Virginia Solicitation of a Minor Defense
Va. Code § 18.2-374.3(C) prohibits using a communications system to solicit a person believed to be younger than 15 for sexual acts with lascivious intent. Such conduct also violates federal law under 18 U.S.C. § 2422(b) and can implicate child pornography statutes if images are exchanged.
In Commonwealth v. Kilpatrick, 876 S.E.2d 177 (2022), the defendant responded to a Craigslist post by an investigator posing as a 13-year-old girl. Over months he engaged in explicit chats, requested photos, and moved communications to email and text. Convicted on multiple counts under Va. Code § 18.2-374.3(C), he sought to introduce expert testimony claiming he believed the exchanges were fantasy role-play.
The Virginia Supreme Court held that any error in excluding the testimony was harmless. Overwhelming evidence — the defendant’s acknowledgment of the girl’s age, his requests to delete the “text trail,” and his apology letter — proved both belief she was a minor and lascivious intent. This ruling demonstrates how strong circumstantial evidence can overcome evidentiary challenges in Virginia computer solicitation of a minor prosecutions.
If you face Virginia computer solicitation of a minor charges, our firm can provide the aggressive defense needed to challenge the evidence and protect your future.