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Minor Solicitation Alexandria Virginia Lawyer Felony Delinquency Violation

Minor Solicitation Alexandria Virginia Lawyer Felony Delinquency Violation

Henry v. Commonwealth
Facts:

Defendant was convicted in the Circuit Court of the City of Alexandria, Virginia, of solicitation to commit a felony, in violation of Va. Code Ann. §§ 18.2-29 and -361(A), and contributing to the delinquency of a minor, in violation of Va. Code Ann. § 18.2-371. He appealed.

Minor Solicitation Alexandria Virginia Lawyer Felony Delinquency Violation

Minor Solicitation Alexandria Virginia Lawyer

Issue:
  • Whether the evidence established proved that that the defendant contributed to the delinquency of a minor?
Discussions:

Defendant, 47, asked a 17-year-old girl to perform oral sex. She declined. He started kissing and groping her, but she pushed him away and left. He argued that the sodomy statute, Va. Code § 18.2-361(A), violated the Due Process Clause of the U.S. Constitution and that the evidence was insufficient to support his conviction of contributing to the delinquency of a minor. The appellate court disagreed with both contentions. Defendant lacked standing to assert that § 18.2-361(A) was facially unconstitutional, and it was not unconstitutional as it applied to him. By soliciting oral sex from a minor, defendant willfully encouraged her to engage in a criminal act in violation of Va. Code Ann. § 18.2-29. As his solicitation was clearly designed to encourage her to commit that act, which would have rendered her delinquent under Va. Code Ann. § 16.1-228, the evidence established that he contributed to the delinquency of a minor in violation of Va. Code Ann. § 18.2-371.

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Article written by A Sris
Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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