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2007 SESSION
073235232Patrons-- Bell, Albo, Athey, Cosgrove, Fralin, Gear, Iaquinto, Jones, S.C., Saxman and Sherwood
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-374.3 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-374.3. Use of communications systems to facilitate certain offenses involving children.
A. It shall be unlawful for any person to use a communications
system, including but not limited to 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 5
felony.
B. It shall be unlawful for any person 18 years of age or older to use a communications system, including but not limited to 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 less 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, (iii) a violation of § 18.2-374.1:1, or (iv) any activity in violation of subsection A of § 18.2-370. As used in this subsection, "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, or any telecommunications, wire, computer, or radio communications system. A violation of this subsection is a Class 5 felony.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $141,226 for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.