Virginia Solicitation of a Minor Defense
Federal habeas review of Virginia computer solicitation of a minor convictions is strictly limited by the one-year statute of limitations in 28 U.S.C. § 2244(d). Even when new Fourth Amendment precedent emerges (such as Riley v. California), the pre-existing state of the law does not constitute a state-created “impediment” that tolls the deadline.
In Cross v. Gilmore, 164 F. Supp. 3d 818 (E.D. Va. 2016), the petitioner pled guilty to electronic solicitation of a minor under Va. Code § 18.2-374.3 after a private citizen discovered explicit messages to his 12-year-old step-sister on his cell phone. Police seized and searched the phone incident to arrest. Years later, relying on Riley, he claimed ineffective assistance for counsel’s failure to move to suppress.
The federal district court dismissed the petition as untimely. The court held that the pre-Riley state of the law did not qualify as an “impediment” under § 2244(d)(1)(B); futility is not the same as an impediment. This federal decision illustrates the strict limitations period for collateral attacks on Virginia computer solicitation of a minor convictions and the interplay between state prosecutions and federal online child exploitation laws under 18 U.S.C. § 2422(b).
If you have been convicted of Virginia computer solicitation of a minor and are considering post-conviction relief, our firm can evaluate your options under both state and federal law.