Case StudiesComputer CrimesColbert v. Commonwealth

Computer Crimes Case Study

Colbert v. Commonwealth

📍 Virginia Court of Appeals📅 2012⚖️ Virginia Code § 18.2-374.3

Legal Issue

Whether the defendant's online solicitation of a minor was proven where the 'minor' was actually an undercover officer.

Court Holding

The court affirmed the conviction, finding that Virginia's online solicitation of a minor statute applies even where the 'minor' is actually an undercover officer. The court held that the defendant's intent — not the actual age of the person solicited — is the relevant inquiry.

Defense Takeaway

Online solicitation of a minor cases frequently involve undercover police operations. D.J. Rivera challenges these cases by scrutinizing the conduct of the undercover officer for entrapment, challenging the sufficiency of the evidence of the defendant's intent, and examining the digital communications for context that undermines the prosecution's interpretation.

Relevant Virginia Law

This case involves § 18.2-374.3 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.

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