Virginia Solicitation of a Minor Defense
Defendants convicted under Va. Code § 18.2-374.3(C) may seek sentencing relief under Va. Code § 19.2-303.6 when autism or another qualifying disorder substantially contributed to the offense. Proper preservation of sentencing issues is critical, as unpreserved claims are waived on appeal.
In Anthony v. Commonwealth, No. 1658-22-2 (Va. Ct. App. Sept. 26, 2023), the defendant pled guilty to soliciting a 13-year-old under Va. Code § 18.2-374.3(C). At sentencing he requested a deferred disposition under the autism statute. The trial court orally found he qualified but was not an appropriate candidate; the final order stated the statute “is not applicable.”
The Virginia Court of Appeals affirmed because counsel failed to object specifically to the final order’s language, rendering the claim unpreserved under Rule 5A:18. This case serves as a cautionary example in Virginia computer solicitation of a minor sentencing hearings involving neurodiversity.
If you face Virginia computer solicitation of a minor charges and have a qualifying disorder, our firm can ensure all sentencing options are properly preserved and presented.