Contributing Delinquency Minor Virginia 18.2-371 Code Fairfax Lawyer

What code is § 18.2-371?

Virginia Code Section § 18.2-371 defines the Contributing to the Delinquency of a Minor. It is a very serious offense. A person convicted under this section shall be guilty of a Class 1 misdemeanor in Virginia.

What does the Code state?

Virginia Code Section § 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 Virginia code 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. In order for the affirmative defense to apply, the child shall be delivered in a manner reasonably calculated to ensure the child’s safety.”

What amounts to contributing to the Delinquency of a Minor in Virginia?

As defined by the Virginia Code, any offense committed by any person over 18 years of age who wilfully contributes to, encourages, or causes any act, omission, or condition that renders a child delinquent, in need of services, in need of supervision, or abused or neglected; or engages in consensual sexual intercourse with a child over 15 of years ago and not his spouse, child, or grandchild, amounts to contributing to the Delinquency of a Minor in Virginia.

Meaning of “willfully contributes to, encourages, or causes”

If the defendant was a willing participant in a minor’s commission of a crime, then it comes within the purview of “willfully contributes to, encourages, or causes.”
But there are no clear defined rules regarding this. Therefore, if you’ve been charged with this offense, it is best to have your case handled by an experienced attorney.

Meaning of “any act, omission or condition that renders a child delinquent, in need of services, in need of supervision, or abused or neglected

In general, Contributing to the delinquency is in regard with the adult that is involved with a minor’s violation of criminal law. Therefore, in cases where an adult is involved in a minor’s commission of a crime, he/she will be charged with Contributing.

However, other acts can give rise to a Virginia contributing charge. For instance, where a parent allowed a child to be in a particular position to be harmed, he/or she may be guilty of contributing to the delinquency of a child.

Consequences of Contributing to the Delinquency of a Minor in Virginia

Contributing to the Delinquency of a Minor is a Class I Misdemeanor in the Commonwealth of Virginia. The punishment for a Class 1 Misdemeanor is imprisonment of up to one year, a fine of up to $2,500.00, or both.

Additional penalties such as no contact with the victim, counseling and education to avert such actions in the future, etc., can also be imposed. You will need to appear before the court for non-compliance of these penalties.

Added to the court-imposed penalties, you will also need to face the social stigma. Your education and employment opportunities are at stake.

Minor (or the parents) doesn’t want you to be prosecuted

The prosecutor is not only representing the minor but the entire society. Therefore, the case cannot to be dropped merely because the minor (or the parents) want the charges to be dropped.
Virginia Contributing to the Delinquency of a Minor is a very serious offense. When charged with this offense, it is important get in touch with an experienced attorney right away as it will have a serious impact on your social life.

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