Navigating the Perils of a Criminal Solicitation of a Minor Charge in Virginia

Key Takeaways

As a senior attorney who has dedicated over two decades to defending individuals in the Virginia criminal justice system, I have witnessed firsthand the devastating impact of certain accusations. Among the most serious and complex are charges related to the criminal solicitation of a minor. These are not mere allegations; they are legal landmines that can obliterate a person’s reputation, career, family life, and freedom. The advent of the internet and ubiquitous communication technology has created a new frontier for these charges, often ensnaring individuals who never anticipated finding themselves in the crosshairs of a criminal investigation.

Understanding these charges requires more than a simple definition. It demands a deep appreciation of the legal statutes, the methods of law enforcement, and the profound, life-altering consequences a conviction carries in the Commonwealth of Virginia. The purpose of this article is to provide a comprehensive, authoritative overview of this challenging area of law, drawn from years of direct experience in Virginia’s courtrooms.

The Grave Consequences and Stakes of a Conviction

The penalties for a criminal solicitation conviction in Virginia are exceptionally severe and designed to be punitive. A conviction is a felony that almost invariably leads to significant prison time, often with mandatory minimum sentences, and mandates lifetime registration on the sex offender registry, fundamentally altering one’s civil liberties and future opportunities.

When discussing solicitation charges in Virginia, it is impossible to overstate the gravity of the situation. The Virginia General Assembly has enacted stringent laws to address this issue, primarily codified in the Code of Virginia. The central statute is § 18.2-374.3, titled “Use of communications systems to facilitate certain offenses involving children.” This law makes it a felony to use any communication system—which includes everything from computers and cell phones to the U.S. mail—to solicit, entice, or persuade someone you know or have reason to believe is a minor to engage in a range of prohibited sexual acts.

The penalties are tiered based on the age of the minor and the defendant. If the defendant is at least seven years older than the child, and the child is under the age of 15 (or the defendant has reason to believe they are), a conviction carries a mandatory minimum sentence of five years in prison and can range up to 30 years. For soliciting a minor between the ages of 15 and 18, the offense is still a felony, punishable by up to 10 years in prison. It’s crucial to understand what “mandatory minimum” means in practice: a judge has no discretion to sentence below this statutory floor, regardless of mitigating circumstances. This means five years is the starting point, not a theoretical maximum.

Beyond incarceration, the collateral consequences are catastrophic. A conviction under this statute requires registration on Virginia’s Sex Offender and Crimes Against Minors Registry. This is often a lifetime requirement. Being on this registry imposes severe restrictions on where a person can live, work, or even visit. It creates a public record that can be accessed by neighbors, employers, and anyone with an internet connection, leading to social ostracism and immense difficulty in rebuilding a life after serving a sentence. The stigma is permanent and profound, affecting not just the convicted individual but their entire family.

The Legal Process: From Investigation to Trial

The legal process for a solicitation charge typically begins with a covert online investigation by a specialized law enforcement unit, like the Virginia ICAC Task Force. The case then proceeds from arrest and arraignment in District Court to a potential indictment by a grand jury and a full felony trial in Circuit Court, where guilt or innocence is ultimately determined.

Most individuals charged with criminal solicitation of a minor are shocked when they are arrested. This is because the process almost always begins with a clandestine investigation. In Virginia, these cases are often the work of highly trained law enforcement bodies, most notably the Virginia Internet Crimes Against Children (ICAC) Task Force, which operates in conjunction with local and state police departments. These agencies conduct undercover “sting” operations where officers pose as minors in online chat rooms, on social media platforms, or on dating apps.

Once an officer, posing as a teen, engages a target in conversation, their goal is to elicit statements that meet the statutory definition of solicitation. This digital conversation is the primary evidence. After investigators believe they have sufficient evidence, they will secure an arrest warrant and, often, a search warrant for the suspect’s home, computers, and electronic devices.

Following an arrest, the accused is brought before a magistrate for an initial bond hearing. The first formal court appearance is an arraignment, which typically occurs in the General District Court or the Juvenile and Domestic Relations District Court, depending on the specifics of the case. At the arraignment, the charges are formally read, and the issue of legal representation is addressed.

Because solicitation of a minor is a felony, the next step is a preliminary hearing in the District Court. Here, a judge hears evidence from the prosecutor to determine if there is “probable cause” to believe a crime was committed and that the defendant committed it. If the judge finds probable cause, the case is certified to the grand jury. A grand jury is a panel of citizens that reviews the evidence in secret and decides whether to issue a formal indictment. An indictment moves the case to the Circuit Court, which is the court with the authority to conduct felony trials in Virginia.

It is in the Circuit Court that all pre-trial motions are argued, discovery is exchanged, and a trial by either judge or jury takes place. This entire process, from arrest to a potential trial, is adversarial and governed by complex procedural rules. Navigating it without seasoned legal counsel is an impossibility.

The SRIS Digital Defense & Evidence Preservation Log Tool

In the face of a solicitation charge, the digital evidence is the entire battlefield. What you said, what the other party said, how it was said, and the context surrounding the conversation are paramount. The SRIS Digital Defense & Evidence Preservation Log is a structured guide designed to help you and your legal team systematically gather and organize the critical information necessary to build a defense. Immediate and thorough preservation of this data is the single most important initial step you can take.

Step 1: Immediate Cessation of Communication & Account Preservation

1. DO NOT DELETE ANYTHING: Do not delete the account, the app, the chat history, or any messages. Deleting evidence can be interpreted as consciousness of guilt and can be a separate crime (obstruction of justice).
2. Disable, But Do Not Delete: If possible, disable the account to prevent further communication, but ensure the profile and all historical data remain intact.
3. Record Login Information: Securely write down the username, password, email address associated with the account, and any phone number used for two-factor authentication. Provide this ONLY to your attorney.

Step 2: Log All Communication Details

Create a secure document (to be shared only with your attorney) and log the following for every interaction:

• Platform Name: (e.g., Facebook Messenger, Kik, Snapchat, a specific dating app).
• Other Party’s Username/Handle: Write it exactly as it appeared.
• Other Party’s Stated Age: Did they ever mention an age? If so, what was it? Quote it if possible.
• Date and Time of First Contact: Who initiated the conversation?
• Timeline of Key Conversations: Note the dates and approximate times of significant exchanges.
• Screen Captures: If possible before your devices are seized, take clear, full-screen captures of the entire conversation from beginning to end. Also, capture the other person’s profile page, including any photos, bio information, or stated age. DO NOT CROP these images.

Step 3: Document the Context of the Interaction

The prosecution will present a narrow, incriminating view of the conversation. Your recollection of the full context is vital.

• Initial Premise: Why did you start talking to this person? Was it in a forum for adults? What was the topic of the group or forum where you met?
• Misleading Information: Did the other person post photos that appeared to be of an adult? Did their profile bio suggest they were over 18? Did their language or topics of conversation seem mature?
• Pressure or Inducement: Did the other party persistently steer the conversation toward sexual topics? Did they send unsolicited images first? Did you feel pressured or led on? Document specific phrases or tactics used.
• Your State of Mind: Write down your understanding of who you believed you were talking to and why. What was your intent?

Step 4: Inventory of All Electronic Devices

Law enforcement will likely seize your electronic devices. Create an inventory for your attorney.

• Device Type: (e.g., iPhone 14 Pro, Dell Laptop, Samsung Tablet).
• Serial Number: If you have it.
• Primary Use: (e.g., Personal use, work computer).
• Password/PIN: Provide this information ONLY to your attorney. Do not consent to a search or provide passwords to law enforcement without counsel present.

This log is an internal tool to facilitate confidential communication with your legal counsel. It is designed to prepare you for the questions your attorney will ask and to ensure no critical detail is lost.

Strategic Approaches and Potential Defenses

A successful defense against solicitation charges requires a meticulous examination of the evidence and the police procedure. Key strategies often focus on challenging the element of intent, proving the defendant had no reason to believe the person was a minor, or asserting the defense of entrapment if law enforcement induced the crime.

Crafting a defense in a criminal solicitation case is a highly technical and fact-specific endeavor. It’s not about creating a story; it’s about deconstructing the prosecution’s case element by element. Based on my years of experience, several key strategic avenues often prove fruitful.

Challenging the “Reason to Believe” Element

The prosecution must prove beyond a reasonable doubt that the accused “knew or had reason to believe” the person they were communicating with was a minor. This is a crucial battleground. In many sting operations, the undercover officer may be vague about their age or even present themselves in a way that suggests they are an adult. We meticulously analyze the entire chat log, the profile used by the undercover officer, the platform where the communication occurred, and the language used. If the officer’s persona was ambiguous or if they posted adult-looking photos, we can argue that there was no “reason to believe” they were a minor. The standard isn’t what the officer knew; it’s what a reasonable person in the defendant’s position would have believed based on the information provided.

The Entrapment Defense

Entrapment is a challenging but powerful defense. Under Virginia law, entrapment occurs when (1) the idea for the crime originated with the police, not the defendant, and (2) the police used undue persuasion or inducement to encourage the defendant to commit a crime they were not otherwise predisposed to commit. This defense is not simply about an officer providing an opportunity. It requires showing that the officer overcame the defendant’s reluctance. For example, if the defendant repeatedly tried to change the subject away from sexual topics, but the undercover officer persistently and aggressively steered it back, this could form the basis of an entrapment claim. We look for evidence that our client was not seeking out minors and would not have engaged in the prohibited conduct but for the officer’s manipulative tactics.

Lack of Intent (Lascivious Intent)

The statute requires proof of “lascivious intent,” meaning the communication was done for the purpose of sexual gratification. Sometimes, conversations can be misinterpreted. Jokes, off-color remarks, or discussions taken out of context can be twisted by the prosecution to appear sinister. A thorough analysis of the full conversation may reveal that the intent was not sexual in nature, or that the allegedly incriminating statements were part of a broader, non-sexual dialogue. This defense requires a careful presentation of the context to counter the prosecution’s narrow and prejudicial interpretation.

Forensic and Technical Defenses

In some cases, technical issues can create a defense. Was the defendant actually the person using the computer at the time? Could another person have accessed their device or account? While less common, it is essential to explore the digital chain of custody. Furthermore, a forensic analysis of the defendant’s devices may show a complete lack of any other interest in minors, which can be used to argue against predisposition in an entrapment defense.

Common Mistakes to Avoid When Facing Solicitation Charges

Navigating an accusation of criminal solicitation is treacherous. Certain missteps can be irreversible and severely damage your ability to mount a defense. Here are the most critical mistakes to avoid:

• Talking to the Police Without an Attorney: This is the most damaging mistake. Investigators are trained to elicit incriminating statements. They may suggest that “clearing things up” will make it all go away. This is a tactic. Anything you say can and will be used against you. Politely decline to answer any questions, state that you wish to remain silent, and that you want an attorney.
• Deleting Evidence: The impulse to delete chat logs, social media accounts, or Browse history is understandable, but it is a catastrophic error. It does not make the evidence disappear (forensic experts can often recover it), and it can lead to additional felony charges for obstruction of justice. It signals a “consciousness of guilt” to a prosecutor and jury.
• Consenting to a Search: Police may ask for your consent to search your phone, computer, or home. You are not required to give it. If they have a warrant, you cannot stop them, but do not volunteer consent. Requiring them to get a warrant forces them to justify the search to a judge and preserves your ability to challenge the search’s legality later.
• Believing the Undercover Officer Was a Real Minor: After being arrested, some individuals continue to believe they were talking to a real child. It’s crucial to understand that in the vast majority of these cases, the “minor” was a law enforcement officer from the start. The entire interaction was an artificial construct designed to secure an arrest.
• Waiting to Hire an Experienced Attorney: Time is not on your side. The prosecution is building its case from the moment the investigation begins. The sooner you retain a knowledgeable criminal defense attorney, the sooner they can begin preserving evidence, communicating with law enforcement on your behalf, and identifying weaknesses in the state’s case. Early intervention can sometimes prevent charges from being filed or position the case for a better outcome.

Glossary of Key Legal Terms

• Solicitation: In this context, the act of urging, enticing, or asking someone to commit a prohibited act, specifically a sexual act.
• Mandatory Minimum Sentence: A minimum period of incarceration required by statute that a judge cannot go below upon conviction for a specific crime.
• ICAC Task Force: Internet Crimes Against Children Task Force. A network of law enforcement agencies dedicated to investigating and prosecuting technology-facilitated child sexual exploitation.
• Preliminary Hearing: A court proceeding in District Court where a judge determines if the prosecution has enough evidence (probable cause) to move a felony case forward to a grand jury.
• Grand Jury: A panel of citizens that hears preliminary evidence and decides whether to issue an indictment, formally charging a person with a felony.
• Circuit Court: The trial court in Virginia with jurisdiction to hear felony cases and conduct jury trials.
• Entrapment: A legal defense asserting that law enforcement induced a person to commit a crime that they were not otherwise predisposed to commit.

Common Scenarios & Questions

Scenario 1: The Dating App Sting

“I was on a standard dating app and matched with a profile that had pictures of an attractive person and a bio that said ‘just turned 18, seeing what’s out there.’ The conversation got flirty, and we exchanged some suggestive messages. Now I’m being investigated. What happened?”

This is a classic sting operation scenario. The profile was likely fake, created and operated by an undercover officer. The phrase “just turned 18” is often a red herring; in the chat, the officer likely claimed to be 16 or 17 to trigger the statute. The entire conversation was a scripted effort to get you to make statements that could be construed as soliciting a minor for a sexual act. Your belief that the person was 18 is a central part of your defense, but the prosecution will argue that their later statements in the chat gave you “reason to believe” they were younger. Every word of that chat log is now critical evidence.

Scenario 2: The Vague Chat Room Encounter

“I was in an online gaming chat room, and another user started a private message with me. We talked about the game, then life in general. They started sending revealing photos and asking for them in return. I was uncomfortable and eventually blocked them. A month later, police came to my door.”

This scenario highlights the danger of online interactions with unknown individuals. Even if you ultimately rejected the advances and blocked the user, the preceding conversation could contain language that investigators believe amounts to solicitation. The other user could have been an officer from the beginning, or a real minor whose parents discovered the chat and reported it. The key will be to demonstrate that you did not initiate the sexual nature of the conversation and, in fact, took steps to end it. Your act of blocking the user could be important evidence demonstrating your lack of lascivious intent.

Scenario 3: The False Accusation

“My ex-partner and I are in a bitter custody dispute. They have now falsely accused me of sending inappropriate messages to their teenage cousin to try and gain leverage in court. I never did this. How do I fight this?”

False accusations, particularly in the context of contentious domestic relations cases, are a tragic reality. The defense here shifts to proving a negative and attacking the credibility of the accusers. This requires an immediate forensic preservation of your devices to show no such conversations exist. It may also involve subpoenas for the accusers’ phone records and social media data to uncover evidence of a motive to lie or a conspiracy to fabricate evidence. The focus is on demonstrating that the allegation is baseless and motivated by malice.

Frequently Asked Questions (FAQ)

• What is the main law in Virginia for online solicitation of a minor?

  The primary statute is Virginia Code § 18.2-374.3, “Use of communications systems to facilitate certain offenses involving children.”

• Is criminal solicitation of a minor always a felony in Virginia?

  Yes, it is always classified as a felony, with the specific class of felony and the potential sentence depending on the age of the minor and other factors.

• Do I have to register as a sex offender if convicted of solicitation charges?

  Yes, a conviction under § 18.2-374.3 carries a mandatory requirement to register on the Virginia Sex Offender Registry, often for life.

• What if the “minor” lied about their age and said they were 18?

  This is a critical fact for your defense. The prosecution must prove you knew or had “reason to believe” the person was a minor. If they consistently presented as an adult, it can be a powerful defense. However, police are trained to try and get suspects to acknowledge a younger age during the chat.

• Can I be charged if I never met the person and no physical contact occurred?

  Absolutely. The crime is the solicitation itself—the communication with the intent to arrange a prohibited act. No meeting or physical contact is required for a person to be charged and convicted.

• What is the difference between General District Court and Circuit Court in these cases?

  The General District Court handles the initial phases, including the arraignment and preliminary hearing. The Circuit Court is where the actual felony trial by a judge or jury takes place.

• What should I do if police contact me about an investigation?

  Politely state that you are exercising your right to remain silent and that you will not answer any questions without your attorney present. Then, contact a seasoned criminal defense attorney immediately.

• Will my computer and phone be taken?

  It is highly likely. Law enforcement will almost certainly execute a search warrant to seize all electronic devices they believe may contain evidence related to the charge.

• How does an entrapment defense work in a sting operation?

  Entrapment argues that you were not predisposed to commit the crime and were induced to do so by the persistent and undue persuasion of law enforcement. It focuses on the officer’s conduct and your reluctance.

• Is it possible to get a solicitation charge reduced or dismissed?

  Yes, it is possible. A knowledgeable attorney can challenge the evidence, file motions to suppress illegally obtained statements or data, negotiate with the prosecutor, or win an acquittal at trial. The outcome depends entirely on the specific facts of your case and the quality of your legal strategy.

• What if the person I was talking to was another minor?

  The law still applies, but the specific circumstances, including your own age, would be highly relevant to how the case is charged and handled by the prosecutor and the courts.

• Can a conviction affect my immigration status?

  Yes, a conviction for a crime like this is considered a crime involving moral turpitude and can have severe immigration consequences, including deportation, even for lawful permanent residents.

• How long do these cases typically take to resolve?

  Felony cases are complex and can take many months, or even over a year, to proceed through the legal system from arrest to a final resolution or trial.

• What is “probable cause”?

  Probable cause is the legal standard required for an arrest or a case to be certified to a grand jury. It means there are sufficient facts to make a reasonable person believe that a crime was committed and that the suspect committed it. It is a much lower standard of proof than “beyond a reasonable doubt,” which is required for a conviction.

• Why is hiring a local Virginia attorney so important?

  Criminal law is highly jurisdiction-specific. An experienced Virginia attorney will have intimate knowledge of the state statutes, the local courts, the prosecutors, and the specific tactics used by Virginia law enforcement agencies like the ICAC Task Force.

The accusation of criminal solicitation of a minor is one of the most formidable challenges a person can face in the legal system. The stakes are absolute, and the path forward is fraught with peril. It is a fight not just for your freedom, but for your future, your reputation, and your life as you know it. This is not a battle to be fought alone.

If you or someone you know is facing an investigation or charges for solicitation in Virginia, the most critical step is to secure immediate, knowledgeable legal counsel. At the Law Offices Of SRIS, P.C., we bring a seasoned, authoritative approach to defending our clients. We understand the nuances of Virginia’s laws and the tactics of the prosecution. For a confidential case assessment, contact us at 888-437-7747.

Disclaimer: The information contained in this article is for general informational purposes only and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.