Virginia criminal charge
Use of communications systems to facilitate certain offenses involving children in Virginia
Use of communications systems to facilitate certain offenses involving children is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-374.3. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-374.3.
What is the penalty for use of communications systems to facilitate certain offenses involving children in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 5 years (Use of communications system to procure/promote minor for prostitution or child pornography — Using a communications system to procure or promote the use of a minor for activity violating § 18.2-370 or 18.2-374.1.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Use of communications system to procure/promote minor for prostitution or child pornography — Using a communications system to procure or promote the use of a minor for activity violating § 18.2-370 or 18.2-374.1.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 10 years (Solicitation of child under 15 with lascivious intent — Adult uses a communications system to solicit, with lascivious intent, a child known or believed to be younger than 15 to engage in specified sexual acts or exposure, where the offender is not shown to be at least seven years older than the child.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Solicitation of child under 15 with lascivious intent — Adult uses a communications system to solicit, with lascivious intent, a child known or believed to be younger than 15 to engage in specified sexual acts or exposure, where the offender is not shown to be at least seven years older than the child.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 10 years (Solicitation of child at least 15 but younger than 18 with lascivious intent — Person uses a communications system to solicit, with lascivious intent, a child known or believed to be at least 15 but younger than 18 to commit acts listed in subsection C, where the person is at least seven years older than the child.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Solicitation of child at least 15 but younger than 18 with lascivious intent — Person uses a communications system to solicit, with lascivious intent, a child known or believed to be at least 15 but younger than 18 to commit acts listed in subsection C, where the person is at least seven years older than the child.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | up to 12 months (Adult exposing sexual/genital parts to child 15 or older via communications system — Adult 18 or older uses a communications system with lascivious intent to expose sexual or genital parts to a child known or believed to be 15 years of age or older to whom he is not legally married.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Adult exposing sexual/genital parts to child 15 or older via communications system — Adult 18 or older uses a communications system with lascivious intent to expose sexual or genital parts to a child known or believed to be 15 years of age or older to whom he is not legally married.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 10 years (Solicitation of minor for prostitution, sodomy, or use in violation of § 18.2-374.1 or 18.2-374.1:1 — Adult 18 or older uses a communications system to solicit a person known or believed to be a child younger than 18 for activity violating § 18.2-355, 18.2-361, 18.2-374.1, or 18.2-374.1:1.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Solicitation of minor for prostitution, sodomy, or use in violation of § 18.2-374.1 or 18.2-374.1:1 — Adult 18 or older uses a communications system to solicit a person known or believed to be a child younger than 18 for activity violating § 18.2-355, 18.2-361, 18.2-374.1, or 18.2-374.1:1.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is use of communications systems to facilitate certain offenses involving children classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Use of communications system to procure/promote minor for prostitution or child pornography | Class 6 Felony | Using a communications system to procure or promote the use of a minor for activity violating § 18.2-370 or 18.2-374.1. | Va. Code Ann. § 18.2-374.3B |
| Solicitation of child under 15 with lascivious intent | Class 5 Felony | Adult uses a communications system to solicit, with lascivious intent, a child known or believed to be younger than 15 to engage in specified sexual acts or exposure, where the offender is not shown to be at least seven years older than the child. | Va. Code Ann. § 18.2-374.3C |
| Solicitation of child at least 15 but younger than 18 with lascivious intent | Class 5 Felony | Person uses a communications system to solicit, with lascivious intent, a child known or believed to be at least 15 but younger than 18 to commit acts listed in subsection C, where the person is at least seven years older than the child. | Va. Code Ann. § 18.2-374.3D |
| Adult exposing sexual/genital parts to child 15 or older via communications system | Class 1 Misdemeanor | Adult 18 or older uses a communications system with lascivious intent to expose sexual or genital parts to a child known or believed to be 15 years of age or older to whom he is not legally married. | Va. Code Ann. § 18.2-374.3D |
| Solicitation of minor for prostitution, sodomy, or use in violation of § 18.2-374.1 or 18.2-374.1:1 | Class 5 Felony | Adult 18 or older uses a communications system to solicit a person known or believed to be a child younger than 18 for activity violating § 18.2-355, 18.2-361, 18.2-374.1, or 18.2-374.1:1. | Va. Code Ann. § 18.2-374.3E |
Common questions about use of communications systems to facilitate certain offenses involving children in Virginia
Is use of communications systems to facilitate certain offenses involving children a felony or a misdemeanor in Virginia?
It depends on the circumstances: use of communications systems to facilitate certain offenses involving children ranges from a class 1 misdemeanor to a class 5 felony in Virginia under Va. Code Ann. § 18.2-374.3.
Use of communications system to procure/promote minor for prostitution or child pornography: class 6 felony (Va. Code Ann. § 18.2-374.3B) · Solicitation of child under 15 with lascivious intent: class 5 felony (Va. Code Ann. § 18.2-374.3C) · Solicitation of child at least 15 but younger than 18 with lascivious intent: class 5 felony (Va. Code Ann. § 18.2-374.3D) · Adult exposing sexual/genital parts to child 15 or older via communications system: class 1 misdemeanor (Va. Code Ann. § 18.2-374.3D) · Solicitation of minor for prostitution, sodomy, or use in violation of § 18.2-374.1 or 18.2-374.1:1: class 5 felony (Va. Code Ann. § 18.2-374.3E)
What are the penalties for use of communications systems to facilitate certain offenses involving children in Virginia?
Penalties for use of communications systems to facilitate certain offenses involving children in Virginia depend on how it is classified — from a class 1 misdemeanor up to a class 5 felony — with the ranges set by Va. Code Ann. § 18.2-10 and Va. Code Ann. § 18.2-11; the full table of ranges by variant is published on this page.
Which Virginia statute covers use of communications systems to facilitate certain offenses involving children?
Use of communications systems to facilitate certain offenses involving children is governed by Va. Code Ann. § 18.2-374.3 (Use of communications systems to facilitate certain offenses involving children; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.