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Minor Solicitation Virginia Computer Proper Jurisdiction Lawyers Fairfax County

MinorSolicitationVirginiaComputerProperJurisdictionLawyersFairfaxCounty

Commonwealth v. Mark

Facts:

Defendant challenged a judgment of the Circuit Court of Fairfax County (Virginia), which convicted him of computer solicitation of a minor in violation of Va. Code Ann. § 18.2-374.3. He argued that the trial court erred in concluding that venue was proper inFairfaxCounty.

Minor Solicitation Virginia Computer Proper Jurisdiction Lawyers Fairfax County

Minor Solicitation Virginia Computer Proper Jurisdiction Lawyers

Issue:
  • Whether the trial court erred in concluding that venue was proper inFairfaxCounty?
Discussions

Defendant contended that the offense was committed only inWiseCounty, the location from which he sent the instant electronic messages, and not inFairfaxCounty, the location in which the messages were received. The court of appeals held that pursuant to Va. Code Ann. §§ 18.2-374.3 and 19.2-244, venue was proper in Fairfax County because a detective, who was posing as 13-year-old girl, received defendant’s personal electronic contacts there. Va. Code Ann. § 18.2-374.3(A), by its plain terms, did not proscribe the mere act of sending a communication, such as an instant message or e-mail. It required, in addition, that the perpetrator, by means of that communication, make personal or direct contact with any person he or she knew or had reason to believe was a child less than 15 years of age. Therefore, the offenses were not complete until the undercover police officer received defendant personal or direct contact. Defendant chose to communicate online with the undercover officer, and the victim actually received his communications, which was a critical portion of the offense proscribed by § 18.2-374.3(A), while inFairfaxCounty.

The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case. A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

Article written by A Sris

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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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