Practice Areas
Newsflash
During computer crime cases, the government usually counts with an attorney prosecutor and several computer forensics and other technical experts on the government's payroll. Defense attorneys must be prepared with competent technical experts to ensure a fair trial. |
| Use of Communications Systems to Procure a Minor |
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Use of Communications Systems to Procure a Minor - Also known as Internet solicitation of a minor The chain of events leading to a prosecution for Internet solicitation of a minor usually begins when a "minor" will come into a chat room. Most times, this "minor" is a police officer. After some chatting, the minor suggests a meeting in person.... setting up the police sting operation. The police will obtain a warrant an arrest warrant and charge the person with using a computer communications device to solicit a minor and with attempted indecent liberties with a minor. The police will also confiscate the person's computers. In the absence of specialized computer forensics expertise, your defense may be limited. Are the printouts of the chat logs technically reliable? How does the Yahoo software work from a technical perspective? What kind of defense can be established? Can the analysis of the files in the computer yield important data the can be used for the defense? This is critical, a conviction may mean several years of jail time and lifetime registration as a sex offender, together with the social opprobrium associated with that term. The Virginia statute supporting the prosecution for solicitation of a minor and the need for a competent computer forensics expert witness states as follows: § 18.2-374.3. Use of communications systems to facilitate certain offenses involving children. 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 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 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 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 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 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 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 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 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.
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