngiven when he was not vulnerable or a person authorized to consent on his\nbehalf; (ii) in accordance with a declaration by the vulnerable adult under the\nHealth Care Decisions Act (§ 54.1-2981 et seq.) that was given when he was\nnot vulnerable or with the provisions of a valid medical power of attorney;\n(iii) in accordance with the wishes of the vulnerable adult that were made known\nwhen he was not vulnerable or a person authorized to consent on behalf of the\nvulnerable adult and in accord with the tenets and practices of a church or\nreligious denomination; (iv) incident to necessary movement of, placement of, or\nprotection from harm to the vulnerable adult; or (v) a bona fide, recognized, or\napproved practice to provide medical care.\n\nHISTORY: 1992, c. 551; 1994, c. 620; 2000, c. 796; 2001, c. 181; 2004, c. 863;\n2007, cc. 562, 653; 2012, cc. 476, 507; 2019, c. 234; 2022, cc. 259, 642.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}