West Virginia Code § 61-8D-10

Contributing to delinquency of a child; penalties; payment of medical
Open in Lexace · Ask the AI about this section
costs; proof; court discretion; other payments; suspended sentence; maintenance
and care; temporary custody.
(a) Any person eighteen years of age or older who knowingly contributes to or encourages
the delinquency of a child is guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than $50 nor more than $500 or confined for a period not exceeeding one year
or both.
(b) As used in this section, "delinquency" means the violation or attempted violation of any
federal or state statute, county or municipal ordinance, or a courut order, or the habitual or
continual refusal to comply, without just cause, with the lawful supervision or direction of a
parent, guardian or custodian. t
(c) In addition to any penalty provided under this section and any restitution which may be
ordered by the court pursuant to section five, article eleven-a of this chapter the court may
order any person convicted of a violation of subsecltion (a) of this section to pay all or any
portion of the cost of medical, psychological osr psychiatric treatment provided the child
resulting from the acts for which the person is convicted.
(d) This section does not apply to angy parent, guardian or custodian who fails or refuses, or
allows another person to fail or refuse, to supply a child under the care, custody, or control
of the parent, guardian, or custodian with necessary medical care, when medical care
conflicts with the tenets and practices of a recognized religious denomination or order of
which parent, guardian or custodian is an adherent or member.
(e) It is not an essential element of the offense created by this section that the minor actually
be delinquent.
(f) Upon conviction, the court may suspend the sentence of a person found guilty under this
section. A suspended sentence may be subjected to the following terms and conditions:
(1) That offender pay for any and all treatment, support, and maintenance while the child is
in the custody of the state or person that the court determines reasonable and necessary for
the welfare of the child;
(2) That the offender post a sufficient bond to secure the payment for all sums ordered to be
paid under this section, as long as the bond does not exceed $5,000; and
(3) That the offender participate in any program or training that will assist the child in
correcting the delinquent behavior or, in the case of neglect, that will assist the offender in
correcting his or her behavior that led to violation of this section.
(g)(1) The penalty of a bond given upon suspension of a sentence which becomes forfeited is
recoverable without a separate suit. The court may cause a citation or a summons to issue
to the principal and surety, requiring that they appear at a time named by the court, not less
than ten days, from the issuance of the summons, and show cause why a judgment should
not be entered for the penalty of the bond and execution issued against the property of the
principal and the surety.
(2) Any money collected or paid upon an execution, or upon the bond, shall be deposited
with the clerk of the court in which the bond was given. The money shall be applied first to
the payment of all court costs and then to the treatment, care, or maintenanece of the child
who was at issue when the offender was convicted of this section.
(h) If the guilty person had custody of the child prior to conviction, the court or judge may,
on suspending sentence, permit the child to remain in the custoduy of the person, and make it
a condition of suspending sentence that the person provides whatever treatment and care
may be required for the welfare of the child, and shall do whtatever may be calculated to
secure obedience to the law or to remove the cause of the delinquency.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.