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, or condition that (a) causes a child younger than 11 years of age to commit an act that would be delinquent if committed by a child 11 years of age or older; (b) renders a child delinquent, in need of services, in need of supervision, or abused or neglected as defined in § 16.1-228; or (c) causes any child to participate in or become a member of a criminal street gang in violation of Article 2.1 (§ 18.2-46.1 et seq.) of Chapter 4 or (ii) engages in consensual sexual intercourse or anal intercourse with or performs cunnilingus, fellatio, or anilingus upon or by a child 15 or older not his spouse, child, or grandchild is guilty of a Class 1 misdemeanor. This section shall not be construed as repealing, modifying, or in any way affecting §§ 18.2-18 and 18.2-19, Article 2.1 (§ 18.2-46.1 et seq.) of Chapter 4, and §§ 18.2-61, 18.2-63, and 18.2-347.

If the 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 (a) a hospital that provides 24-hour emergency services, (b) an attended emergency medical services agency that employs emergency medical services personnel, or (c) 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, § 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; 2014, c. 794; 2015, cc. 502, 503; 2022, cc. 80, 81; 2026, c. 873.