Virginia criminal charge
Abuse and neglect of children in Virginia
Abuse and neglect of children is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-371.1. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-371.1.
What is the penalty for abuse and neglect of children in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2 years to 10 years (Willful abuse/neglect causing serious injury — A parent, guardian, or other person responsible for a child's care commits a willful act or willful omission/refusal to provide necessary care that causes or permits serious injury to the child's life or health.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Willful abuse/neglect causing serious injury — A parent, guardian, or other person responsible for a child's care commits a willful act or willful omission/refusal to provide necessary care that causes or permits serious injury to the child's life or health.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Willful abuse/neglect showing reckless disregard for life — A parent, guardian, or other responsible person's willful act or omission in the care of a child is so gross, wanton, and culpable as to show reckless disregard for human life.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Willful abuse/neglect showing reckless disregard for life — A parent, guardian, or other responsible person's willful act or omission in the care of a child is so gross, wanton, and culpable as to show reckless disregard for human life.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 10 years (Enabling a child to gain possession of a firearm — A parent, guardian, or other responsible person 18 or older willfully acts or omits in a way that causes or enables a child to gain possession of a firearm after notice of a threat determination or knowledge of pending/adjudicated violent juvenile felony charges.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Enabling a child to gain possession of a firearm — A parent, guardian, or other responsible person 18 or older willfully acts or omits in a way that causes or enables a child to gain possession of a firearm after notice of a threat determination or knowledge of pending/adjudicated violent juvenile felony charges.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is abuse and neglect of children classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Willful abuse/neglect causing serious injury | class 4 felony | A parent, guardian, or other person responsible for a child's care commits a willful act or willful omission/refusal to provide necessary care that causes or permits serious injury to the child's life or health. | Va. Code Ann. § 18.2-371.1A |
| Willful abuse/neglect showing reckless disregard for life | class 6 felony | A parent, guardian, or other responsible person's willful act or omission in the care of a child is so gross, wanton, and culpable as to show reckless disregard for human life. | Va. Code Ann. § 18.2-371.1B |
| Enabling a child to gain possession of a firearm | class 5 felony | A parent, guardian, or other responsible person 18 or older willfully acts or omits in a way that causes or enables a child to gain possession of a firearm after notice of a threat determination or knowledge of pending/adjudicated violent juvenile felony charges. | Va. Code Ann. § 18.2-371.1C |
Common questions about abuse and neglect of children in Virginia
Is abuse and neglect of children a felony or a misdemeanor in Virginia?
It depends on the circumstances: abuse and neglect of children ranges from a class 6 felony to a class 4 felony in Virginia under Va. Code Ann. § 18.2-371.1.
Willful abuse/neglect causing serious injury: class 4 felony (Va. Code Ann. § 18.2-371.1A) · Willful abuse/neglect showing reckless disregard for life: class 6 felony (Va. Code Ann. § 18.2-371.1B) · Enabling a child to gain possession of a firearm: class 5 felony (Va. Code Ann. § 18.2-371.1C)
What are the penalties for abuse and neglect of children in Virginia?
Penalties for abuse and neglect of children in Virginia depend on how it is classified — from a class 6 felony up to a class 4 felony — with the ranges set by Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.
Which Virginia statute covers abuse and neglect of children?
Abuse and neglect of children is governed by Va. Code Ann. § 18.2-371.1 (Abuse and neglect of children; penalties; abandoned infant).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.