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Virginia statute

Va. Code Ann. § 18.2-374.3 — Use of communications systems to facilitate certain offenses involving children; penalties

Current through 2026 Regular Session

Part of Article 5: Obscenity and Related Offenses, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-374.3

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-374.3Primary source, current through the 2026 Regular Session
A. As used in this section, "use a communications system" means making personal contact or direct contact through any agent or agency, any print medium, the United States mail, any common carrier or communication common carrier, any electronic communications system, the Internet, or any telecommunications, wire, computer network, or radio communications system. B. It is unlawful for any person to use a communications system, including computers or computer networks or bulletin boards, or any other electronic means for the purposes of procuring or promoting 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 is unlawful for any person 18 years of age or older to use a communications system, including computers or computer networks or bulletin boards, or any other electronic means, for the purposes of soliciting, with lascivious intent, any person he knows or has reason to believe is a child younger than 15 years of age to knowingly and intentionally: 1. Expose his sexual or genital parts to any child to whom he is not legally married or propose that any such child expose his sexual or genital parts to such person; 2. Propose that any such child feel or fondle his own sexual or genital parts or the sexual or genital parts of such person or propose that such person feel or fondle the sexual or genital parts of any such child; 3. Propose to such child the performance of an act of sexual intercourse, anal intercourse, cunnilingus, fellatio, or anilingus or any 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 preceding subdivisions. 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 knows or has reason to believe is less than 15 years of age, the person shall be punished by a term of imprisonment of not less than five years nor more than 30 years in a state correctional facility, five years of which shall be mandatory minimum term of imprisonment. Any person who commits a second or subsequent violation of this subsection when the person is at least seven years older than the child he knows or has reason to believe is less than 15 years of age shall be punished by a term of imprisonment of not less than 10 years nor more than 40 years, 10 years of which shall be a mandatory minimum term of imprisonment. D. Any person who uses a communications system, including computers or computer networks or bulletin boards, or any other electronic means, for the purposes of soliciting, with lascivious intent, any child he knows or has reason to believe is at least 15 years of age but younger than 18 years of age to knowingly and intentionally commit any of the activities listed in subsection C if the person is at least seven years older than the child is guilty of a Class 5 felony. Any person who commits a second or subsequent violation of this subsection shall be punished by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment. D1. Any person 18 years of age or older who uses a communications system, including computers or computer networks or bulletin boards, or any other electronic means, with lascivious intent, to expose his sexual or genital parts to any person he knows or has reason to know is a child to whom he is not legally married and such child is 15 years of age or older is guilty of a Class 1 misdemeanor. E. Any person 18 years of age or older who uses a communications system, including computers or computer networks or bulletin boards, or any other electronic means, for the purposes of soliciting any person he knows or has reason to believe is a child younger than 18 years of age for (i) any activity in violation of § 18.2-355 or 18.2-361 , (ii) any activity in violation of § 18.2-374.1 , or (iii) a violation of § 18.2-374.1:1 is guilty of a Class 5 felony.

Official sources

Legal terms used in this section

Questions this section answers

Is use of communications systems to facilitate certain offenses involving children a felony or a misdemeanor in Virginia?

It depends on the circumstances: use of communications systems to facilitate certain offenses involving children ranges from a class 1 misdemeanor to a class 5 felony in Virginia under Va. Code Ann. § 18.2-374.3.

Use of communications system to procure/promote minor for prostitution or child pornography: class 6 felony (Va. Code Ann. § 18.2-374.3B) · Solicitation of child under 15 with lascivious intent: class 5 felony (Va. Code Ann. § 18.2-374.3C) · Solicitation of child at least 15 but younger than 18 with lascivious intent: class 5 felony (Va. Code Ann. § 18.2-374.3D) · Adult exposing sexual/genital parts to child 15 or older via communications system: class 1 misdemeanor (Va. Code Ann. § 18.2-374.3D) · Solicitation of minor for prostitution, sodomy, or use in violation of § 18.2-374.1 or 18.2-374.1:1: class 5 felony (Va. Code Ann. § 18.2-374.3E)

Which Virginia statute covers use of communications systems to facilitate certain offenses involving children?

Use of communications systems to facilitate certain offenses involving children is governed by Va. Code Ann. § 18.2-374.3 (Use of communications systems to facilitate certain offenses involving children; penalties).

This reference is informational and is not legal advice.