Virginia Code

Va. Code Ann. § 40.1-103 (2026)

Cruelty and injuries to children; penalty; abandoned infant

✓ current as of May 2026

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A. It shall be unlawful for any person employing or having the custody of any child willfully or negligently to cause or permit the life of such child to be endangered or the health of such child to be injured, or willfully or negligently to cause or permit such child to be placed in a situation that its life, health or morals may be endangered, or to cause or permit such child to be overworked, tortured, tormented, mutilated, beaten or cruelly treated. Any person violating this section is guilty of a Class 6 felony.

B. If a 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 (i) a hospital that provides 24-hour emergency services, (ii) an attended emergency medical services agency that employs emergency medical services personnel, or (iii) 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, § 40-112; 1970, c. 321; 1991, c. 511; 2003, cc. 816, 822; 2006, c. 935; 2015, cc. 502, 503; 2022, cc. 80, 81.

Notes of Decisions

Cited in 67 cases (20 in the last 5 years), 1972–2025 · leading case: Kilby v. Culpeper Cnty. Dep't of Soc. Servs., 684 S.E.2d 219 (Va. Ct. App. 2009).

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Kilby v. Culpeper Cnty. Dep't of Soc. Servs., 684 S.E.2d 219 (Va. Ct. App. 2009). · cites it 22× “2 Because the Kilbys would not take steps to create a safe home environment for the child, DSS eventually changed the child’s foster care plan goal to adoption and, consequently, petitioned for termination of Kilby’s residual parental rights.”

Carosi v. Com., 701 S.E.2d 441 (Va. 2010). · cites it 20× “In this appeal, we consider whether the Court of Appeals erred in finding that three convictions for child endangerment in violation of Code § 40.1-103(A) were supported by sufficient evidence that the defendant endangered the lives of her three children by permitting illegal…”

Brown v. Spotsylvania Dep't of Soc. Servs., 597 S.E.2d 214 (Va. Ct. App. 2004). · cites it 18× “” The following day, March 22, 2001, Brown was arrested for child abuse and neglect in violation of Code § 40.1-103. All children were removed from the home, including Brown’s son, D.”

Barnes v. Commonwealth, 622 S.E.2d 278 (Va. Ct. App. 2005). · cites it 18× “Barnes of two counts of child endangerment in violation of Code § 40.1-103(A). Barnes appeals, arguing the evidence was insufficient to prove she acted with criminal negligence.”

Jason William King, Sr. v. King George Dep't of Soc. Servs., 817 S.E.2d 658 (Va. Ct. App. 2018). · cites it 10× “In Brown , we concluded that the Department was not required to make reasonable efforts to reunite Brown with his child after he was convicted of child abuse and neglect in violation of Code § 40.1-103. Id. at 216 , 597 S.E.2d at 220 ; see also Code § 16.”

Ellis v. Commonwealth, 513 S.E.2d 453 (Va. Ct. App. 1999). · cites it 10× “1(A) and of cruelty to children in violation of Code § 40.1-103. Appellant appeals both convictions, contending the evidence was insufficient to find that she acted with the criminal intent or state of mind required to support the convictions.”

Herrera v. Commonwealth, 483 S.E.2d 492 (Va. Ct. App. 1997). · cites it 25× “, was convicted of child neglect in violation of Code § 40.1-103. Herrera’s opening brief on appeal, challenging the trial court’s refusal to instruct the jury on criminal negligence, was received by the Clerk of this Court in November 1995.”

Commonwealth v. Carter, 462 S.E.2d 582 (Va. Ct. App. 1995). · cites it 14× “to be placed in a situation that their life, health, or morals may be endangered,” in violation of Code § 40.1-103. Arguing that the statutory language is unconstitutionally vague, defendants moved to dismiss the indictments, and the trial court sustained the motions.”

Tiffany Stevens Miller v. Commonwealth of Virginia, 769 S.E.2d 706 (Va. Ct. App. 2015). · cites it 4× “1 and the related felony in Code § 40.1-103 in resolving the appellant’s challenge to this element of the misdemeanor proscribed by Code § 18.”

Mosby v. Commonwealth, 473 S.E.2d 732 (Va. Ct. App. 1996). · cites it 22× “On appeal from her conviction of negligent child endangerment pursuant to Code § 40.1-103, Vicki L. Mosby contends (1) that Code § 40.”

Wilson v. Commonwealth, 525 S.E.2d 1 (Va. Ct. App. 2000). · cites it 14× “”, pursuant to Code § 40.1-103. On appeal, she contends (1) the trial court abused its discretion and violated her constitutional rights by permitting the Commonwealth to amend the indictment and (2) the evidence was insufficient to support her conviction where the trial court…”

United States v. Vaughan, 58 M.J. 29 (C.A.A.F. 2003). · cites it 2× “” Va. Code Ann. § 40.1-103 (1998). 27 United States v.”

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— Va. Code Ann. § 40.1-103(A) — 23 cases

Carosi v. Com., 701 S.E.2d 441 (Va. 2010). “In this appeal, we consider whether the Court of Appeals erred in finding that three convictions for child endangerment in violation of Code § 40.1-103(A) were supported by sufficient evidence that the defendant endangered the lives of her three children by permitting illegal…”

Barnes v. Commonwealth, 622 S.E.2d 278 (Va. Ct. App. 2005). “Barnes of two counts of child endangerment in violation of Code § 40.1-103(A). Barnes appeals, arguing the evidence was insufficient to prove she acted with criminal negligence.”

Tiffany Stevens Miller v. Commonwealth of Virginia, 769 S.E.2d 706 (Va. Ct. App. 2015). “1 and the related felony in Code § 40.1-103 in resolving the appellant’s challenge to this element of the misdemeanor proscribed by Code § 18.”

Kilby v. Culpeper Cnty. Dep't of Soc. Servs., 684 S.E.2d 219 (Va. Ct. App. 2009). “2 Because the Kilbys would not take steps to create a safe home environment for the child, DSS eventually changed the child’s foster care plan goal to adoption and, consequently, petitioned for termination of Kilby’s residual parental rights.”

King v. Commonwealth, 692 S.E.2d 249 (Va. Ct. App. 2010).

— Va. Code Ann. § 40.1-103(B) — 2 cases

John Elmore Gibbs v. Commonwealth of Virginia (Va. Ct. App. 2018).

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