Virginia Solicitation of a Minor Defense
Va. Code § 18.2-374.3(C) criminalizes the use of any communications system to solicit a child younger than 15 with lascivious intent. Digital evidence from cell phones and messaging apps is frequently central to these prosecutions and must meet strict chain-of-custody requirements. Such cases can also trigger federal child pornography charges under 18 U.S.C. § 2252 when explicit images are transmitted.
In Cribbs v. Commonwealth, No. 0347-23-2 (Va. Ct. App. June 4, 2024), the defendant solicited an undercover officer posing as a 13- or 14-year-old girl over Mocospace, Kik, and text for more than two months. He sent penis photographs, requested explicit images, and discussed sexual acts. Evidence from his seized cell phone was decisive at trial.
The defendant challenged chain of custody and sufficiency. The Virginia Court of Appeals affirmed all convictions, finding the Commonwealth established a sufficient chain through packaging testimony and forensic analysis showing no tampering. Repeated explicit solicitations clearly established lascivious intent. This ruling reinforces the admissibility of properly authenticated digital evidence in Virginia online solicitation of a minor cases.
If you are under investigation for Virginia computer solicitation of a minor, our firm can immediately challenge the admissibility of digital evidence and protect your rights.