In Virginia, VA Code 18.2-103 addresses the crime of solicitation of a minor for illegal activities, particularly for purposes of engaging in sexual acts. This statute is designed to protect minors from exploitation and abuse, particularly in cases where an adult attempts to lure or coerce a minor into unlawful situations.

What Does VA Code 18.2-103 Prohibit?

VA Code 18.2-103 specifically criminalizes the act of attempting to persuade, induce, or encourage a minor (someone under 18 years old) to engage in unlawful sexual activities. This law applies to various forms of communication, including in-person interactions, phone calls, emails, texts, and online messaging. It doesn't matter whether or not the minor agrees to the proposal, the mere act of soliciting is illegal under this code.

For example, if an adult communicates with a minor over the internet with the intent of meeting up for sexual purposes, they can be charged under VA Code 18.2-103, even if the meeting never happens or the minor refuses.

What Are the Penalties Under VA Code 18.2-103?

The penalties for violating VA Code 18.2-103 are severe. Solicitation of a minor under this law is classified as a Class 5 felony in Virginia. The consequences for a conviction include:

• Imprisonment: A Class 5 felony conviction can result in 1 to 10 years in prison.
• Fines: Fines of up to $2,500 may also be imposed.
• Sex Offender Registration: Those convicted under this statute must register as sex offenders, which can lead to a significant impact on personal, professional, and social aspects of life.

Given the serious nature of this crime, the law treats it with utmost importance to protect children and prevent sexual exploitation.

Are There Defenses to Charges Under VA Code 18.2-103?

If you are facing charges under VA Code 18.2-103, there are potential defenses, although they can be difficult to prove. Some of the common defenses include:

• Lack of intent: Arguing that there was no intention to solicit the minor for unlawful activities.
• False identity: Claiming that the person communicating with the minor believed they were interacting with an adult, not a minor.

Given the complexity of these cases, anyone facing such charges should seek experienced legal counsel to explore all potential defense options.

Conclusion

VA Code 18.2-103 is a critical law aimed at protecting minors from sexual exploitation in Virginia. If you are facing accusations under this statute, it is crucial to understand the serious consequences and consult with a skilled attorney to navigate the legal process.