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.
Notes of Decisions
Tiffany Stevens Miller v. Commonwealth of Virginia, 769 S.E.2d 706 (Va. Ct. App. 2015).
· cites it 22× “Tiffany Stevens Miller appeals her conviction for contributing to the delinquency of a minor, in violation of Code § 18.2-371. Specifically, she suggests that the evidence was insuffi *534 cient to support her conviction because the Commonwealth failed to prove: (1) she left her…”
Kauffmann v. Commonwealth, 382 S.E.2d 279 (Va. Ct. App. 1989).
· cites it 36× “The Jury Instructions Kauffmann also asserts that the trial judge erred in refusing to give an instruction on lesser included offenses for contributing to the delinquency of a minor, Code § 18.2-371, taking indecent liberties with a child, Code § 18.”
DeAmicis v. Commonwealth, 524 S.E.2d 151 (Va. Ct. App. 2000).
· cites it 48× “1, and contributing to the delinquency of a minor, a misdemeanor, in violation of Code § 18.2-371. On appeal, defendant challenged the sufficiency of the evidence to support the convictions.”
Moreau v. Fuller, 661 S.E.2d 841 (Va. 2008).
· cites it 10× “Skipwith, an adult, was charged with contributing to the delinquency of a minor, a misdemeanor under Code § 18.2-371. Upon hearing the evidence in the case, Judge Moreau found the evidence sufficient to convict the defendant, however, upon request of the victim's mother, she did…”
Ricardo Prudencio v. Eric Holder, Jr., 669 F.3d 472 (4th Cir. 2012).
· cites it 7× “Va. Code § 18.2-371. In considering DHS’s request for removal, the immigration judge used the three-step procedural framework established by the Attorney General in Silva-Trevino.”
Robert McKinley Blankenship v. Commonwealth of Virginia, 823 S.E.2d 1 (Va. Ct. App. 2019).
· cites it 2× “2-57; and contributing to the delinquency of a minor, in violation of Code § 18.2-371. The court imposed the jury’s sentence of thirty-two years of incarceration and a $5,000 fine that was suspended in its entirety.”
McDonald v. Com., 645 S.E.2d 918 (Va. 2007).
· cites it 6× “McDonald also had private, sexual intercourse and engaged in oral sodomy with a different female, A.J., who was 17 years of age at the time.”
George Fisher Robinson v. Commonwealth, 625 S.E.2d 651 (Va. Ct. App. 2006).
· cites it 6× “Robinson (collectively, “the Robinsons”) appeal their multiple convictions for contributing to the delinquency of a minor, a violation of Code § 18.2-371. Elisa Robinson contends that the trial court erred in denying her motion to suppress, reasoning that, because the…”
Wright v. Commonwealth, 789 S.E.2d 611 (Va. 2016).
· cites it 4× “2-96 and contributing to the delinquency of a minor in violation of Code § 18.2-371. Those convictions are not at issue in this appeal.”
McDonald v. Commonwealth, 630 S.E.2d 754 (Va. Ct. App. 2006).
· cites it 8× “The third statute, Code § 18.2-371, declares that when a person eighteen or older “engages in consensual sexual intercourse with a child 15 or older not his spouse” that person has committed a misdemeanor.”
DeAmicis v. Commonwealth, 514 S.E.2d 788 (Va. Ct. App. 1999).
· cites it 16× “1, and contributing to the delinquency of a minor, a misdemeanor, in violation of Code § 18.2-371. On appeal, defendant challenges the sufficiency of the evidence to support the convictions.”
— Va. Code Ann. § 18.2-371(A) — 1 case
— Va. Code Ann. § 18.2-371(B)(1) — 1 case
— Va. Code Ann. § 18.2-371(i) — 5 cases
Tiffany Stevens Miller v. Commonwealth of Virginia, 769 S.E.2d 706 (Va. Ct. App. 2015).
“Tiffany Stevens Miller appeals her conviction for contributing to the delinquency of a minor, in violation of Code § 18.2-371. Specifically, she suggests that the evidence was insuffi *534 cient to support her conviction because the Commonwealth failed to prove: (1) she left her…”
— Va. Code Ann. § 18.2-371(ii) — 1 case
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