{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-103.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-103.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-103.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-103.html"}],"law_id":63705,"edition_id":1,"section_id":63705,"structure_id":14416,"section_number":"40.1-103","catch_line":"Cruelty and injuries to children; penalty; abandoned infant","history":"Code 1950, \u00a7 40-112; 1970, c. 321; 1991, c. 511; 2003, cc. 816, 822; 2006, c. 935; 2015, cc. 502, 503; 2022, cc. 80, 81.","full_text":"A\n\nIt shall be unlawful for any person employing or having the custody of any child willfully or negligently to cause or permit the life of such child to be endangered or the health of such child to be injured, or willfully or negligently to cause or permit such child to be placed in a situation that its life, health or morals may be endangered, or to cause or permit such child to be overworked, tortured, tormented, mutilated, beaten or cruelly treated. Any person violating this section is guilty of a Class 6 felony.B\n\nIf a 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 (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.","order_by":null,"text":{"0":{"id":232042,"text":"It shall be unlawful for any person employing or having the custody of any child willfully or negligently to cause or permit the life of such child to be endangered or the health of such child to be injured, or willfully or negligently to cause or permit such child to be placed in a situation that its life, health or morals may be endangered, or to cause or permit such child to be overworked, tortured, tormented, mutilated, beaten or cruelly treated. Any person violating this section 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":232043,"text":"If a 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 (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"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14416,"edition_id":1,"name":"Child Labor","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 03:48:04","date_modified":"2026-06-26 03:48:04","permalink":{"id":220519,"object_type":"structure","relational_id":14416,"identifier":"5","token":"40.1\/5","url":"\/40.1\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12776,"edition_id":1,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219723,"object_type":"structure","relational_id":12776,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65234,"structure_id":14416,"section_number":"40.1-100","catch_line":"Certain employment prohibited or limited","url":"\/40.1-100\/","token":"40.1\/5\/40.1-100","metadata":false},{"id":74950,"structure_id":14416,"section_number":"40.1-100.1","catch_line":"Employment where hazard capable of causing serious physical harm or death","url":"\/40.1-100.1\/","token":"40.1\/5\/40.1-100.1","metadata":false},{"id":71062,"structure_id":14416,"section_number":"40.1-100.2","catch_line":"Employment involving sexually explicit visual material prohibited","url":"\/40.1-100.2\/","token":"40.1\/5\/40.1-100.2","metadata":false},{"id":71215,"structure_id":14416,"section_number":"40.1-101","catch_line":"Qualifications as to theaters","url":"\/40.1-101\/","token":"40.1\/5\/40.1-101","metadata":false},{"id":61085,"structure_id":14416,"section_number":"40.1-102","catch_line":"Issuance of theatrical permit","url":"\/40.1-102\/","token":"40.1\/5\/40.1-102","metadata":false},{"id":63705,"structure_id":14416,"section_number":"40.1-103","catch_line":"Cruelty and injuries to children; 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employment not allowed; revocation of certificate","url":"\/40.1-89\/","token":"40.1\/5\/40.1-89","metadata":false},{"id":68366,"structure_id":14416,"section_number":"40.1-90","catch_line":"Repealed","url":"\/40.1-90\/","token":"40.1\/5\/40.1-90","metadata":false},{"id":78116,"structure_id":14416,"section_number":"40.1-92","catch_line":"Issuance of certificates","url":"\/40.1-92\/","token":"40.1\/5\/40.1-92","metadata":false},{"id":68585,"structure_id":14416,"section_number":"40.1-93","catch_line":"Proof required for employment certificate","url":"\/40.1-93\/","token":"40.1\/5\/40.1-93","metadata":false},{"id":56070,"structure_id":14416,"section_number":"40.1-94","catch_line":"Proofs of age","url":"\/40.1-94\/","token":"40.1\/5\/40.1-94","metadata":false},{"id":79690,"structure_id":14416,"section_number":"40.1-95","catch_line":"Repealed","url":"\/40.1-95\/","token":"40.1\/5\/40.1-95","metadata":false},{"id":71829,"structure_id":14416,"section_number":"40.1-96","catch_line":"Contents of employment certificates","url":"\/40.1-96\/","token":"40.1\/5\/40.1-96","metadata":false},{"id":66317,"structure_id":14416,"section_number":"40.1-97","catch_line":"Repealed","url":"\/40.1-97\/","token":"40.1\/5\/40.1-97","metadata":false},{"id":76754,"structure_id":14416,"section_number":"40.1-98","catch_line":"Repealed","url":"\/40.1-98\/","token":"40.1\/5\/40.1-98","metadata":false}],"previous_section":{"id":61085,"structure_id":14416,"section_number":"40.1-102","catch_line":"Issuance of theatrical permit","url":"\/40.1-102\/","token":"40.1\/5\/40.1-102","metadata":false},"next_section":{"id":80111,"structure_id":14416,"section_number":"40.1-104","catch_line":"Age certificates","url":"\/40.1-104\/","token":"40.1\/5\/40.1-104","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-103\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 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 1970, chapter 321; in 1991, chapter 511; in 2003, chapters 816<\/a> and 822<\/a>; in 2006, chapter 935<\/a>; in 2015, chapters 502<\/a> and 503<\/a>; in 2022, chapters 80<\/a> and 81<\/a>.<\/p>","references":[{"id":79782,"section_number":"19.2-386.35","catch_line":"Seizure of property used in connection with certain offenses","order_by":null,"url":"\/19.2-386.35\/"},{"id":74660,"section_number":"19.2-392.12","catch_line":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","order_by":null,"url":"\/19.2-392.12\/"},{"id":76735,"section_number":"40.1-113","catch_line":"Child labor offenses; civil penalties","order_by":null,"url":"\/40.1-113\/"},{"id":68360,"section_number":"40.1-79.01","catch_line":"Exemptions from chapter generally","order_by":null,"url":"\/40.1-79.01\/"},{"id":68751,"section_number":"40.1-79.1","catch_line":"Exemptions from chapter generally; participation in volunteer fire company activities","order_by":null,"url":"\/40.1-79.1\/"},{"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":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\/"}],"refers_to":false,"permalink":{"id":220541,"object_type":"law","relational_id":63705,"identifier":"40.1-103","token":"40.1\/5\/40.1-103","url":"\/40.1-103\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-103\/","token":"40.1\/5\/40.1-103","dublin_core":{"Title":"Cruelty and injuries to children; penalty; abandoned infant","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-103","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It shall be unlawful for any person employing or having the custody<\/span> of any child willfully or negligently to cause or permit the life of such child to be endangered or the health of such child to be injured, or willfully or negligently to cause or permit such child to be placed in a situation that its life, health or morals may be endangered, or to cause or permit such child to be overworked, tortured, tormented, mutilated, beaten or cruelly treated. Any person violating this section is guilty of a Class 6 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a prosecution<\/span> under this section 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 section 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<\/span> 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>","plain_text":" CODE OF VIRGINIA\n\nCRUELTY AND INJURIES TO CHILDREN; PENALTY; ABANDONED INFANT (\u00a7 40.1-103)\n\nA. It shall be unlawful for any person employing or having the custody of any\nchild willfully or negligently to cause or permit the life of such child to be\nendangered or the health of such child to be injured, or willfully or\nnegligently to cause or permit such child to be placed in a situation that its\nlife, health or morals may be endangered, or to cause or permit such child to be\noverworked, tortured, tormented, mutilated, beaten or cruelly treated. Any\nperson violating this section is guilty of a Class 6 felony.\n\nB. If a prosecution under this section is based solely on the accused parent\nhaving left the child at a hospital or emergency medical services agency, it\nshall be an affirmative defense to prosecution of a parent under this section\nthat such parent safely delivered the child within the first 30 days of the\nchild’s life to (i) a hospital that provides 24-hour emergency services,\n(ii) an attended emergency medical services agency that employs emergency\nmedical services personnel, or (iii) a newborn safety device located at and\noperated by such hospital or emergency medical services agency. In order for the\naffirmative defense to apply, the child shall be delivered in a manner\nreasonably calculated to ensure the child’s safety.\n\nHISTORY: Code 1950, \u00a7 40-112; 1970, c. 321; 1991, c. 511; 2003, cc. 816, 822;\n2006, c. 935; 2015, cc. 502, 503; 2022, cc. 80, 81.","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}}