Commonwealth v. Murgia (Va. Sup. Ct. 2019)

Va. Code § 18.2-374.3(D) prohibits the use of any communications system to solicit a child aged 15 to 17 with lascivious intent to engage in the sexual acts listed in subsection (C). This state offense frequently overlaps with federal enticement charges under 18 U.S.C. § 2422(b) when the communications cross state lines or involve grooming behavior.

In Commonwealth v. Murgia, 297 Va. 310, 827 S.E.2d 377 (2019), a 40-year-old high-school track coach exchanged text messages with a 16-year-old female student that began with athletic advice and escalated to graphic descriptions of sexual acts, including detailed intercourse. Convicted under Va. Code § 18.2-374.3(D), the defendant argued the messages were mere fantasy.

The Virginia Supreme Court reinstated the conviction, holding that sufficiency is determined by the totality of the communications and the ongoing coach-student relationship. The court ruled that the defendant’s detailed descriptions established lascivious intent to solicit prohibited acts. This precedent is routinely cited in Virginia computer solicitation of a minor cases involving progressive grooming via text or social media and underscores the risk of overlapping federal charges under 18 U.S.C. § 2422(b).