Deconstructing the Statute: Virginia Code § 18.2-374.3

The legal basis for almost every online sting operation in Virginia is VA Code § 18.2-374.3. This statute makes it a felony to use a communications system to facilitate certain offenses involving minors. To win a conviction, the Commonwealth’s Attorney in Loudoun, Fairfax, or Prince William must prove each component of this law beyond a reasonable doubt. The defense strategy begins by dissecting these elements to identify weaknesses in the prosecutor’s case.

A conviction requires the government to prove the defendant:

1. Used a Communications System: This is a broad term that includes computers, computer networks, and any other electronic device. It covers everything from email and websites to dating apps, social media direct messages, and platforms like Kik, Discord, or Snapchat.
2. For the Purpose of Soliciting: This is the criminal act. The defendant must have used the communications system to actively solicit, procure, or promote an individual for an illegal act. This implies a conscious objective—an intent to lure or entice—not merely to engage in a passive or responsive conversation.
3. A Minor or a Person Believed to be a Minor: This is the crucial language that validates police sting operations. The law applies if the target of the solicitation is an actual minor *or* if the defendant *believes* they are a minor. An undercover officer’s testimony that they presented themselves as a 14-year-old and that the defendant acknowledged that age is sufficient to meet this element.
4. To Commit a “Specified Illegal Act”: The solicitation must be for a specific sexual crime defined elsewhere in the Virginia Code. Most commonly, this involves soliciting the “minor” for acts that would constitute Taking Indecent Liberties with a Child (VA Code § 18.2-370) or other felony sexual offenses.

The crime is the communication itself. The Commonwealth does not need to prove that a meeting happened or that any physical contact occurred. The entire case is built on the words exchanged in the chat log.

The NoVA Sting Operation: A Step-by-Step Anatomy

Solicitation cases in Northern Virginia are not the result of random chance. They are the product of deliberate, methodical sting operations conducted by ICAC task forces, often comprised of officers from the Loudoun County Sheriff’s Office, Fairfax County Police, Prince William County Police, and Virginia State Police. Recognizing their standard operating procedure is the first step to building a defense.

Having cross-examined these officers and analyzed their reports for over two decades, I can outline their typical playbook:

1. Decoy Profile Creation: An officer creates a fake online persona of a teenager, typically a 13- to 15-year-old. The profile is populated with age-appropriate language and interests to appear authentic.
2. Deployment: The officer deploys this decoy on platforms known for adult interaction, such as dating apps, specific chat rooms, or messaging apps. They may wait for targets to initiate contact or proactively engage others.
3. The “Steer”: The officer’s primary goal is to guide the conversation toward sexual matters. They are trained to be patient, often using themes of loneliness, boredom, or curiosity to build a rapport and get the target to let their guard down.
4. Eliciting Incriminating Statements: The officer works to get the target to make three key types of statements: an acknowledgement of the decoy’s purported age, an explicit solicitation for a sexual act, and an agreement to meet in person.
5. The “Takedown”: Once an agreement to meet is secured, the ICAC team sets up surveillance at the designated public location—a Starbucks in Fairfax, a shopping center in Loudoun, a park in Prince William. When the target arrives, the arrest is made by a team of waiting officers. The entire digital conversation is preserved as the primary evidence.

While this process is legal, the specific tactics used by the undercover officer are fertile ground for a defense attorney to explore issues of intent and entrapment.

The Life-Altering Consequences of a Conviction in Virginia

A felony conviction for solicitation of a minor in Virginia carries penalties that extend far beyond the courtroom and prison walls. The consequences are permanent and designed to be severely punitive, affecting every aspect of a person’s life from that point forward. It is crucial to understand the full weight of what is at stake.

The criminal penalties under VA Code § 18.2-374.3 are based on the purported age of the minor:

• Soliciting a person believed to be **15 or older** is a **Class 5 felony**, punishable by **1 to 10 years** in prison.
• Soliciting a person believed to be **under the age of 15** is a **Class 4 felony**, punishable by **2 to 10 years** in prison.

Mandatory, Lifelong Sex Offender Registration

This is arguably the most devastating consequence. A conviction for this offense requires you to register on Virginia’s Sex Offender and Crimes Against Minors Registry for the rest of your life. This is not a private list; it is a public database. Registration involves:

• Your name, photograph, home address, and work address being published online.
• A requirement to re-register in person with law enforcement every 90 or 180 days, for life.
• Severe restrictions on where you can live and work.
• Permanent loss of certain civil rights, including the right to own a firearm.
• A profound and inescapable social stigma that follows you everywhere.

The goal of any defense in a solicitation case is, first and foremost, to avoid a conviction that triggers these catastrophic and permanent consequences.

The Northern Virginia Sting Operation Deconstruction Guide

When the entire case against you is a digital conversation, a meticulous analysis of that conversation is the foundation of your defense. This **Northern Virginia Sting Operation Deconstruction Guide** is a confidential framework to help you organize your recollections and the facts for your attorney. It is a critical first step in preparing for the legal battle in Loudoun, Fairfax, or Prince William County.

Part 1: The Initial Contact

• Platform: On which website, app, or platform did the conversation occur? (e.g., Kik, Discord, a specific dating app).
• Usernames: What was your username? What was the undercover officer’s username?
• Initiation: Who made the first contact? Did you message the decoy profile, or did they message you first?

Part 2: The Conversational Flow

• Introduction of Age: Who first mentioned the decoy’s age? How did you react?
• Introduction of Sexual Topics: Who first steered the conversation toward sexual matters? Was it an abrupt shift or a gradual one?
• Your Level of Participation: Were you an active and eager participant, or were you mostly responding to the officer’s leading questions and prompts?

Part 3: The “Meet” Arrangement

• Suggestion: Who first suggested meeting in person?
• Location: Who chose the specific location in Loudoun, Fairfax, or PWC?
• Confirmation: Did you explicitly confirm you would be there, or was your agreement vague or non-committal? Did you take any steps to back out of the meeting?

Part 4: The Arrest & Interrogation

• Arresting Agency: Which police department arrested you (LCSO, FCPD, PWCPD, VSP)?
• Statements: What, if anything, did you say to the police after your arrest? Be as detailed as possible. This is for your attorney’s eyes only and is protected by privilege.

Defenses Against an Undercover Sting: Entrapment and Intent

Defending a case born from a sting operation is different from defending other crimes. The act itself—the conversation—is not in dispute. The defense, therefore, must focus on the defendant’s state of mind and the conduct of the government. The two most powerful legal defenses are challenging criminal intent and arguing entrapment.

In the Circuit Courts of Fairfax, Loudoun, and Prince William, I have found that a successful defense requires a deep dive into the nuances of the chat log.

1. The Entrapment Defense in Virginia

Entrapment is more than just being tricked by police. To succeed with this defense in Virginia, you must prove two things: (1) the government improperly induced you to commit the crime, and (2) you were not already “predisposed” to commit it.

• Improper Inducement: This is where the officer’s tactics are scrutinized. Did they engage in repeated, persistent persuasion after you showed reluctance? Did they use appeals to sympathy or other coercive methods? If the officer’s conduct goes beyond simply providing an opportunity, it may be improper inducement.
• Lack of Predisposition: This requires showing that you had no prior intent or inclination to commit this crime. Evidence of a clean record, the absence of any other illicit activity on your devices, and your hesitation during the chat can all be used to argue you were not predisposed.

While difficult, entrapment can be a complete defense to the charge.

2. Challenging Criminal Intent (*Mens Rea*)

The Commonwealth must prove you had the specific intent to solicit a minor. We can attack this element by arguing:

• Fantasy or Role-Play: The conversation was clearly a fantasy scenario between what you believed to be two adults, with no connection to reality or intent to act in the real world.
• Lack of Solicitation: You were not the “solicitor.” You were merely a passive or responsive party in a conversation orchestrated and driven by the undercover officer. Your words did not amount to an active “enticement” as required by the statute.

Critical Mistakes to Avoid After a Sting Arrest

An arrest in a sting operation in Fairfax, Loudoun, or PWC is a shocking and humiliating event. The decisions made in the hours that follow are critical. Avoid these common, irreversible errors.

1. Confessing to the Police: This is the number one mistake. After the arrest, you will be taken to a station and interrogated. They will try to get a full confession on tape. Anything you say will be used to convict you. The only correct response is to say, “I am invoking my right to remain silent and I want a lawyer.”
2. Believing “Cooperation Will Help”: Officers may imply that if you confess, the prosecutor or judge will “go easy on you.” They have no authority to make such promises. A confession only serves to make the prosecutor’s job easier and eliminate your defenses.
3. Deleting Apps or Profiles: The police already have the evidence from their end of the conversation. Deleting your account after the fact will be presented to the jury as “consciousness of guilt.”
4. Consenting to a Search of Your Phone: At the time of arrest, police will seize your phone. They may ask for your password. Do not provide it. Force them to get a search warrant.
5. Delaying Hiring a Defense Attorney: The Commonwealth’s Attorney begins building their case immediately. You need an experienced NoVA sex crimes attorney who is familiar with the local ICAC units and courts to begin building your defense just as quickly.

Glossary of Key Legal Terms

VA Code § 18.2-374.3: The Virginia statute making it a felony to use a computer or other device to solicit a minor for a sexual act.

ICAC Task Force: Internet Crimes Against Children task forces, comprised of local and state police (like in Fairfax, Loudoun, and PWC) who conduct online sting operations.

Sting Operation: An undercover operation where police pose as someone else to gather evidence against a target.

Entrapment: A legal defense arguing that police improperly induced a non-predisposed person to commit a crime.

Predisposition: A person’s existing readiness or inclination to commit a crime, which is a key element in defeating an entrapment defense.

Commonwealth’s Attorney: The elected prosecutor for a specific Virginia county or city (e.g., Fairfax County Commonwealth’s Attorney).

Common Sting Scenarios in Fairfax, Loudoun, and PWC

These sting operations in Northern Virginia follow common patterns, tailored to the online behavior of residents.

Scenario 1: The Fairfax Dating App Sting

The Fairfax County Police Department (FCPD) ICAC unit creates a decoy profile on a popular dating app, listing the age as 19. A target matches and initiates a chat. The decoy quickly reveals her “real” age is 14. The officer continues the conversation, steering it toward a meeting at a Starbucks in Tysons Corner. The target agrees and is arrested upon arrival.

Scenario 2: The Loudoun County Chat Room Sting

The Loudoun County Sheriff’s Office (LCSO) monitors an anonymous chat website. An undercover deputy, posing as a 13-year-old from Ashburn, enters a chat room. A target sends a private message. The deputy patiently engages in conversation over several days, eventually eliciting a sexual solicitation. Even without a meeting, the chat log is used to get an indictment.

Scenario 3: The Prince William County “Meet”

The Prince William County Police Department (PWCPD) conducts a sting targeting a messaging app. After a lengthy conversation, the target agrees to meet the “minor” at the Manassas Mall. The defendant drives to the location but gets nervous and begins to leave the parking lot without getting out of his car. Police move in and make the arrest anyway, arguing the attempt to meet was sufficient.

Frequently Asked Questions (FAQ)

1. Is it entrapment if the police officer lied about their age?

No. Lying about identity is a legal and standard part of undercover work. Entrapment requires a much higher level of improper government persuasion against a non-predisposed person.

2. I never agreed to meet. Can I still be convicted?

Yes. The crime under § 18.2-374.3 is the solicitation itself, which is complete the moment the illegal communication is sent. A meeting is not a required element of the crime, although prosecutors like to have it as evidence.

3. Why will my case be heard in Fairfax/Loudoun/PWC and not where the officer was located?

Venue (the location of the trial) is proper where the defendant committed the act. Since you were likely in your home county when you were using your computer, that is where the case will be prosecuted.

4. Will this be a federal case?

It can be. Local NoVA task forces often have federal agents from the FBI or HSI embedded in them. If the case has certain aggravating factors, the U.S. Attorney’s Office in Alexandria may decide to prosecute it federally, which usually means facing harsher penalties.

5. I confessed. Is my case over?

A confession makes a case much more difficult, but not necessarily hopeless. A knowledgeable attorney can still file motions to suppress the confession if your Miranda rights were violated, and can still argue defenses like entrapment at trial. It is a significant hurdle, but not an absolute bar to a defense.