Defending Your Rights in the Virginia Counties of Fairfax and Prince William
In Virginia sex crime cases, detectives and police work together to build their cases. When evidence may be lacking for an arrest, especially in cases involving minors, law enforcement may resort to "sting operations" to target suspects and gather more evidence.
While these undercover operations are legal, they remain controversial, especially when they blur the line between proactive policing and entrapment. If you have been arrested in Northern Virginia following a police sting, Virginia Criminal Defense Attorney Sheryl Shane is here to fight for your rights, your freedom, and your future.
What Are Police Sting Operations Involving Crimes Against Children?
Sting operations involve law enforcement officers, often posing as minors, attempting to catch alleged sex offenders. These operations are particularly common online, where officers may create fake profiles on internet advertising platforms, dating apps, chat rooms, and well-known social media platforms.
In many cases, officers pretend to be minors and use deceptive tactics such as:
- Sharing photos of adults portrayed as minors to help establish a false identity.
- Initiating and escalating sexually explicit conversations.
- Revealing themselves to be a minor during the exchange through text.
- Arranging meetings to trigger an arrest.
Even if no sexual act takes place, simply showing up at the agreed-upon meeting may result in felony sex charges.
Common Charges Resulting from Internet Sex Crime Stings
Sex Crimes Against Children
Engaging in sexual activity with anyone under the legal age of consent, regardless of actual intent, can lead to felony sex charges. For minors under the age of thirteen (13), the law assumes they cannot give consent under any circumstances. A conviction can result in years of imprisonment and a court order to register as a sex offender.
Indecent Liberties with a Minor
Under Virginia Code § 18.2-370, it is a Class 5 felony for an adult to:
- Expose their private areas to a minor under the age of fifteen (15), or encourage the minor to expose themselves in such a manner.
- Propose sexual acts to a child under the age of fifteen (15).
- Entice the child to enter a vehicle, house, room, or other space to commit such acts.
Penalties may include imprisonment for up to ten years, significant fines and court costs, and a court order to register as a sex offender with the state police.
Use of Communication Systems to Facilitate Certain Offenses Involving Children
A. Using a communication system, including computers, computer networks, telecommunications, radio, or any other electronic means, to procure or promote the use of a minor in relation to:
- Indecent liberties under Va. Code § 18.2-370, or
- The production, publication, sale, or financing of child pornography under Va. Code § 18.2-374.1
is unlawful, and a conviction will lead to serious penalties.
B. It is also a crime when an adult uses these systems to solicit, with lascivious intent, a child the adult knows or has reason to believe is under the age of fifteen (15), and:
- Exposes or proposes to expose their genitals, when the two are not married;
- Proposes unlawful fondling;
- Proposes intercourse or other sexual acts;
- Entices, allures, persuades, or invites the minor into a vehicle, house, room, or other place for the purpose of any of the acts named above.
Using the internet or electronic devices to persuade, entice, or invite a child under the age of fifteen to engage in sexual activity is a serious offense. When there is an age difference of seven (7) years or more, a conviction can result in up to 30 years for a first offense. A person convicted of a subsequent offense may be sentenced to up to 40 years in prison. Read more about use of communication systems charges in Prince William and Arlington.
Child Pornography
Sting operations may also target those suspected of trafficking, producing, or possessing child pornography.
What is child pornography? Under Va. Code § 18.2-374.1(A), child pornography is sexually explicit visual material that either (1) uses or has as its subject an identifiable minor, or (2) shows a minor in nudity or sexual conduct where the depiction is obscene. Nudity alone is not enough. Virginia law addresses it in several statutes:
1. Possession of child pornography, Va. Code § 18.2-374.1:1. A first offense is a Class 6 felony, punishable by up to 5 years in prison. A second or subsequent offense is a Class 5 felony, punishable by up to 10 years, and Virginia courts treat each additional image as a subsequent offense, even without a prior conviction.
2. Production, publication, sale, or financing of child pornography, Va. Code § 18.2-374.1. The ages of the accused and the alleged victim at the time of the offense help judges determine punishment. There is a difference between a forty-five-year-old man and a nineteen-year-old young adult.
3. Distribution of child pornography. Many suspects are identified through peer-to-peer networks. You may think you are hidden from sight, but law enforcement is able to secure information through tips and technology. Sending or selling child pornography can result in 5 to 20 years in prison, depending on the specifics of the case.
Is It Fair? The Problem with Internet-Based Stings
While designed to protect children, police sting operations can cross ethical lines, particularly when:
- Law enforcement lures psychologically vulnerable individuals into conversations.
- The government persists after a suspect disengages.
- Police provide unclear or deceptive information about the "victim's" age.
In many cases, the "victim" does not exist. It is an officer pretending to be a minor. Without concrete proof, such as chat logs or recordings clearly stating the minor's age, prosecutors may still attempt to pursue charges based solely on perceived intent.
How Sex Crime Defense Lawyer Sheryl Shane Can Help
Being arrested after a sting operation can feel overwhelming, especially if you did not intend to commit a crime. Virginia Criminal Attorney Sheryl Shane can provide critical support by:
- Gathering and preserving evidence as soon as possible. An arrest is a very stressful time, and people often forget what happened hours and days earlier. It is important to keep the facts straight and review them with Sheryl Shane right away. Every relevant fact matters.
- Acting as your voice so your statements are not twisted and used against you later.
- Advising you of your constitutional rights.
- Showing you how best to assist in your defense.
- Planning for the long haul. These cases can take a year or more to reach a conclusion.
Helping With Bail and Bond
Sheryl Shane will advise you how to handle the initial intake at the police station or magistrate's office. If release is granted with a bond, she will help connect you with a reputable bondsman.
If you are released on your own recognizance, she will explain the current situation and the next steps.
If the magistrate refuses release, once retained she will note her appearance with the court and begin the process for a bond hearing.
Challenging the Charges
Sheryl Shane will research the facts and evidence and work to discredit the prosecution's case. She will prepare to litigate and to negotiate, and she will work to make you more comfortable with the process. She understands the bias and unfairness placed on the accused even before a defense is presented.
With the right legal strategy, it may be possible to get the charges reduced or dismissed entirely.
Contact Sheryl Shane, Criminal Defense Attorney in Northern Virginia
Not all sting operations are handled properly, and not all arrests lead to convictions. If you or a loved one was arrested in connection with an internet sex crime sting, you need a defense attorney who understands how these cases work and how to challenge them. Sheryl Shane defends these cases in Fairfax and Prince William County and across Northern Virginia.
Call Virginia Criminal Attorney today at (703) 582-8119 or contact the office to schedule a confidential consultation.
This blog is provided for informational purposes only and does not constitute legal advice or create an attorney-client relationship. This website is attorney advertising. Do not rely on this information for your specific situation.
Devices seized after a sting? When investigators search phones and computers after an online sting arrest, some cases also lead to possession or distribution charges under § 18.2-374.1:1. If that has happened to you, see Attorney Sheryl Shane's Fairfax child pornography lawyer page.
