DEFENSE OF USE OF COMMUNICATIONS SYSTEMS TO FACILITATE CERTAIN OFFENSES INVOLVING CHILDREN IN VIRGINIA

VIRGINIA SEX OFFENSE/CRIME ATTORNEYS

Anyone who has seen “Catch a Predator” would be aware how aggressively this particular sex offense is being prosecuted.  People use different terms for this charge such “online solicitation of a minor for sexual purposes”, “computer solicitation of a minor”, “internet solicitation of minor”, ”sexual socitation of a minor”,etc. Regardless of what people call this charge, Virginia is one of the states that is actively engaging in the prosecution of this crime.  Even towns such as Haymarket, Virginia have an internet sex crimes task force.  There are defenses to this charge if you have been charged.  The first step towards this defense is to NOT MAKE ANY STATEMENTS TO LAW ENFORCEMENT.  Second, even when law enforcement comes to your house and asks you to write an apology letter to the parents of the child, say NOTHING.  Lastly, contact us to assist with your defense against this charge.  We are extremely knowledgeable about these kinds of charges.  When you are faced with a sex offense, it is not something to take lightly.  The Virginia sentencing guidelines are extremely stiff on those who are charged with a sex offense.

VA Code § 18.2-374.3. Use of communications systems to facilitate certain offenses involving children.

A. 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.
B. 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.

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