                                 CODE OF VIRGINIA

CRUELTY AND INJURIES TO CHILDREN; PENALTY; ABANDONED INFANT (§ 40.1-103)

A. 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.

B. 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&#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.

HISTORY: Code 1950, § 40-112; 1970, c. 321; 1991, c. 511; 2003, cc. 816, 822;
2006, c. 935; 2015, cc. 502, 503; 2022, cc. 80, 81.