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2010 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 20-61 of the Code of Virginia is amended and reenacted as follows:
§ 20-61. Desertion or nonsupport of wife, husband or children in necessitous circumstances.
Any spouse who without cause deserts or willfully neglects or
refuses or fails to provide for the support and maintenance of his or her
spouse, and any parent who deserts or willfully neglects or refuses or fails to
provide for the support and maintenance of his or her child under the age of
eighteen years of age, or child of whatever age who is crippled or otherwise
incapacitated from earning a living, the spouse, child or children being then
and there in necessitous circumstances, shall be guilty of a misdemeanor and
upon conviction shall be punished by a fine of not exceeding $500, or confinement
in jail not exceeding twelve months, or both, or on work release employment as
provided in § 53.1-131 for a period of not less than ninety days nor more than
twelve months; or in lieu of the fine or confinement being imposed upon
conviction by the court or by verdict of a jury he or she may be required by
the court to suffer a forfeiture of an amount not exceeding the sum of $1,000
and the fine or forfeiture may be directed by the court to be paid in whole or
in part to the spouse, or to the guardian, curator, custodian or trustee of the
minor child or children, or to some discreet person or responsible organization
designated by the court to receive it. This section shall not apply to any
the parent of any a child of whatever age, if the child
qualifies for and is receiving aid under a federal or state program for aid to
the permanently and totally disabled; or is an adult and meets the visual
requirements for aid to the blind; and for this purpose any state agency shall
use only the financial resources of the child of whatever age in determining
eligibility; however, such parent is subject to prosecution under this
section for the desertion or nonsupport of a spouse or of another child who is
not receiving such aid.