DEFENSE OF CAUSING OR ENCOURAGING A CHILD TO BECOME DELINQUENT IN VIRGINIA
VIRGINIA SEX OFFENSE/CRIME ATTORNEYS
Causing a child to become delinquent in Virginia is class 1 misdemeanor in Virginia. Frequently, people who are offered a chance to plead to this offense under subsection ii do not realize that this will cause them to have to register as a sex offender.
Virginia Code § 18.2-371. Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant
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 which renders a child delinquent, in need of services, in need of supervision, or abused or neglected as defined in§ 16.1-228, or (ii) engages in consensual sexual intercourse with a child 15 or older not his spouse, child, or grandchild, shall be guilty of a Class 1 misdemeanor. This section shall not be construed as repealing, modifying, or in any way affecting§§ 18.2- 18,18.2-19,18.2-61,18.2-63,18.2-66, 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 rescue squad, it shall be an affirmative defense to prosecution of a parent under this section that such parent safely delivered the child to a hospital that provides 24-hour emergency services or to an attended rescue squad that employs emergency medical technicians, within the first 14 days of the child’s life.