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Solicitation Richmond Virginia Communication Violation Prohibition Lawyer

Solicitation Richmond Virginia Communication Violation Prohibition Lawyer

Gerald v. Commonwealth
Facts:

The City of Richmond Court (Virginia) entered a final judgment of conviction after defendant was found guilty of using a communications system to solicit a person he knew, or had reason to believe, was a minor, for certain sexual offenses, in violation of Va. Code Ann. § 18.2-374.3(B). Defendant appealed.

Solicitation Richmond Virginia Communication Violation Prohibition Lawyer

Solicitation Richmond Virginia Communication Violation Prohibition Lawyer

Issue:
  • Whether the Commonwealth was permitted to prohibit the solicitation of a crime without violating the First Amendment?
Discussions:

Defendant allegedly communicated with two girls, who were 16-years-old or less, through use of a simultaneous text message program via computer. One of the girls contacted police, who had a detective pretend to be the second girl when communicating by computer with the defendant. After several suggestions by way of computer, defendant used the computer to arrange a meeting between him and the two girls at a hotel. Police met defendant at the hotel at the time the meeting was supposed to occur. Defendant was charged with using a communications system to solicit a person he knew, or had reason to believe, was a minor, for certain sexual offenses in violation of Va. Code Ann. § 18.2-374.3(B). After he was convicted of that charge, he questioned whether that statute was facially overbroad based on his contention that the statute prohibited free speech in violation of the First Amendment to the United States Constitution. The appellate court found that Va. Code Ann. § 18.2-374.3(B) did not prohibit speech protected by the First Amendment. It so concluded because it found the Commonwealth was permitted to prohibit the solicitation of a crime without violating the First Amendment.

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.

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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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