                                 CODE OF VIRGINIA

ABUSE AND NEGLECT OF CHILDREN; PENALTIES; ABANDONED INFANT (§ 18.2-371.1)

A. 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&#8217;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, &#8220;serious injury&#8221; 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,
&#8220;willful act or willful omission&#8221; includes operating or engaging in
the conduct of a child welfare agency as defined in &#xA7; 63.2-100 or a child
day program or family day system as defined in &#xA7; 22.1-289.02 without first
obtaining a license such person knows is required by Subtitle IV (&#xA7;
63.2-1700 et seq.) of Title 63.2 or Article 3 (&#xA7; 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Chapter 14.1 of Title 22.1 or after such license has been revoked or has expired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. 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.

   2. 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&#8217;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&#8217;s safety.

C. 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 § 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 § 16.1-228 is guilty of a Class 5 felony.

   2. 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.

   3. 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.

D. 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.

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.