Virginia criminal charge

Abuse and neglect of vulnerable adults in Virginia

Current through 2026 Virginia legislative session

Abuse and neglect of vulnerable adults is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-369. 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. § 18.2-369.

What is the penalty for abuse and neglect of vulnerable adults in Virginia?

Penalties for Abuse and neglect of vulnerable adults
Penalty	Range	Basis	Authority
Jail / prison	up to 12 months (Abuse or neglect without serious bodily injury (first offense) — A responsible person abuses or neglects a vulnerable adult and the abuse or neglect does not result in serious bodily injury or disease.)	discretionary	Va. Code Ann. § 18.2-11
Fine	up to $2,500 (Abuse or neglect without serious bodily injury (first offense) — A responsible person abuses or neglects a vulnerable adult and the abuse or neglect does not result in serious bodily injury or disease.; either or both with confinement (§ 18.2-11(a)))	discretionary	Va. Code Ann. § 18.2-11
Jail / prison	1 years to 5 years (Abuse or neglect without serious bodily injury (second or subsequent offense) — A responsible person is convicted of a second or subsequent offense of abusing or neglecting a vulnerable adult without resulting serious bodily injury or disease.; 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 (Abuse or neglect without serious bodily injury (second or subsequent offense) — A responsible person is convicted of a second or subsequent offense of abusing or neglecting a vulnerable adult without resulting serious bodily injury or disease.; with the jail-confinement alternative under § 18.2-10(f))	discretionary	Va. Code Ann. § 18.2-10
Jail / prison	2 years to 10 years (Abuse or neglect resulting in serious bodily injury or disease — A responsible person abuses or neglects a vulnerable adult and the abuse or neglect results in serious bodily injury or disease.)	mandatory	Va. Code Ann. § 18.2-10
Fine	up to $100,000 (Abuse or neglect resulting in serious bodily injury or disease — A responsible person abuses or neglects a vulnerable adult and the abuse or neglect results in serious bodily injury or disease.; only together with imprisonment (§ 18.2-10(g)))	discretionary	Va. Code Ann. § 18.2-10
Jail / prison	5 years to 20 years (Abuse or neglect resulting in death — A responsible person abuses or neglects a vulnerable adult and the abuse or neglect results in the death of the vulnerable adult.)	mandatory	Va. Code Ann. § 18.2-10
Fine	up to $100,000 (Abuse or neglect resulting in death — A responsible person abuses or neglects a vulnerable adult and the abuse or neglect results in the death of the vulnerable adult.; only together with imprisonment (§ 18.2-10(g)))	discretionary	Va. Code Ann. § 18.2-10

Applies to current.

How is abuse and neglect of vulnerable adults classified in Virginia?

The classification depends on the circumstances:

Classification variants for Abuse and neglect of vulnerable adults
Variant	Classification	When it applies	Statute
Abuse or neglect without serious bodily injury (first offense)	class 1 misdemeanor	A responsible person abuses or neglects a vulnerable adult and the abuse or neglect does not result in serious bodily injury or disease.	Va. Code Ann. § 18.2-369A
Abuse or neglect without serious bodily injury (second or subsequent offense)	class 6 felony	A responsible person is convicted of a second or subsequent offense of abusing or neglecting a vulnerable adult without resulting serious bodily injury or disease.	Va. Code Ann. § 18.2-369A
Abuse or neglect resulting in serious bodily injury or disease	class 4 felony	A responsible person abuses or neglects a vulnerable adult and the abuse or neglect results in serious bodily injury or disease.	Va. Code Ann. § 18.2-369B
Abuse or neglect resulting in death	class 3 felony	A responsible person abuses or neglects a vulnerable adult and the abuse or neglect results in the death of the vulnerable adult.	Va. Code Ann. § 18.2-369B

Common questions about abuse and neglect of vulnerable adults in Virginia

Is abuse and neglect of vulnerable adults a felony or a misdemeanor in Virginia?

It depends on the circumstances: abuse and neglect of vulnerable adults ranges from a class 1 misdemeanor to a class 3 felony in Virginia under Va. Code Ann. § 18.2-369.

Abuse or neglect without serious bodily injury (first offense): class 1 misdemeanor (Va. Code Ann. § 18.2-369A) · Abuse or neglect without serious bodily injury (second or subsequent offense): class 6 felony (Va. Code Ann. § 18.2-369A) · Abuse or neglect resulting in serious bodily injury or disease: class 4 felony (Va. Code Ann. § 18.2-369B) · Abuse or neglect resulting in death: class 3 felony (Va. Code Ann. § 18.2-369B)

What are the penalties for abuse and neglect of vulnerable adults in Virginia?

Penalties for abuse and neglect of vulnerable adults in Virginia depend on how it is classified — from a class 1 misdemeanor up to a class 3 felony — with the ranges set by Va. Code Ann. § 18.2-11 and 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 vulnerable adults?

Abuse and neglect of vulnerable adults is governed by Va. Code Ann. § 18.2-369 (Abuse and neglect of vulnerable adults; penalties).

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.