Solicitation of a Minor – Virginia

Solicitation of a minor is outlined in the code of Virginia §18.2-374.3, and it is explained as using a communication system — such as email, print, the internet, text messages, or other means — to solicit a child to engage in a sexual act of any kind or to promote the use of a child in a sexual act. In some cases, claims of solicitation of a minor can lead to more sex offense charges, including but not limited to:

  • Inappropriate touching
  • Indecent exposure
  • Production or possession of child pornography
  • Rape or statutory rape

Charges can start from a class 5 felony to a class 6 felony, depending on the conditions of the case and result in up to 10 years in jail for class 5 felonies. If the offender is charged again for soliciting a child, consequences can intensify up to 40 years in prison with a minimum sentence in prison of no less than 10 years.

Solicitation of a Minor – Jail Time and Other Penalties

Federal and Virginia pornography and obscenity laws are very severe and may not take into account whether the individual intended that anyone other than the receiver see the picture or meant the sexted picture to be part of an intimate relationship between consenting adults. The verdict could result in years of jail time as well as requirement that the person register as a sex offender. In addition, significant harm can be done to their reputation, career, and personal and family relations.

Anyone facing an inquiry, an investigation, or charges for a sex crime related to sexting, even if it was a mistake, should seek legal advice immediately. Being in such a situation can be extremely frightening and confusing. A defense lawyer will launch an investigation on behalf of the suspected, exploring potential defenses like unreasoning search and seizure of devices or inadequate intention to commit the crime.

A defense attorney will advise the person of the pros and cons of negotiation with the trial and if necessary lawyer vigorously at trial. Facing such types of charges is a very serious situation and not one to face without an experienced lawyer on your side.

Solicitation of a Minor – Defense

If you have been charged with an online sex crime, our attorney will talk to potential witnesses, review-proof (which can include chat room or social media records and other records that may reveal discussions about age, whether it happened or not), conduct a thorough research, and sometimes work with the available technology experts and others. Our advocates will gather as much information as possible in order to make an appropriate defense, which will often include exploring whether set-up by law enforcement officers was a factor in charging you.