Fairfax Computer Solicitation of a Minor Defense Attorney
Quick answer: Under Virginia Code § 18.2-374.3, it is a felony for a person 18 or older to use a computer, phone, or any other communications system to solicit, with lascivious intent, a child he or she knows or has reason to believe is under 15. It is a Class 5 felony, and when the accused is at least seven years older than the child, it carries a 5-year mandatory minimum. No real child is required: most of these cases come from undercover officers posing as minors online. Attorney Sheryl Shane has more than 31 years of criminal defense experience. Call (703) 582-8119.
What the Statute Covers
Section 18.2-374.3 reaches almost any way people communicate: in person through an agent, by mail, by phone, by text, over the internet, through apps and social media, or over any computer network. What it prohibits depends on the age the accused believed the other person to be.
A child under 15. It is a felony for a person 18 or older to solicit, with lascivious intent, a person he or she knows or has reason to believe is under 15 to expose themselves, to engage in sexual touching or sexual acts, or to come to a vehicle, room, house, or other place for those purposes.
A child 15 to 17. Soliciting the same conduct from a person the accused knows or has reason to believe is 15 to 17 is a felony when the accused is at least seven years older.
Child pornography and related offenses. Soliciting a person the accused knows or has reason to believe is under 18 to take part in producing sexually explicit material, or in other listed offenses, is a separate felony. Using a communications system to procure or promote the use of a minor for indecent liberties or child pornography is also a felony.
Online exposure. Since 2025, it is a Class 1 misdemeanor for a person 18 or older to use a communications system, with lascivious intent, to expose his or her genitals to a child he or she knows or has reason to know is 15 or older.
Penalties
- Under 15: a Class 5 felony. If the accused is at least seven years older than the child, the penalty is 5 to 30 years with a 5-year mandatory minimum. A second or subsequent offense with the same age gap carries 10 to 40 years with a 10-year mandatory minimum.
- 15 to 17, accused at least seven years older: a Class 5 felony. A second or subsequent offense carries 1 to 20 years with a 1-year mandatory minimum.
- Soliciting a minor for child pornography or other listed offenses: a Class 5 felony.
- Procuring or promoting use of a minor: a Class 6 felony.
A conviction also brings sex offender registration. Virginia’s appellate courts have held that registration is required even when the “child” was an undercover officer.
No Real Child Is Required
Most computer solicitation cases in Northern Virginia never involve a child at all. An officer poses as a 13- or 14-year-old on an app or website, and the charge rests on what the accused believed.
The courts have closed the obvious arguments. The Supreme Court of Virginia has held that soliciting an officer posing as a child is enough, because the statute turns on what the accused knew or had reason to believe, not on who was actually on the other end. The mandatory minimum applies even though the “child” was an adult officer. For more on how these investigations are run, see my guide to police sting operations in internet sex crimes.
Where These Cases Are Defended
What the accused actually believed. The Commonwealth must prove the accused knew or had reason to believe the other person was under 15 (or 15 to 17). That belief is the heart of the case. In one decision, the Court of Appeals held it was error to exclude a forensic psychologist’s testimony that bore on the defendant’s belief about the other person’s age. The age representations, the profile, the platform, and the full conversation all matter. Asking “are you a cop?” does not by itself defeat the reason to believe, and where the actual person was 16, a conviction for the under-15 offense could not stand.
Lascivious intent. The solicitation must be made with lascivious intent. The full context of the messages, not a few lines lifted from them, is where that question is decided.
When and where the offense happened. The offense is not complete until the communication is received, and venue lies where it was received. In cases that cross county or state lines, that can decide which court has the case.
Who was typing. Devices get shared, accounts get borrowed, and screenshots get cropped. Attribution is an element the Commonwealth has to prove, not assume.
Separate charges. The 15-to-17 offense is not a lesser-included offense of the under-15 offense, and the statute does not require any third party to be involved. How the Commonwealth charges these cases affects what outcomes are available.
How These Cases Connect to Other Charges
Computer solicitation charges often come alongside other offenses. The underlying conduct overlaps with indecent liberties under § 18.2-370, and requests for images can lead to child pornography charges under §§ 18.2-374.1 and 18.2-374.1:1. When a search warrant follows the arrest, a phone or computer can produce separate charges of its own.
If your case is in Prince William or Arlington County, see my guide to § 18.2-374.3 charges in Prince William and Arlington.
Frequently Asked Questions
Can I be charged if I was talking to an undercover officer, not a real child?
Yes. Virginia courts have held that soliciting an officer posing as a child is enough, because the statute turns on what the accused knew or had reason to believe. The mandatory minimum and sex offender registration apply the same way.
Is there a mandatory minimum?
Yes, in many cases. For a child under 15, when the accused is at least seven years older, the penalty is 5 to 30 years with a 5-year mandatory minimum, and 10 to 40 years with a 10-year mandatory minimum for a second or subsequent offense.
What if the person said they were an adult, or I didn’t believe their age?
The Commonwealth must prove you knew or had reason to believe the person was a minor in the age range charged. What was said about age, on what platform, and how the conversation unfolded are central to the defense.
Where will my case be heard?
The offense is complete when the communication is received, and venue lies where it was received. That matters in cases that cross county lines within Northern Virginia.
Do I have to register as a sex offender if I am convicted?
Yes. A conviction under § 18.2-374.3 requires sex offender registration, including in cases where the “child” was an undercover officer.
This page is part of a broader cluster: for the full picture, see my sex crimes defense overview.
About the Attorney: Sheryl Shane
Sheryl Shane is a Virginia criminal defense attorney with more than 31 years of criminal defense experience, defending clients throughout Northern Virginia since 2000 in Fairfax, Arlington, Prince William, Loudoun, and Alexandria. A former arbitration judge and Guardian ad Litem, she maintains a deliberately small practice and personally handles every case she takes — from the first consultation through final resolution. Her office is located just minutes from the Fairfax County Courthouse.
This page was written and reviewed by Attorney Sheryl Shane and reflects Virginia law current through the 2026 Special Session I. This is attorney advertising; past results do not guarantee a similar outcome in any future case.
Contact Sheryl Shane
Sheryl Shane
Virginia Criminal Attorney
Office Address
4015 Chain Bridge Road
Fairfax, VA 22030
Phone
(703) 582-8119
Serving clients throughout Fairfax County, Arlington County, Loudoun County, Prince William County, Alexandria, and Northern Virginia.
This page provides general information about Virginia law and is not legal advice for any specific situation. Reading it, or contacting Virginia Criminal Attorney through this website, does not create an attorney-client relationship, and information sent before a formal engagement is established may not be treated as privileged or confidential.