                                 CODE OF VIRGINIA

ALLOWING A MINOR OR INCAPACITATED PERSON TO BE PRESENT DURING MANUFACTURE OR
ATTEMPTED MANUFACTURE OF METHAMPHETAMINE OR FENTANYL PROHIBITED; PENALTIES (§
18.2-248.02)

Any person 18 years of age or older who knowingly allows (i) a minor under the
age of 15, (ii) a minor 15 years of age or older with whom he maintains a
custodial relationship, including but not limited to as a parent, step-parent,
grandparent, step-grandparent, or who stands in loco parentis with respect to
such minor, or (iii) a mentally incapacitated or physically helpless person of
any age, to be present in the same dwelling, apartment as defined by §
55.1-2000, unit of a hotel as defined in § 35.1-1, garage, shed, or vehicle
during the manufacture or attempted manufacture of methamphetamine as prohibited
by subsection C1 of § 18.2-248 or any substance containing a detectable amount
of fentanyl, including its derivatives, isomers, esters, ethers, salts, and
salts of isomers, is guilty of a felony punishable by imprisonment for not less
than 10 nor more than 40 years. This penalty shall be in addition to and served
consecutively with any other sentence.

HISTORY: 2005, cc. 923, 941; 2013, c. 743; 2024, c. 371.