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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.