Virginia Computer Solicitation (Va. Code § 18.2‑374.3(C)): Elements, Penalties, and Defenses
I. What Is Computer Solicitation in Virginia?
“Computer solicitation” is a common shorthand Virginia lawyers use to describe several crimes defined in Virginia Code § 18.2‑374.3, which is titled “Use of communications systems to facilitate certain offenses involving children.”[1] This statute makes it unlawful to use a communications system (including computers, smartphones, or other means) to solicit, entice, or facilitate certain sexual offenses involving minors.
Virginia Code § 18.2‑374.3 includes several distinct crimes, often described in charging language, or court databases as:
1. Virginia Code § 18.2‑374.3(B) – Use of communications system to procure or promote obscene material involving a minor
2. Virginia Code § 18.2‑374.3(C) – Use of communications system to propose a sex act to a child younger than 15
3. Virginia Code § 18.2‑374.3(C) – Same, where the offender is at least seven years older than the child
4. Virginia Code § 18.2‑374.3(C) – Same, second or subsequent offense with the 7‑year age differential
5. Virginia Code § 18.2‑374.3(D) – Use of communications system to propose a sex act to a child age 15–17, with specified age‑differential and other conditions
6. Virginia Code § 18.2‑374.3(D) – Same, second or subsequent offense
7. Other related offenses within § 18.2‑374.3 involving exposing genitals or procuring minors for prostitution or pornography via a communications system
This article focuses on the crimes listed in Virginia Code § 18.2‑374.3(C), which criminalize an adult using a communications system to solicit a child younger than 15 years old.
II. Elements of a Virginia Code § 18.2‑374.3(C) Violation
All crimes have specific elements the prosecution must prove beyond a reasonable doubt. A violation of Virginia Code § 18.2‑374.3(C) has the following elements as reflected in Virginia Model Jury Instruction No. 29.450.[2]
The Commonwealth must prove beyond a reasonable doubt that:
1. The defendant used a computer, computer network, or other communications system or electronic means for the purpose of soliciting, with lascivious intent, a child (or an undercover law‑enforcement officer posing as a child) to engage in one or more of the following:
o To expose his or her sexual or genital parts to any child to whom the person is not legally married, or to propose that any such child expose his or her sexual or genital parts to that person.
o To propose that any such child feel or fondle his or her own sexual or genital parts or the sexual or genital parts of the person, or to propose that the person feel or fondle the sexual or genital parts of any such child.
o To propose to such child the performance of an act of sexual intercourse, anal intercourse, cunnilingus, fellatio, anilingus, or any act constituting an offense under § 18.2‑361.
o To entice, allure, persuade, or invite any such child to enter any vehicle, room, house, or other place for any of the purposes listed above.
2. The defendant was 18 years of age or older at the time.
3. The defendant knew, or had reason to believe, that the child was younger than 15 years of age at the time of the communication.[2][3]
Additional elements apply in certain circumstances, including:
· Whether the accused is seven or more years older than the child (or the age portrayed by the undercover detective).[1]
· Whether the accused has a previous conviction for an offense under § 18.2‑374.3.[1]
Simply put, if you are over the age of 18 and you use a phone, computer, or other electronic communication to “sext,” request sexual photos, arrange a sexual meeting, or otherwise propose sexual activity with someone you have reason to believe is under 15, you may be committing a felony sex offense in Virginia—even if the child is actually an undercover detective.[3][4][5]
III. Undercover Detectives Posing as Minors
Virginia courts have repeatedly upheld the use of undercover law‑enforcement officers posing online as minors. The child portrayed by the detective may be a real person whose identity is shielded, or an entirely fictitious persona created for investigative purposes.[3][4][5]
In Stoltz v. Commonwealth, the defendant posted a Craigslist ad seeking a sexual encounter, and a Fairfax County detective responded while assuming the undercover pseudonym “Annie,” a fictitious 13-year-old girl. Both the Virginia Court of Appeals and the Virginia Supreme Court upheld his conviction under § 18.2‑374.3(C), rejecting his argument that the statute was unconstitutional as applied because he believed he was talking to an adult and no real child was involved.[3] [4]
The Court of Appeals explained that § 18.2‑374.3 does not restrict constitutionally protected adult‑to‑adult communication; instead, it criminalizes the non‑protected solicitation of minors for illegal sexual activity. [4] The Court emphasized that there is no First Amendment right to persuade minors to engage in illegal sex acts, and that § 18.2‑374.3 is aimed at speech used “with the intent to persuade, induce, entice or coerce a minor into illegal sexual activity.”[4]
The Hix v. Commonwealth, the Virginia Supreme Court upheld a conviction for attempted indecent liberties and an older version of Virginia Code § 18.2-374.3. The Virginia Supreme Courtregarding the impossibility of attempted indecent liberties, provided valuable commentary regarding the “impossibility” defense. [5] Specifically, it stated,
"The Court of Appeals correctly determined that a police officer posing as a child in an internet chat room is only an impediment to the commission of the crime, an extraneous fact outside of the knowledge and control of the defendant. The nonexistence of a "real child" does not make the crime of attempted indecent liberties inherently or legally impossible, but only factually impossible. Thus, the fact that Hix and the defendant in Bloom were communicating with adult law enforcement officers is not a defense to the attempted crime." [5]
With that, law enforcement is empowered to pose as a fictitious minor during investigations for computer solicitation. [3][4][5]
IV. You Do Not Need to “Actually Know” the Child Is Under 15 to be Convicted
Virginia Code § 18.2‑374.3(C) does not require proof that the defendant actually knew the child was underage. Instead, the statute requires that the defendant “knew or had reason to believe” that the person was younger than 15 at the time of the communication.[2][3][4]
In Stoltz v. Commonwealth, the Supreme Court of Virginia held that Stoltz had reason to believe “Annie” was younger than 15 based on, among other evidence, her statements that she was “only 13,” was out of school, was home alone because her parents were out of town, and she had never been left alone before.[3] The Court noted that while these facts did not prove Stoltz “actually knew” she was 13, they “they amply demonstrate[d] that he had reason to believe that she was” underage. It found, “At the moment that Stoltz obtained such reason to believe, his use of the Internet for the purpose of solicitation became a crime.” [3] that his conduct became criminal once he obtained that reason to believe and continued the solicitation.[3]
Practically speaking, this means that even if you claim you believed the alleged child was an adult, you can still be convicted under § 18.2‑374.3(C) if the surrounding facts would give a reasonable person cause to believe the other party was younger than 15. [2][3][4]
V. Penalties for Computer Solicitation of a Child Under 15 in Virginia
For conduct charged under Virginia Code § 18.2‑374.3(C) involving a child younger than 15, the penalties depend on the age difference and prior convictions.[1][6]
· First offense, defendant over 18 and within 7 years of the minor
o Classification: Class 5 felony. [1][6]
o Punishment range: 1 to 10 years in prison; or, in the court's discretion, up to 12 months in jail and/or a fine up to $2,500. [1][6][7]
o Sex offender status: Registration as a Tier II sex offender. [8][9]
· First offense, defendant over 18 and at least seven years older than the minor
o Classification: Unclassified Felony.[1]
o Punishment range: 5 to 30 years in prison. [1][6]
o Mandatory minimum: 5 years' active incarceration. [1][6]
o Sex offender status: Registration as a Tier II sex offender. [8][9]
· Second or subsequent offense, defendant over 18 and at least seven years older than the minor
o Classification: Unclassified Felony.[1]
o Punishment range: 10 to 40 years in prison. [1][6]
o Mandatory minimum: 10 years' active incarceration. [1][6]
o Sex offender status: Registration as a Tier II sex offender.[8][9]
Other subsections of § 18.2‑374.3, including those involving older minors (ages 15–17), have their own penalty ranges and may also include mandatory minimum sentences for second or subsequent convictions.[2][6]
VI. Sex Offender Registration Requirements
Convictions under Virginia Code § 18.2‑374.3(C) require registration on Virginia's Sex Offender and Crimes Against Minors Registry. Under Chapter 9.1 of the Virginia Code. A conviction under § 18.2‑374.3(C) is classified as a Tier II offense, which generally carries a 25‑year registration requirement at which point a registrant may apply for removal from the list.[9][10]
In some circumstances, including multiple qualifying convictions, a person may be subject to lifetime registration under the Sex Offender and Crimes Against Minors Registry Act. [10] Removal from the registry is not automatic; it typically requires filing a petition and obtaining court approval under the procedures in Virginia Code § 9.1‑910 and related provisions.[10]
VII. Legal Defenses to Computer Solicitation Charges
Defending against computer solicitation charges under § 18.2‑374.3(C) requires careful analysis of the communications, the alleged age of the “child,” and the investigative tactics used. Common defense strategies include:
· Demonstrating a lack of lascivious intent or that the messages were taken out of context. [2][13][14]
· Arguing that the defendant did not know and did not have “reason to believe” the other person was younger than 15. [2][3][4]
· Raising entrapment where law‑enforcement conduct crosses the line from providing an opportunity to committing improper inducement.[2]
· Challenging identification (for example, when there is limited proof tying the defendant to the device or account).[2]
· Suppressing evidence obtained in violation of the Fourth Amendment, such as from an unconstitutional search or seizure.[11] [12]
· Presenting relevant mental‑health evidence to show that the defendant lacked the requisite intent to commit the crime.[13]
· Presenting evidence of diagnoses such as autism spectrum disorder that may result in the case being deferred and reduced or dismissed.[14]
The availability and strength of these defenses depend heavily on the specific facts, digital evidence, and prior criminal history in each case.
VIII. Frequently Asked Questions
Question: Are violations of Virginia Code § 18.2‑374.3(C) felonies?
Answer: Yes. A violation of § 18.2‑374.3(C) is at least a Class 5 felony, and in some circumstances carries enhanced felony penalties of 5–30 years or 10–40 years with lengthy mandatory minimum sentences. [1][6]
Question: Do violations of Virginia Code § 18.2‑374.3(C) require sex‑offender registration?
Answer: Yes. A conviction under § 18.2‑374.3(C) is a Tier II registry offense and generally requires 25 years of registration, subject to the rules in Chapter 9.1.[8][9]
Question: Can a court convict me of violating Virginia Code § 18.2‑374.3(C) if there was no real child?
Answer: Yes. Courts have upheld convictions based on communications with an undercover detective using a fictitious child persona, so long as the Commonwealth proves the defendant believed, or had reason to believe, that the person was underage.[3][4][5]
Question: Should I speak with the police if I am arrested for computer solicitation?
Answer: No. You should assert your right to remain silent and your right to an attorney before answering questions. You should consult with counsel before making any statements in a computer solicitation investigation. [15][16]
Question: Are there any defenses to computer solicitation charges?
Answer: Yes. Depending on the facts, there may be strong defenses or substantial mitigating arguments, but it is important to contact experienced criminal‑defense counsel quickly so potential defenses are not lost. [2][11] [12] [13] [14]
IX. Speak to a Northern Virginia Computer Solicitation Defense Lawyer
If you are facing computer solicitation charges in Fairfax County, Loudoun County, Arlington, Prince William County, or the City of Alexandria, you should consult an experienced criminal‑defense attorney as soon as possible. Early intervention can make a significant difference in how evidence is preserved, how charges are framed, how mitigation (if necessary) is presented, and what outcomes may be available.
Attorney Stephen D. Hall is a former Fairfax County prosecutor with extensive experience handling internet crimes against children. As a defense attorney at Bezilla & Hall, PLLC, Mr. Hall represents clients charged with child pornography, computer solicitation, sexting, indecent liberties, and related offenses.[17]
Contact Stephen D. Hall at (703) 719‑8885 or R. Tyler Bezilla at (703) 705‑3884 for a confidential consultation.[18]
List of Sources Included Below:
1. Va. Code Ann. § 18.2-374.3 (2025) - https://law.lis.virginia.gov/vacode/18.2-374.3/
2. Virginia Model Jury Instructions (2025) - https://www.vacourts.gov/courts/circuit/resources/model_jury_instructions_criminal.pdf
3. Stoltz v. Commonwealth, 297 Va. 529 (2019). https://vacourts.gov/static/opinions/opnscvwp/1181033.pdf
4. Stoltz, Record No. 0352-17-4 at 6-7 (Va. Ct. App. 2018), aff'd Stoltz v. Commonwealth, 297 Va. 529 (2019) https://www.vacourts.gov/static/opinions/opncavwp/0352174.pdf
5. Hix v. Commonwealth, 27o Va. 335 (2005) https://www.vacourts.gov/static/opinions/opnscvwp/1042717.pdf
6. Virginia Criminal Sentencing Commission Virginia Criminal Codes (2026) http://www.vcsc.virginia.gov/VCCs/2026/VCC%20Book%20_%20After%20Budget.pdf
7. Va. Code Ann. § 18.2-10 (2025) - https://law.lis.virginia.gov/vacode/title18.2/chapter1/section18.2-10/
8. Va. Code Ann. Tit. 9.1, ch. 9 - https://law.lis.virginia.gov/vacodefull/title9.1/chapter9/
9. Va. Code Ann. § 9.1-902 (2021) - https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-902/
10. Va. Code Ann. § 9.1-910 (2020) - https://law.lis.virginia.gov/vacode/9.1-910/
11. U.S. Const. amend. IV - https://www.law.cornell.edu/constitution/fourth_amendment
12. Mapp v. Ohio, 367 U.S. 643 (1961) - https://www.law.cornell.edu/supremecourt/text/367/643
13. Va. Code Ann. § 19.2-271.6 (2021) - https://law.lis.virginia.gov/vacode/19.2-271.6/
14. Va. Code Ann. § 19.2-303.6 (2026) -https://law.lis.virginia.gov/vacode/title19.2/chapter18/section19.2-303.6/
15. U.S. Const. amend. V https://www.law.cornell.edu/constitution/fifth_amendment
16. U.S. Const. amend. VI https://www.law.cornell.edu/constitution/sixth_amendment
17. https://www.novacrimdefense.com/steve-hall
18. https://www.novacrimdefense.com/contact-us
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Always consult with a licensed attorney about your specific case.