Contributing to the Delinquency of a Minor

Contributing to the Delinquency of a Minor in Virginia is a crime that covers a wide range of conduct.  A description of the crime is found in Virginia Code section 18.2-371, which also states that violation of that section is a class 1 misdemeanor, punishable by up to one year in jail and/or a fine of up to $2,500.

Causing a child to be abused, neglected, delinquent, or in need of services or supervision

Part (i) of the Virginia law on Contributing to the Delinquency of a Minor states that it is a crime to willfully contribute to, encourage, or cause “any act, omission, or condition that renders a child delinquent, in need of services, in need of supervision, or abused or neglected.”  As you might imagine, this can include a variety of conduct and even failure to act.

What makes a child “abused or neglected” under Virginia law?  There is a long list of conditions that qualify as “abused or neglected” in the Commonwealth of Virginia, found in Virginia Code section 16.1-228:

1. When a parent or other person responsible for the child’s care “creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon such child a physical or mental injury by other than accidental means, or creates a substantial risk of death, disfigurement, or impairment of bodily or mental functions.”
2. When a parent or other person responsible for the child’s care “neglects or refuses to provide care necessary” for the child’s health.
3. When a parent or other person responsible for the child’s care abandons the child.
4. When a parent or other person responsible for the child’s care allows the child to be sexually exploited or allows any other illegal sexual act to be committed upon the child.
5. When a child has no care or guardianship due to the unreasonable mental or physical incapacity of the person who is supposed to be caring for the child, such as by intoxication by drugs or alcohol.
6. When a parent or other person responsible for the child’s care creates a substantial risk of physical or mental injury by knowingly leaving the child alone in the same dwelling with a person who has been convicted of a sex offense against a minor requiring them to register with Virginia’s Sex Offender Registry.
7. When a child has been the victim of sex trafficking or certain other forms of trafficking.

Consensual sex

Part (ii) of the Virginia Contributing to the Delinquency of a Minor statute makes it illegal for a person 18 years of age or older to engage in any consensual sex (oral, anal, or vaginal) with a minor who is 15 years of age or older.  Spouses, parents, or grandparents of the minor are not included in this section because sex between a parent or grandparent and a minor is incest, which is a felony prohibited by Virginia Code section 18.2-366.