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2011 SESSION
11101008DBe 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 persons.
A. As used in subsections C, D, and E "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 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 felony.
C. It shall be unlawful for any person 18 years of age or older adult 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, with lascivious intent, any
person he knows or has reason to believe is a
child less than 15 years of age to knowingly and
intentionally:
1. Expose his sexual or genital parts to any child such person to whom he is not legally married or propose
that any such child person expose his sexual or
genital parts to such person adult;
2. Propose that any such child person
feel or fondle the sexual or genital parts of such person adult
or propose that such person adult feel or fondle the
sexual or genital parts of any such child person;
3. Propose to any
such child person the performance of an act of sexual intercourse or
any act constituting an offense under § 18.2-361; or
4. Entice, allure, persuade, or invite any such child person to enter any vehicle, room, house, or other place,
for any purposes set forth in the preceding subdivisions.
Any person adult who violates this
subsection is guilty of a Class 5 felony. However, if the person adult
is at least seven years older than the child person he knows or has reason
to believe is less than 15 years of age, the person adult
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 adult
who commits a second or subsequent violation of this subsection when the person adult is at least seven years older than the child person 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 but
not limited to computers or computer networks or bulletin boards, or any other
electronic means, for the purposes of soliciting, with lascivious intent, any child person he knows or has reason to believe is at least 15
years of age but less 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 person he knows or has reason to believe is less
than 15 years of age 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.
E. Any person 18 years of
age or older adult
who uses 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, or (iii) a violation of § 18.2-374.1:1
is guilty of a Class 5 felony.
2. That the provisions of this act are declarative of existing law.