20-61 - Desertion or nonsupport of wife, husband or children in necessitous circumstances.
§ 20-61. Desertion or nonsupport of wife, husband or children in necessitouscircumstances.
Any spouse who without cause deserts or willfully neglects or refuses orfails to provide for the support and maintenance of his or her spouse, andany parent who deserts or willfully neglects or refuses or fails to providefor the support and maintenance of his or her child under the age of eighteenyears of age, or child of whatever age who is crippled or otherwiseincapacitated from earning a living, the spouse, child or children being thenand there in necessitous circumstances, shall be guilty of a misdemeanor andupon conviction shall be punished by a fine of not exceeding $500, orconfinement in jail not exceeding twelve months, or both, or on work releaseemployment as provided in § 53.1-131 for a period of not less than ninetydays nor more than twelve months; or in lieu of the fine or confinement beingimposed upon conviction by the court or by verdict of a jury he or she may berequired by the court to suffer a forfeiture of an amount not exceeding thesum of $1,000 and the fine or forfeiture may be directed by the court to bepaid 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 discreetperson or responsible organization designated by the court to receive it.This section shall not apply to the parent of a child of whatever age, if thechild qualifies for and is receiving aid under a federal or state program foraid to the permanently and totally disabled; or is an adult and meets thevisual requirements for aid to the blind; and for this purpose any stateagency shall use only the financial resources of the child of whatever age indetermining eligibility; however, such parent is subject to prosecution underthis section for the desertion or nonsupport of a spouse or of another childwho is not receiving such aid.
(1944, p. 210; Michie Suppl. 1946, § 1936; 1950, p. 613; 1954, c. 481; 1960,c. 275; 1966, c. 360; 1970, c. 284; 1972, cc. 460, 845; 1973, cc. 315, 346;1974, c. 464; 1975, c. 644; 1976, c. 462; 2010, c. 619.)