18.2-374.3 - Use of communications systems to facilitate certain offenses involving children. - Virginia Statutes

§ 18.2-374.3. Use of communications systems to facilitate certain offensesinvolving children.

A. As used in subsections C, D, and E "use a communications system" meansmaking personal contact or direct contact through any agent or agency, anyprint medium, the United States mail, any common carrier or communicationcommon carrier, any electronic communications system, the Internet, or anytelecommunications, wire, computer network, or radio communications system.

B. It shall be unlawful for any person to use a communications system,including but not limited to computers or computer networks or bulletinboards, or any other electronic means for the purposes of procuring orpromoting the use of a minor for any activity in violation of § 18.2-370 or §18.2-374.1. A violation of this subsection is a Class 6 felony.

C. It shall be unlawful for any person 18 years of age or older to use acommunications system, including but not limited to computers or computernetworks or bulletin boards, or any other electronic means, for the purposesof soliciting, with lascivious intent, any person he knows or has reason tobelieve is a child less than 15 years of age to knowingly and intentionally:

1. Expose his sexual or genital parts to any child to whom he is not legallymarried or propose that any such child expose his sexual or genital parts tosuch person;

2. Propose that any such child feel or fondle the sexual or genital parts ofsuch person or propose that such person feel or fondle the sexual or genitalparts of any such child;

3. Propose to such child the performance of an act of sexual intercourse orany act constituting an offense under § 18.2-361; or

4. Entice, allure, persuade, or invite any such child to enter any vehicle,room, house, or other place, for any purposes set forth in the precedingsubdivisions.

Any person who violates this subsection is guilty of a Class 5 felony.However, if the person is at least seven years older than the child he knowsor has reason to believe is less than 15 years of age, the person shall bepunished by a term of imprisonment of not less than five years nor more than30 years in a state correctional facility, five years of which shall bemandatory minimum term of imprisonment. Any person who commits a second orsubsequent violation of this subsection when the person is at least sevenyears older than the child he knows or has reason to believe is less than 15years of age shall be punished by a term of imprisonment of not less than 10years nor more than 40 years, 10 years of which shall be a mandatory minimumterm of imprisonment.

D. Any person who uses a communications system, including but not limited tocomputers or computer networks or bulletin boards, or any other electronicmeans, for the purposes of soliciting, with lascivious intent, any child heknows or has reason to believe is at least 15 years of age but less than 18years of age to knowingly and intentionally commit any of the activitieslisted in subsection C if the person is at least seven years older than thechild is guilty of a Class 5 felony. Any person who commits a second orsubsequent violation of this subsection shall be punished by a term ofimprisonment of not less than one nor more than 20 years, one year of whichshall be a mandatory minimum term of imprisonment.

E. Any person 18 years of age or older who uses a communications system,including but not limited to computers or computer networks or bulletinboards, or any other electronic means, for the purposes of soliciting anyperson he knows or has reason to believe is a child less than 18 years of agefor (i) any activity in violation of § 18.2-355 or 18.2-361, (ii) anyactivity in violation of § 18.2-374.1, or (iii) a violation of § 18.2-374.1:1is guilty of a Class 5 felony.

(1992, c. 699; 1999, c. 659; 2003, cc. 935, 938; 2004, cc. 414, 444, 459,864; 2007, cc. 759, 823.)