18.2-371 - Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant. - Virginia Statutes

§ 18.2-371. Causing or encouraging acts rendering children delinquent,abused, etc.; penalty; abandoned infant.

Any person 18 years of age or older, including the parent of any child, who(i) willfully contributes to, encourages, or causes any act, omission, orcondition which renders a child delinquent, in need of services, in need ofsupervision, or abused or neglected as defined in § 16.1-228, or (ii) engagesin consensual sexual intercourse with a child 15 or older not his spouse,child, or grandchild, shall be guilty of a Class 1 misdemeanor. This sectionshall not be construed as repealing, modifying, or in any way affecting §§18.2-18, 18.2-19, 18.2-61, 18.2-63, and 18.2-347.

If the prosecution under this section is based solely on the accused parenthaving left the child at a hospital or rescue squad, it shall be anaffirmative defense to prosecution of a parent under this section that suchparent safely delivered the child to a hospital that provides 24-houremergency services or to an attended rescue squad that employs emergencymedical technicians, within the first 14 days of the child's life. In orderfor the affirmative defense to apply, the child shall be delivered in amanner reasonably calculated to ensure the child's safety.

(Code 1950, § 18.1-14; 1960, c. 358; 1975, cc. 14, 15; 1981, cc. 397, 568;1990, c. 797; 1991, c. 295; 1993, c. 411; 2003, cc. 816, 822; 2006, c. 935;2008, cc. 174, 206.)