Is Solicitation of a Minor a Felony in Virginia? Penalties and Legal Defenses Explained

Solicitation of a minor is a serious offense in Virginia, carrying harsh penalties and long-term consequences. If you or someone you know is facing such charges, understanding the law is crucial. This article breaks down what constitutes solicitation of a minor in Virginia, potential punishments, and possible legal defenses.

What is Solicitation of a Minor in Virginia?

Under Virginia law (Code § 18.2-374.3), solicitation of a minor va occurs when an adult (18 or older) uses electronic means (such as texting, social media, or email) to communicate with a minor (under 18) with the intent to engage in sexual activity. Even if no physical contact occurs, the attempt itself is a crime.

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To be charged with solicitation, prosecutors must prove that the defendant:

  • Was at least 18 years old.

  • Communicated with a minor electronically.

  • Had the intent to commit an illegal sexual act with the minor.

What are the Penalties for Soliciting a Minor in Virginia?

The severity of the punishment depends on the nature of the alleged offense and the minor’s age:

  • If the minor is between 15 and 17 years old, solicitation is a Class 5 felony, punishable by 1 to 10 years in prison and a fine of up to $2,500.

  • If the minor is under 15 years old, solicitation is a Class 4 felony, which carries a prison sentence of 2 to 10 years and a fine of up to $100,000.

In addition to these penalties, convicted offenders must register as sex offenders, which can impact employment, housing, and other aspects of life.

Possible Defenses Against Solicitation Charges

If you are facing solicitation charges in Virginia, a strong legal defense is essential. Here are some common defenses:

  1. Lack of Intent – If there is no clear intent to engage in illegal sexual activity, the charge may not hold up in court.

  2. Mistaken Identity – The prosecution must prove the accused was the actual person communicating with the minor.

  3. Entrapment – If law enforcement officers coerced or induced the defendant into committing the crime, an entrapment defense may apply.

  4. Lack of Evidence – If the prosecution lacks concrete evidence of solicitation, the charges may be reduced or dismissed.

Seek Legal Help Immediately

Being accused of soliciting a minor in Virginia is a life-altering event. If you are under investigation or facing charges, it is critical to contact an experienced criminal defense attorney immediately. Legal guidance can make a significant difference in the outcome of your case.

Do you have questions about solicitation laws in Virginia? Contact a lawyer today to protect your rights and future.

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