{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-371.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-371.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-371.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-371.1.html"}],"law_id":65049,"edition_id":1,"section_id":65049,"structure_id":14343,"section_number":"18.2-371.1","catch_line":"Abuse and neglect of children; penalties; abandoned infant","history":"1981, c. 568; 1988, c. 228; 1990, c. 638; 1993, c. 628; 2003, cc. 816, 822; 2006, c. 935; 2015, cc. 502, 503; 2016, c. 705; 2022, cc. 80, 81; 2023, c. 128; 2024, cc. 161, 162.","full_text":"A\n\nAny parent, guardian, or other person responsible for the care of a child under the age of 18 who by willful act or willful omission or refusal to provide any necessary care for the child’s health causes or permits serious injury to the life or health of such child is guilty of a Class 4 felony. For purposes of this subsection, “serious injury” includes but is not limited to (i) disfigurement, (ii) a fracture, (iii) a severe burn or laceration, (iv) mutilation, (v) maiming, (vi) forced ingestion of dangerous substances, and (vii) life-threatening internal injuries. For purposes of this subsection, “willful act or willful omission” includes operating or engaging in the conduct of a child welfare agency as defined in § 63.2-100 or a child day program or family day system as defined in § 22.1-289.02 without first obtaining a license such person knows is required by Subtitle IV (§ 63.2-1700 et seq.) of Title 63.2 or Article 3 (§ 22.1-289.010 et seq.) of Chapter 14.1 of Title 22.1 or after such license has been revoked or has expired and not been renewed.B\n\n1. Any parent, guardian, or other person responsible for the care of a child under the age of 18 whose willful act or omission in the care of such child was so gross, wanton, and culpable as to show a reckless disregard for human life is guilty of a Class 6 felony.2\n\nIf a prosecution under this subsection 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 subsection that such parent safely delivered the child within the first 30 days of the child’s life to (i) a hospital that provides 24-hour emergency services, (ii) an attended emergency medical services agency that employs emergency medical services personnel, or (iii) 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.C\n\n1. Any parent, guardian, or other person who is 18 years of age or older and is responsible for the care of a child under the age of 18 whose willful act or omission causes or enables that child to gain possession of a firearm (i) after having received notice of a preliminary determination pursuant to \u00a7 22.1-79.4 that the child poses a threat of violence or physical harm to self or others or (ii) when such parent, guardian, or other person responsible for the care of the child knows or reasonably should know that such child has charges pending for or has been convicted or adjudicated delinquent of a violent juvenile felony as defined in \u00a7 16.1-228 is guilty of a Class 5 felony.2\n\nNo person shall be subject to arrest or prosecution for a violation of this subsection (i) related to clause (i) of subdivision 1 after such person has received notice that the threat assessment team that made such preliminary determination has concluded that the child does not indicate a threat of violence or physical harm to self or others or that any case or review opened or conducted by that threat assessment team as a result of such preliminary determination has been closed or (ii) related to clause (ii) of subdivision 1 after such person has received notice that any pending charge for a violent juvenile felony has been dismissed or a nolle prosequi has been entered.3\n\nIt is an affirmative defense to prosecution for a violation of this subsection if the parent, guardian, or other person responsible for the care of a child caused or enabled such child to gain possession of a firearm while in a dwelling because of a reasonable belief that he or such child was in imminent danger of bodily injury.D\n\nAny parent, guardian, or other person having care, custody, or control of a minor child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall not, for that reason alone, be considered in violation of this section.","order_by":null,"text":{"0":{"id":236779,"text":"Any parent, guardian, or other person responsible for the care of a child under the age of 18 who by willful act or willful omission or refusal to provide any necessary care for the child’s health causes or permits serious injury to the life or health of such child is guilty of a Class 4 felony. For purposes of this subsection, “serious injury” includes but is not limited to (i) disfigurement, (ii) a fracture, (iii) a severe burn or laceration, (iv) mutilation, (v) maiming, (vi) forced ingestion of dangerous substances, and (vii) life-threatening internal injuries. For purposes of this subsection, “willful act or willful omission” includes operating or engaging in the conduct of a child welfare agency as defined in § 63.2-100 or a child day program or family day system as defined in § 22.1-289.02 without first obtaining a license such person knows is required by Subtitle IV (§ 63.2-1700 et seq.) of Title 63.2 or Article 3 (§ 22.1-289.010 et seq.) of Chapter 14.1 of Title 22.1 or after such license has been revoked or has expired and not been renewed.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":236780,"text":"1. Any parent, guardian, or other person responsible for the care of a child under the age of 18 whose willful act or omission in the care of such child was so gross, wanton, and culpable as to show a reckless disregard for human life is guilty of a Class 6 felony.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B2"},"2":{"id":236781,"text":"If a prosecution under this subsection 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 subsection that such parent safely delivered the child within the first 30 days of the child’s life to (i) a hospital that provides 24-hour emergency services, (ii) an attended emergency medical services agency that employs emergency medical services personnel, or (iii) 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.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B","next_prefix":"C"},"3":{"id":236782,"text":"1. Any parent, guardian, or other person who is 18 years of age or older and is responsible for the care of a child under the age of 18 whose willful act or omission causes or enables that child to gain possession of a firearm (i) after having received notice of a preliminary determination pursuant to \u00a7 22.1-79.4 that the child poses a threat of violence or physical harm to self or others or (ii) when such parent, guardian, or other person responsible for the care of the child knows or reasonably should know that such child has charges pending for or has been convicted or adjudicated delinquent of a violent juvenile felony as defined in \u00a7 16.1-228 is guilty of a Class 5 felony.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"C2"},"4":{"id":236783,"text":"No person shall be subject to arrest or prosecution for a violation of this subsection (i) related to clause (i) of subdivision 1 after such person has received notice that the threat assessment team that made such preliminary determination has concluded that the child does not indicate a threat of violence or physical harm to self or others or that any case or review opened or conducted by that threat assessment team as a result of such preliminary determination has been closed or (ii) related to clause (ii) of subdivision 1 after such person has received notice that any pending charge for a violent juvenile felony has been dismissed or a nolle prosequi has been entered.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C","next_prefix":"C3"},"5":{"id":236784,"text":"It is an affirmative defense to prosecution for a violation of this subsection if the parent, guardian, or other person responsible for the care of a child caused or enabled such child to gain possession of a firearm while in a dwelling because of a reasonable belief that he or such child was in imminent danger of bodily injury.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"6":{"id":236785,"text":"Any parent, guardian, or other person having care, custody, or control of a minor child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall not, for that reason alone, be considered in violation of this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3"}},"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; penalty; venue","url":"\/18.2-362\/","token":"18.2\/8\/4\/18.2-362","metadata":false},{"id":85324,"structure_id":14343,"section_number":"18.2-363","catch_line":"Leaving Commonwealth to evade law against bigamy","url":"\/18.2-363\/","token":"18.2\/8\/4\/18.2-363","metadata":false},{"id":66589,"structure_id":14343,"section_number":"18.2-364","catch_line":"Exceptions to \u00a7\u00a7 18.2-362 and 18.2-363","url":"\/18.2-364\/","token":"18.2\/8\/4\/18.2-364","metadata":false},{"id":73179,"structure_id":14343,"section_number":"18.2-365","catch_line":"Adultery defined; penalty","url":"\/18.2-365\/","token":"18.2\/8\/4\/18.2-365","metadata":false},{"id":76153,"structure_id":14343,"section_number":"18.2-366","catch_line":"Sexual intercourse by persons forbidden to marry; incest; penalties","url":"\/18.2-366\/","token":"18.2\/8\/4\/18.2-366","metadata":false},{"id":77238,"structure_id":14343,"section_number":"18.2-367","catch_line":"Repealed","url":"\/18.2-367\/","token":"18.2\/8\/4\/18.2-367","metadata":false},{"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},{"id":70553,"structure_id":14343,"section_number":"18.2-369","catch_line":"Abuse and neglect of vulnerable adults; penalties","url":"\/18.2-369\/","token":"18.2\/8\/4\/18.2-369","metadata":false},{"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},{"id":62948,"structure_id":14343,"section_number":"18.2-370.01","catch_line":"Indecent liberties by children; penalty","url":"\/18.2-370.01\/","token":"18.2\/8\/4\/18.2-370.01","metadata":false},{"id":80307,"structure_id":14343,"section_number":"18.2-370.1","catch_line":"Taking indecent liberties with child by person in custodial or supervisory relationship; penalties","url":"\/18.2-370.1\/","token":"18.2\/8\/4\/18.2-370.1","metadata":false},{"id":86551,"structure_id":14343,"section_number":"18.2-370.2","catch_line":"Sex offenses prohibiting proximity to children; penalty","url":"\/18.2-370.2\/","token":"18.2\/8\/4\/18.2-370.2","metadata":false},{"id":83105,"structure_id":14343,"section_number":"18.2-370.3","catch_line":"Sex offenses prohibiting residing in proximity to children; penalty","url":"\/18.2-370.3\/","token":"18.2\/8\/4\/18.2-370.3","metadata":false},{"id":56106,"structure_id":14343,"section_number":"18.2-370.4","catch_line":"Sex offenses prohibiting working on school property; penalty","url":"\/18.2-370.4\/","token":"18.2\/8\/4\/18.2-370.4","metadata":false},{"id":67853,"structure_id":14343,"section_number":"18.2-370.5","catch_line":"Offenses prohibiting entry onto school or other property; penalty","url":"\/18.2-370.5\/","token":"18.2\/8\/4\/18.2-370.5","metadata":false},{"id":73520,"structure_id":14343,"section_number":"18.2-370.6","catch_line":"Penetration of mouth of child with lascivious intent; penalty","url":"\/18.2-370.6\/","token":"18.2\/8\/4\/18.2-370.6","metadata":false},{"id":66060,"structure_id":14343,"section_number":"18.2-371","catch_line":"Causing or encouraging acts rendering children delinquent, abused, etc.; 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":66060,"structure_id":14343,"section_number":"18.2-371","catch_line":"Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant","url":"\/18.2-371\/","token":"18.2\/8\/4\/18.2-371","metadata":false},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-371.1\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 568 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 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 10 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 1988, chapter 228; in 1990, chapter 638; in 1993, chapter 628; in 2003, chapters 816<\/a> and 822<\/a>; in 2006, chapter 935<\/a>; in 2015, chapters 502<\/a> and 503<\/a>; in 2016, chapter 705<\/a>; in 2022, chapters 80<\/a> and 81<\/a>; in 2023, chapter 128<\/a>; in 2024, chapters 161<\/a> and 162<\/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":80860,"section_number":"19.2-163","catch_line":"Compensation of court-appointed counsel","order_by":null,"url":"\/19.2-163\/"},{"id":64807,"section_number":"19.2-268.3","catch_line":"Admissibility of statements by children in certain cases","order_by":null,"url":"\/19.2-268.3\/"},{"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":63586,"section_number":"53.1-202.3","catch_line":"Rate at which sentence credits may be earned; prerequisites","order_by":null,"url":"\/53.1-202.3\/"},{"id":58640,"section_number":"53.1-40.02","catch_line":"Conditional release of terminally ill prisoners","order_by":null,"url":"\/53.1-40.02\/"},{"id":77537,"section_number":"63.2-1506","catch_line":"Family assessments by local departments","order_by":null,"url":"\/63.2-1506\/"},{"id":59659,"section_number":"63.2-1530","catch_line":"Virginia Child Protection Accountability System","order_by":null,"url":"\/63.2-1530\/"},{"id":77445,"section_number":"8.01-226.5:2","catch_line":"Immunity of hospital and emergency medical services agency personnel for the acceptance of certain infants","order_by":null,"url":"\/8.01-226.5_2\/"},{"id":80819,"section_number":"9.1-902","catch_line":"Offenses requiring registration","order_by":null,"url":"\/9.1-902\/"}],"refers_to":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":84872,"section_number":"22.1-289.010","catch_line":"Application fees; regulations and schedules; use of fees; certain facilities, centers and agencies exempt","order_by":null,"url":"\/22.1-289.010\/"},{"id":83341,"section_number":"22.1-289.02","catch_line":"Definitions","order_by":null,"url":"\/22.1-289.02\/"},{"id":58943,"section_number":"22.1-79.4","catch_line":"Threat assessment teams and oversight committees","order_by":null,"url":"\/22.1-79.4\/"},{"id":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"},{"id":78121,"section_number":"63.2-1700","catch_line":"Application fees; regulations and schedules; use of fees; certain facilities, centers, and agencies exempt","order_by":null,"url":"\/63.2-1700\/"}],"permalink":{"id":167823,"object_type":"law","relational_id":65049,"identifier":"18.2-371.1","token":"18.2\/8\/4\/18.2-371.1","url":"\/18.2-371.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-371.1\/","token":"18.2\/8\/4\/18.2-371.1","dublin_core":{"Title":"Abuse and neglect of children; penalties; abandoned infant","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-371.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any parent, guardian, or other person responsible for the care of a child under the age of 18 who by willful act or willful omission<\/span> or refusal to provide any necessary care for the child’s health causes or permits serious injury<\/span> to the life or health of such child is guilty of a Class 4 felony<\/span>. For purposes of this subsection, “serious injury<\/span>” includes but is not limited to (i) disfigurement, (ii) a fracture, (iii) a severe burn or laceration, (iv) mutilation, (v) maiming, (vi) forced ingestion of dangerous substances, and (vii) life-threatening internal injuries. For purposes of this subsection, “willful act or willful omission<\/span>” includes operating or engaging in the conduct of a child welfare agency as defined in § 63.2-100<\/a> or a child day program or family day system as defined in § 22.1-289.02<\/a> without first obtaining a license such person knows is required by Subtitle IV (§ 63.2-1700<\/a> et seq.) of Title 63.2 or Article 3 (§ 22.1-289.010<\/a> et seq.) of Chapter 14.1 of Title 22.1 or after such license has been revoked or has expired and not been renewed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 1. Any parent, guardian, or other person responsible for the care of a child under the age of 18 whose willful act or omission in the care of such child was so gross, wanton, and culpable as to show a reckless disregard for human life is guilty of a Class 6 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If a prosecution<\/span> under this subsection is based solely on the accused<\/span> parent having left the child at a hospital or emergency medical services agency, it shall be an affirmative defense<\/span> to prosecution<\/span> of a parent under this subsection that such parent safely delivered the child within the first 30 days of the child’s life to (i) a hospital that provides 24-hour emergency services, (ii) an attended emergency medical services agency that employs emergency medical services personnel, or (iii) a newborn safety device located at and operated by such hospital or emergency medical services agency. In order<\/span> for the affirmative defense<\/span> to apply, the child shall be delivered in a manner reasonably calculated to ensure the child’s safety. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 1. Any parent, guardian, or other person who is 18 years of age or older and is responsible for the care of a child under the age of 18 whose willful act or omission causes or enables that child to gain possession<\/span> of a firearm (i) after having received notice of a preliminary determination pursuant to \u00a7 22.1-79.4<\/a> that the child poses a threat of violence or physical harm to self or others or (ii) when such parent, guardian, or other person responsible for the care of the child knows or reasonably should know that such child has charges pending for or has been convicted or adjudicated delinquent of a violent juvenile felony<\/span> as defined in \u00a7 16.1-228<\/a> is guilty of a Class 5 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> No person shall be subject to arrest<\/span> or prosecution<\/span> for a violation of this subsection (i) related to clause (i) of subdivision 1 after such person has received notice that the threat assessment team that made such preliminary determination has concluded that the child does not indicate a threat of violence or physical harm to self or others or that any case or review opened or conducted by that threat assessment team as a result of such preliminary determination has been closed or (ii) related to clause (ii) of subdivision 1 after such person has received notice that any pending charge for a violent juvenile felony<\/span> has been dismissed or a nolle prosequi<\/span> has been entered. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> It is an affirmative defense<\/span> to prosecution<\/span> for a violation of this subsection if the parent, guardian, or other person responsible for the care of a child caused or enabled such child to gain possession<\/span> of a firearm while in a dwelling because of a reasonable belief that he or such child was in imminent danger of bodily injury. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any parent, guardian, or other person having care, custody<\/span>, or control of a minor<\/span> child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall not, for that reason alone, be considered in violation of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nABUSE AND NEGLECT OF CHILDREN; PENALTIES; ABANDONED INFANT (\u00a7 18.2-371.1)\n\nA. Any parent, guardian, or other person responsible for the care of a child\nunder the age of 18 who by willful act or willful omission or refusal to provide\nany necessary care for the child’s health causes or permits serious injury\nto the life or health of such child is guilty of a Class 4 felony. For purposes\nof this subsection, “serious injury” includes but is not limited to\n(i) disfigurement, (ii) a fracture, (iii) a severe burn or laceration, (iv)\nmutilation, (v) maiming, (vi) forced ingestion of dangerous substances, and\n(vii) life-threatening internal injuries. For purposes of this subsection,\n“willful act or willful omission” includes operating or engaging in\nthe conduct of a child welfare agency as defined in § 63.2-100 or a child\nday program or family day system as defined in § 22.1-289.02 without first\nobtaining a license such person knows is required by Subtitle IV (§\n63.2-1700 et seq.) of Title 63.2 or Article 3 (§ 22.1-289.010 et seq.) of\nChapter 14.1 of Title 22.1 or after such license has been revoked or has expired\nand not been renewed.\n\nB. 1. Any parent, guardian, or other person responsible for the care of a child\nunder the age of 18 whose willful act or omission in the care of such child was\nso gross, wanton, and culpable as to show a reckless disregard for human life is\nguilty of a Class 6 felony.\n\n 2. If a prosecution under this subsection is based solely on the accused\n parent having left the child at a hospital or emergency medical services\n agency, it shall be an affirmative defense to prosecution of a parent under\n this subsection that such parent safely delivered the child within the first\n 30 days of the child’s life to (i) a hospital that provides 24-hour\n emergency services, (ii) an attended emergency medical services agency that\n employs emergency medical services personnel, or (iii) a newborn safety device\n located at and operated by such hospital or emergency medical services agency.\n In order for the affirmative defense to apply, the child shall be delivered in\n a manner reasonably calculated to ensure the child’s safety.\n\nC. 1. Any parent, guardian, or other person who is 18 years of age or older and\nis responsible for the care of a child under the age of 18 whose willful act or\nomission causes or enables that child to gain possession of a firearm (i) after\nhaving received notice of a preliminary determination pursuant to \u00a7 22.1-79.4\nthat the child poses a threat of violence or physical harm to self or others or\n(ii) when such parent, guardian, or other person responsible for the care of the\nchild knows or reasonably should know that such child has charges pending for or\nhas been convicted or adjudicated delinquent of a violent juvenile felony as\ndefined in \u00a7 16.1-228 is guilty of a Class 5 felony.\n\n 2. No person shall be subject to arrest or prosecution for a violation of this\n subsection (i) related to clause (i) of subdivision 1 after such person has\n received notice that the threat assessment team that made such preliminary\n determination has concluded that the child does not indicate a threat of\n violence or physical harm to self or others or that any case or review opened\n or conducted by that threat assessment team as a result of such preliminary\n determination has been closed or (ii) related to clause (ii) of subdivision 1\n after such person has received notice that any pending charge for a violent\n juvenile felony has been dismissed or a nolle prosequi has been entered.\n\n 3. It is an affirmative defense to prosecution for a violation of this\n subsection if the parent, guardian, or other person responsible for the care\n of a child caused or enabled such child to gain possession of a firearm while\n in a dwelling because of a reasonable belief that he or such child was in\n imminent danger of bodily injury.\n\nD. Any parent, guardian, or other person having care, custody, or control of a\nminor child who in good faith is under treatment solely by spiritual means\nthrough prayer in accordance with the tenets and practices of a recognized\nchurch or religious denomination shall not, for that reason alone, be considered\nin violation of this section.\n\nHISTORY: 1981, c. 568; 1988, c. 228; 1990, c. 638; 1993, c. 628; 2003, cc. 816,\n822; 2006, c. 935; 2015, cc. 502, 503; 2016, c. 705; 2022, cc. 80, 81; 2023, c.\n128; 2024, cc. 161, 162.","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}}