2006 Code of Virginia § 40.1-103 - Cruelty and injuries to children; penalty; abandoned infant

40.1-103. Cruelty and injuries to children; penalty; abandoned infant.

A. It shall be unlawful for any person employing or having the custody of anychild willfully or negligently to cause or permit the life of such child tobe endangered or the health of such child to be injured, or willfully ornegligently to cause or permit such child to be placed in a situation thatits life, health or morals may be endangered, or to cause or permit suchchild to be overworked, tortured, tormented, mutilated, beaten or cruellytreated. Any person violating this section shall be guilty of a Class 6felony.

B. If a 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, 40-112; 1970, c. 321; 1991, c. 511; 2003, cc. 816, 822; 2006,c. 935.)