Code of Virginia § 40.1-103. Cruelty and injuries to children; penalty; abandoned infant.

245 words·~1 min read·/va/title-40-1/chapter-5/40-1-103

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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'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.

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 .