Solicitation Of A Minor – Defense In Virginia
This crime falls under Virginia Code § 18.2-374.3, which is called use of communication systems to facilitate certain offenses involving children. This law is used to prosecute those accused of using communication systems in an attempt to engage in sexual activity with a minor.
It shall be unlawful for any person to use a communications system, including but not limited to computers or computer networks or bulletin boards, or any other electronic means for the purposes of procuring or promoting the use of a minor for any activity in violation of 18.2-370 or 18.2-374.1. A violation of this subsection is a Class 6 felony.
It shall be unlawful for any person 18 years of age or older to use a communications system, including but not limited to computers or computer networks or bulletin boards, or any other electronic means, for the purposes of soliciting any person he knows or has reason to believe is a child less than 18 years of age for (i) any activity in violation of 18.2-355 or 18.2-361, (ii) any activity in violation of 18.2-374.1, (iii) a violation of 18.2-374.1:1, or (iv) any activity in violation of subsection A of 18.2-370. As used in this subsection, “use a communications system” means making personal contact or direct contact through any agent or agency, any print medium, the United States mail, any common carrier or communication common carrier, any electronic communications system, or any telecommunications, wire, computer, or radio communications system. A violation of this subsection is a Class 5 felony. However, if the person is at least seven years older than the child he knows or has reason to believe is less than 15 years of age, the person shall be punished by a term of imprisonment of not less than five years nor more than 30 years in a state correctional facility, five years of which shall be mandatory minimum term of imprisonment. Any person who commits a second or subsequent violation of this subsection when the person is at least seven years older than the child he knows or has reason to believe is less than 15 years of age shall be punished by a term of imprisonment of not less than 10 years nor more than 40 years, 10 years of which shall be a mandatory minimum term of imprisonment.
Some of the most terrible crimes in Virginia that occur involve children. Often, these acts begin as a cybercrime in Virginia. Such acts as online solicitation of a juvenile and possession of child pornography happen frequently. Whether a person made a mistake or was falsely accused, there must be a defense lodged to avoid conviction and its consequences.
If you need the help of a lawyer for an online solicitation of a minor charge in Virginia in Fairfax, City of Fairfax, Prince William (Manassas), Fauquier (Warrenton), Loudoun (Leesburg), Caroline, Stafford, Spotsylvania (Fredericksburg), Chesterfield, Henrico, Arlington, Richmond, Alexandria, Warren (Front Royal), Culpeper, Clarke, Shenandoah, King George, Charles City, Frederick (Winchester), Fredericksburg, Gloucester, Hanover, Hopewell, James City, King & Queen, King William, New Kent, Newport News, Petersburg, Prince George, Rappahannock, York, call our law firm immediately for help and speak to a solicitation of minor in Virginia lawyer about your options.
The SRIS Law Group can help you best possible outcome based on the facts of your case. If you wish to consult an SRIS Law Group, P.C. online solicitation of minor attorney in Virginia, call us at 855-696-3348.
In Virginia, online solicitation of a minor is a major crime. The law requires a minimum mandatory 5 year prison sentence for soliciting a minor online.
Lately, there has been an uptick in the number of sexual online solicitation of a minor sting operations in the Central part of Virginia. Frequently, these sting operations are executed by joint task forces between the Chesterfield County Sherriff’s office, Hanover Sherriff’s Office, Richmond Police Department, the Henrico Sherriff’s Office and the FBI.
When a sting operation of this nature is conducted, they are either prosecuted by the Virginia Attorney General’s Office, Hanover County Commonwealth Attorney, Chesterfield County Commonwealth Attorney or Henrico County Commonwealth Attorney. This is entirely dependent on where the alleged offender is arrested or by the agency that initiated the communication.
Regardless of which county is prosecuting the offense, it is vital to hire a sexual online solicitation of a minor attorney in Virginia who knows the different agencies and the sheriff’s office involved in the sting operation.
How these sting operations are setup is strikingly similar. The following is a very common fact pattern of how these stings are executed:
First, the particular sheriff’s office will place an ad in craigslist. Once contact is made with an alleged offender, the primary officer on the case will ask the individual they are targeting to start communicating with them on KIK. The officer will tell you at least once, if not more often that they are 14 or almost 15. This still makes the alleged victim of the chat 14 years old.
Listen very carefully. The best thing you can do if you are approached by a 17 year old or younger female to chat, DON’T. Even if you think the person is lying or role playing, do not chat with anyone who claims to be a minor. If you do chat with the “female”, say very little as possible and do not communicate any sexual propositions via chat.
During the process of chatting with an alleged minor, if you ask for nudes, this act can be deemed soliciting and an attempt to obtain child pornography in Virginia. Frequently, those charged with these types of offenses have a background in computers. Attempting to meet the minor will result in being charged with attempted indecent liberties of a minor in Virginia. Keep in mind, that indecent liberties with a minor in Virginia carries its own set of penalties.
So what is online sexual solicitation of a minor per Virginia law in a nutshell?
- Propose to do something sexual
- To a minor
- Over a computer network or internet
The following the detailed version of the law:
This crime falls under Virginia Code § 18.2-374.3, which is called use of communication systems to facilitate certain offenses involving children. This law is used to prosecute those accused of using communication systems in an attempt to engage in sexual activity with a minor.
It shall be unlawful for any person to use a communications system, including but not limited to computers or computer networks or bulletin boards, or any other electronic means for the purposes of procuring or promoting the use of a minor for any activity in violation of 18.2-370 or 18.2-374.1. A violation of this subsection is a Class 6 felony.
It shall be unlawful for any person 18 years of age or older to use a communications system, including but not limited to computers or computer networks or bulletin boards, or any other electronic means, for the purposes of soliciting any person he knows or has reason to believe is a child less than 18 years of age for (i) any activity in violation of 18.2-355 or 18.2-361, (ii) any activity in violation of 18.2-374.1, (iii) a violation of 18.2-374.1:1, or (iv) any activity in violation of subsection A of 18.2-370. As used in this subsection, “use a communications system” means making personal contact or direct contact through any agent or agency, any print medium, the United States mail, any common carrier or communication common carrier, any electronic communications system, or any telecommunications, wire, computer, or radio communications system. A violation of this subsection is a Class 5 felony. However, if the person is at least seven years older than the child he knows or has reason to believe is less than 15 years of age, the person shall be punished by a term of imprisonment of not less than five years nor more than 30 years in a state correctional facility, five years of which shall be mandatory minimum term of imprisonment. Any person who commits a second or subsequent violation of this subsection when the person is at least seven years older than the child he knows or has reason to believe is less than 15 years of age shall be punished by a term of imprisonment of not less than 10 years nor more than 40 years, 10 years of which shall be a mandatory minimum term of imprisonment.
The crimes related to the solicitation can range from aggravated sexual battery, sexual abuse, child molestation, indecent exposure, Internet solicitation, indecent liberties, rape, sodomy, or object sexual penetration. These include “statutory rape,” which is often charged as “Unlawful Carnal Knowledge of a Minor.”
Here is the reality.
Often the person who is talking to the alleged minor needs help in the form of mental health counseling. The individual may be very lonely or is suffering from depression or some form of anxiety.
Once a police officer has developed sufficient evidence to charge you with soliciting a minor online/via computer, they will obtain a search warrant to search your home for any electronic devices that may contain evidence of the crime. The search warrant will authorize them to seize your laptop, desktop, other electronic hardware such as hard drives and especially your phone.
Listen to this very carefully, DO NOT CONSENT TO TALK TO THE POLICE, no matter how nice they are to you. Immediately assert your RIGHT TO A LAWYER and say these magic words: “I WANT MY LAWYER”. Do not give them access to your phone. Meaning, do not give them your passcode to your cell phone or any other device.
When they examine your electronic devices such as your cell phone, they will examine it to see if you have solicited other juvenile children online or whether the device possesses any child pornography.
Craigslist requires you to be 18 to post in their classifieds. This may be a defense. Do not be fooled into talking to the police. If you are arrested, you will be taken before a magistrate.
Charges that involve online solicitation of a minor or child pornography has a presumption against bond.
The possibility of getting bond on these types of charges for electronic solicitation of a minor online/via computer or possession of child pornography is hard, but not impossible if you can articulate the right set of facts to the court.
The Court will look at factors such as how long you have lived in Virginia, whether you are a flight risk, a danger to yourself or to the community.
Keep in mind, the alleged “victim” will often want to meet with you. If you are apprehended by the police, the police will often ask you if you are sorry for contacting a minor. Whether a 14 year old should be with an adult? Whether a 14 year old should have sexual contact with an adult?
The best answer to all these questions is the magic phrase: “I WANT MY LAWYER”
Keep in mind that the penalties for any kind of sex crimes in Virginia are extremely severe. There are mandatory minimums for these most types of sex crimes in Virginia. When you are facing any of these penalties, it can seem overwhelming. Understand that there are options.
The most important thing you can do is talk to a Virginia sex crimes lawyer who is experienced at defending these kinds of charges. Our law firm routinely defends clients charged with electronic solicitation of a minor via internet/online/computer and child pornography charges in Fairfax, City of Fairfax, Prince William (Manassas), Fauquier (Warrenton), Loudoun (Leesburg), Caroline, Stafford, Spotsylvania (Fredericksburg), Chesterfield, Henrico, Arlington, Culpeper, Richmond, Alexandria, Warren (Front Royal), Clarke, Shenandoah, King George, Charles City, Frederick (Winchester), Fredericksburg, Gloucester, Hanover, Hopewell, James City, King & Queen, King William, New Kent, Newport News, Petersburg, Prince George, Rappahannock and York.
