Penalties for Failure to Report and False Reporting of Child Abuse and Neglect - Virginia

Date: February 2019

Failure to Report

Citation: Ann. Code § 63.2-1509(D)-(E)

Any person required to file a report pursuant to this section who fails to do so as soon as possible, but no longer than 24 hours after having reason to suspect a reportable offense of child abuse or neglect, shall be fined no more than $500 for the first failure and, for any subsequent failures, no less than $1,000. In cases evidencing acts of rape, sodomy, or object sexual penetration, as defined in § 18.2-61, et seq., a person who knowingly and intentionally fails to make the report required pursuant to this section shall be guilty of a class 1 misdemeanor.

No person shall be required to make a report pursuant to this section if the person has actual knowledge that the same matter has already been reported to the local department or the toll-free child abuse and neglect hotline of the Department of Social Services.

False Reporting

Citation: Ann. Code § 63.2-1513(A)

Any person age 14 or older who makes or causes to be made a report of child abuse or neglect that he or she knows to be false shall be guilty of a class 1 misdemeanor.

Any person age 14 or older who has been previously convicted under this subsection and who is subsequently convicted of making a false report of child abuse or neglect shall be guilty of a class 6 felony.