Online Solicitation of Minors

Virginia Code §18.2-374.3 – Unlawful Use of Communications Systems Involving Minors

In the digital age, criminal charges involving electronic communication are increasingly common—and among the most serious are those involving the solicitation of a minor. Under Virginia law, using the internet, phone, or any other electronic system to engage in or propose unlawful sexual acts with a minor is considered a felony. These charges are aggressively prosecuted, often involve mandatory minimum sentences, and can carry life-changing consequences if not handled with the utmost legal skill.

What the Law Says: Use of Communications Systems for Solicitation (§18.2-374.3)

Virginia Code §18.2-374.3 makes it illegal for an individual to use any communications system—including the internet, email, text messages, social media platforms, or even print media or mail—to solicit or promote unlawful sexual conduct involving a minor. The statute outlines a variety of scenarios and penalties based on the age of the child, the age difference between the adult and the minor, and the nature of the act being proposed.

Key Prohibited Conduct Includes:

• Proposing or encouraging sexual acts with a minor.
• Enticing a child to enter a location (e.g., a vehicle, home, or room) for unlawful sexual purposes.
• Using a professional platform, such as a medical or massage practice, as a means to engage in sexual misconduct with a minor.

Age and Intent Matter:

• If the alleged victim is under 15 years old and the adult is seven or more years older, the penalties become much more severe, including mandatory prison sentences.
• If the child is between 15 and 17, the offense is still a Class 5 felony, and a second conviction carries mandatory minimum incarceration.
• Even attempting to make contact with lascivious intent—regardless of whether a meeting took place—can lead to prosecution.

What Are the Penalties?

Depending on the specifics, a conviction under this statute may result in:

• Felony classification (Class 5 or Class 6)
  
• 1 to 40 years in prison, with mandatory minimums in many cases
  
• Sex offender registration under the Sex Offender and Crimes Against Minors Registry
  
• Significant social and professional consequences, including job loss, restricted internet access, and long-term public stigma

Because the statute defines “use of a communications system” very broadly, even indirect or misunderstood communication may lead to arrest. Law enforcement may also use undercover sting operations, which often complicate the facts and intent surrounding the alleged offense.

Attorney Sheryl Shane – Vigorous Defense in Complex Internet and Sex Crime Cases

If you've been charged under this statute (or are under investigation) the road ahead can feel isolating and frightening. These cases are high-stakes and emotionally charged, and require an attorney who is both skilled in criminal law and unafraid to challenge aggressive prosecution tactics.

With over 25 years of legal experience, Attorney Sheryl Shane has represented clients across Northern Virginia facing serious felony charges, including internet solicitation and related offenses. She understands the nuances of digital evidence, how law enforcement conducts sting operations, and what it takes to build a strong defense in a highly technical and emotionally intense environment.

Clients trust Sheryl Shane for her calm, nonjudgmental approach, and her ability to strategize around even the most complex fact patterns. She will work tirelessly to investigate the circumstances, challenge unlawful searches or overbroad charges, and advocate for the best outcome, whether through negotiation or trial.

When your reputation, freedom, and future are on the line, Sheryl Shane delivers experienced, honest, and relentless legal defense.