                                 CODE OF VIRGINIA

USE OF COMMUNICATIONS SYSTEMS TO FACILITATE CERTAIN OFFENSES INVOLVING CHILDREN;
PENALTIES (§ 18.2-374.3)

A. As used in this section, &#8220;use a communications system&#8221; 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 &#xA7; 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 &#xA7; 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 &#xA7; 18.2-355 or 18.2-361, (ii) any activity in violation of
&#xA7; 18.2-374.1, or (iii) a violation of &#xA7; 18.2-374.1:1 is guilty of a
Class 5 felony.

HISTORY: 1992, c. 699; 1999, c. 659; 2003, cc. 935, 938; 2004, cc. 414, 444,
459, 864; 2007, cc. 759, 823; 2013, cc. 423, 470; 2014, c. 794; 2025, c. 261.