You can face criminal solicitation charges on several occasions. You can face criminal solicitation charges if you are accused or suspected of encouraging someone else to act unlawfully. Solicitation can be expressed in various ways, and you can face charges for this offense even if you did not intend to make another person commit an offense. Sometimes, you could be a victim of false accusation or mistaken identity, whereby you are accused of criminal solicitation, yet you did not commit the offense. Whatever the circumstances, you should seek the services of a reliable criminal defense attorney if the prosecutor accuses you of criminal solicitation. At the Virginia Criminal Attorney, we have reliable attorneys who can fight your solicitation charges and seek a fair ruling or even a dismissal of the case in Northern Virginia and Fairfax.

Solicitation Explained

Solicitation can apply in several legal contexts. You can face criminal solicitation charges if you convince someone else to commit criminal acts. Solicitation means making an appeal or a request, in writing or orally, to someone else. It can involve pleading or seeking to secure property, money, or something else of value, promising a valuable item. A person can engage in solicitation for business profits or charitable purposes. Many states in the United States, including Virginia, restrict business solicitation and have federal and state statutes that protect consumers' rights.

Solicitation can be made through a written or oral request, and a person can request an announcement by telegraph, radio, or television. Sometimes, the request can encompass an appeal or a campaign by the following:

  • A charitable institution
  • Someone for charitable institutions,
  • A sponsor

Solicitation can also involve distributing, circulating, publishing, or posting any type of advertisements, handbills, or advertisement that intends to secure some contribution. This act can also manifest in the form of selling or trying to sell the following:

  • Tickets
  • Food
  • Subscriptions
  • Flower
  • Sponsorships
  • Memberships
  • Merchandises
  • Devices
  • Magazines
  • Coupons
  • Books
  • Cards
  • Advertisement space, or
  • An advert

Solicitation can involve selling anything tangible and deemed of more excellent value without a distribution right or connection of an appeal conducted for charitable purposes. An accused person must understand the law because solicitation could take various forms. Understanding the law can help you prepare the best defense strategy to fight the potential charges.

Solicitation As A Criminal Act

According to Virginia Code 18.2-2, criminal solicitation involves:

  • Requesting, or
  • Encouraging or pressurizing someone else to criminally participate in an act to contribute to or facilitate the crime.

Solicitation in Virginia is often associated with prostitution, where it means a request by one individual to another to engage in sexual activities for money. Most acts of solicitation occur every day. Some acts might seem to be lawful but are unlawful. Sometimes, you can engage in solicitation without meaning to do so. A telemarketer can commit an offense of solicitation by selling something to potential customers over the phone. He/she can face charges even though the product sold is legit. All telemarketers are required to register according to the law. A telemarketer risks facing solicitation charges if he/she does not meet the registration requirements. You can face severe criminal or civil penalties if you are guilty of this offense. Usually, you will face penalties based on the facts of your case and the evidence that the prosecutor puts up in your case. Typically, the person you have solicited to commit an offense does not need to execute it for you to face criminal solicitation charges.

Elements Of Criminal Solicitation Offense

If the prosecutor accuses you of solicitation, VA 18.2-2 requires that the prosecutor prove the following elements:

  • You ordered, incited, persuaded, or requested someone else to engage in solicitation
  • You intended to participate in solicitation with someone else

The prosecutor should provide sufficient evidence that you had intentionally made someone else commit solicitation by induction, command, or persuasion. If the prosecutor accuses you of solicitation in relation to murder, the prosecutor should show that you had solicited murder or terrorism for hire, even though the crime was not executed.

The prosecutor should prove the act of request and the criminal intention for an offense to qualify as a criminal solicitation.

You can be convicted of solicitation, provided the other individual received a request to commit the offense. In a criminal solicitation offense, the prosecutor can decide to continue with your case even though the offense in question was not executed. You can still face charges even if your command or appeal was not accepted and the offense you solicited was not executed. For example, a politician can contact a hitman to kill their opponent. The politician could face solicitation charges even though the offense was not executed.

Penalties For Criminal Solicitation

You can face charges for soliciting the commission of various offenses, and your punishment can vary significantly. Criminal solicitation charges can escalate based on the seriousness of the supposedly solicited crime. For example, you can be convicted of a more serious felony for solicitation of murder. Soliciting murder is a more serious offense than soliciting prostitution.

Prostitution & Solicitation Statutes In Virginia

A common offense of solicitation is solicitation of a prostitute. Courts often consider criminal solicitation involving a prostitute as a class one misdemeanor offense. This offense attracts a jail term that does not exceed one year in a county jail. You can also face a fine that does not exceed $2500 with blood tests for sexual illnesses.

You can be guilty of this offense if you incite someone else to commit a criminal prostitution act. The court can still charge you even if your solicitation failed to yield results or the prostitution act was not executed. Incitement is the central crime element in this situation.

It is a crime under Virginia Code Sec 18.2-346(b) to offer cash or something of value to someone else to engage in sexual activities. If this occurs, you can be accused of soliciting prostitution and can face class one misdemeanor charges.

Prostitution laws in Virginia are stringent and impose severe penalties on any indecent, lewd, and lascivious acts. The courts treat all indecent acts as crimes and consider them class one misdemeanor crimes. Virginia law prohibits prostitution, prostitution promotion, and solicitation. Individuals who could be convicted of this offense include:

  • Prostitutes
  • Pimps or madams
  • Prostitution customers, and
  • Any person who willfully engages in these activities

The following acts are covered under Virginia prostitution & solicitation laws:

Obscene Sexual Exposure - Virginia Code 18.2-387.1

You can be guilty of a class one misdemeanor under VA 18.2-387.1 if you, publicly or in the presence of other people, engage in sexual acts to be seen by others. The prosecutor can also accuse you of the offense if you openly stimulate yourself sexually through masturbation. A person can commit this act through touching, massaging, or exposing their erogenous parts.

If the prosecutor accuses you of obscene sexual exposure, the prosecutor should prove the following elements:

  • You engaged in the act purposefully or intentionally
  • You touched yourself or requested someone else to touch your buttocks, genitals and breasts
  • You committed the offense for sexual gratification or to annoy or even arouse someone else
  • You committed the offense in public or a place open for other people to see
  • You executed the act where someone else could have been annoyed by your conduct and quickly realized it
  • You committed the offense when you were aware someone else was present, or there was a likelihood that someone was present.t

Indecent Exposure Under Virginia Code 18.2-387

The court can charge you with a class one misdemeanor if you intentionally make an indecent display or exposure of yourself or your private parts in an open place or in a place where there are other people. You can also face the exact charges if you hire someone else to expose their bodies indecently publicly or in the presence of other people. Lactating mothers are exempted from this offense.

According to Virginia Code 18.2-387, a public area is an area where an individual can foresee someone else who will not approve of their behavior witnessing the sexual exposure. The following are some of the acts of indecent exposure:

  • Having sex in public
  • Displaying or exposing your breasts, genitals, or buttocks

If the prosecutor accuses you of indecent exposure, the prosecutor should prove the following elements:

  • You wanted people to pay attention to your behavior or genitalia
  • You engaged in the act where someone else who would be offended by your action was present
  • You intentionally or purposely exposed your private body parts

When you face charges for indecent exposure acts according to the offense’s elements, you must have acted intentionally. Virginia Code 18.2-387 requires that the prosecutor proves that you acted willingly and were not forced into it. However, if you act willfully, it does not imply you intend to violate the law.

Some factors can aggravate the offense of indecent exposure and have you face more serious penalties. You can face felony charges if you face charges for indecent exposure, and it is evident that you intentionally did it in the presence of a child below 15 years. The court can also charge you with a felony if you request a minor to expose their private parts. You can face harsher punishment if the charges are brought successfully against you and you are convicted. In this case, you could face a jail term that does not exceed ten years in a state prison.

A repeat offense will also aggravate your punishment. A conviction can result in more severe punishments if the prosecutor exposes your prior conviction in court.

Harassment Via Computer - Virginia Code 18.2-152.7

It is an offense under VA 18.2-152.7 to use a digital or computer network to harass, coerce, or intimidate someone else intending to communicate in a:

  • Lascivious
  • Obscene
  • Profane
  • Lewd
  • Vulgar, or
  • Other indecent language

You can face class one misdemeanor charges if you violate VA code 18.2-152.7. The jury can convict you of a class 6 felony offense if you are a repeat criminal offender of a similar offense within ten years from when you committed the first crime.

Keeping, Staying In or Visiting A Bawdy Place - Virginia Code 18.2-347

According to VA 18.2-347, a bawdy place is an area within or outside any structure or building that is used for lewdness, prostitution, or assignation. It is an offense under this statute for you to stay in, own, or even visit such an area for decadent purposes. Each day you stay in, keep, or visit such an area will form a different offense with different punishments. The prosecutor must prove the general repute of that area so you can face charges under this law.

All Prostitutes And Any Person Involved In The Prostitution Business - Virginia Code 18.2-346

An individual who commits adultery, fornication, or any sexual act for money or anyone who compromises to commit these offenses for money can face charges under VA 18.2-346. In this case, you can be guilty of a class one misdemeanor offense. The court can also convict you of the same offense if you offer money or anything of value to someone else to engage in sexual acts. Virginia Code 18.2-346 also covers people who aid prostitution or any form of illicit sexual intercourse. This can include individuals who receive money from earnings made by female or male prostitutes.

Soliciting A Minor

Soliciting a child is an offense that involves a child in sexual activities or relations. This a state and federal offense that attracts severe penalties. You will face more serious penalties if the child is under a particular age. You will also face more serious punishment if you and the child have a vast age difference, especially if you are three years older than the minor.

You will be convicted of solicitation of a minor if you are over 18 years old and are guilty of any sexual engagement with a minor below 18 years. The court will treat it as a case of forcing, coercing, or manipulating a minor to engage in a sexual act. Many of these offenses occur through digital communication, making it challenging for all the offenders to be convicted.

Many people take advantage of children through electronic communication, forcing them to participate in sexual acts from any region in Virginia or the world. Sexual acts are common in specific social sites, and children frequent these sites. This has enhanced the offense, escalating beyond control.

Social media makes it hard for a child to prove their age. For this reason, most people find themselves guilty of solicitation of a minor without an intention to do so. You should take prompt action if you are accused of soliciting a child. It is essential to consult a criminal defense attorney to help you develop a defense that will challenge the charges leveled against you.

You require a solid defense that could only be developed by a skilled criminal attorney because sex offenses are severe in Virginia. If you are accused of soliciting a child in person or online, you should refute those allegations. Unfortunately, offenses of this type do not require the prosecutor to prove the sexual engagement with a child. The prosecutor only needs to confirm your intention and an exchange of information with the minor for you to be convicted.

The following are the unlawful activities involved in soliciting a minor:

  • Encouraging a child to enter into an adult’s car or home for prohibited acts
  • Enticing or alluring a child to a sexual relation
  • Encouraging a child to interact in a way that is deemed unlawful
  • Causing a child to fondle or touch an adult’s private parts
  • Exposing your private parts to a child when you are not in a lawful marriage

Defenses For Criminal Solicitation Charges

With the help of an experienced criminal defense attorney, you can present the following defenses against your criminal solicitation charges:

You Did Not Know The Age Of The Minor

A person accused of soliciting a minor for sexual interactions can claim that he/she was not aware of the age of the child. Sometimes, a child can give false age, particularly if he/she joins popular social sites that permit only the registration of adults. Knowing you are interacting with a child on these sites is challenging. The jury can drop your case if your criminal attorney convinces them with this defense.

Withdrawal

You cannot be guilty of soliciting if you recant your intention to commit an offense and inform the other person that your offer is not in effect before the offense is executed. The judge cannot convict you of solicitation if you solicit and immediately after you change your mind. In this situation, the other person’s testimony is needed for the judge to rule.

You Had No Criminal Intention

Your attorney can also claim that you had no intent to commit a criminal action, even though you acted in the manner you did. The defense can be admissible in court if you committed the offense but had not intended to commit it. For example, you can solicit a sexual worker but do not intend or offer to pay them for engaging in sexual activities with you. In this case, you are not guilty of solicitation.

You Are A Victim Of False Accusation

In most criminal cases, defendants often fight their charges by arguing and proving that they did not commit the offense. False accusation is a popular defense used in criminal solicitation cases. Someone can accuse you falsely of solicitation. The judge can dismiss your charges if your criminal attorney is able to convince them. However, this defense cannot be valid if the prosecutor has substantial evidence against it. 

You Are A Victim Of Police Entrapment

Entrapment can only be a valid defense if you committed solicitation because of coercion or harassment by law enforcement. You must prove that without the coercion or harassment, you would not have committed the offense. Unfortunately, it can be challenging to assert this defense because you are required to establish that the police officers introduced the idea and impetus for the offense. You must also convince the court that you were not willing or predisposed to commit the offense.

Insufficient Evidence

Lack of enough evidence is also a common defense used in criminal solicitation cases. This can arise from overzealous prosecutors and police officers who are overconfident in their own abilities. It could also be someone pointing the blame or lying against you just to gain something. You have a right to remain silent and rely on the prosecutor’s burden to prove you are guilty of solicitation. Your attorney can also promote the insufficiency of the evidence by tabling alternative evidence that shows a lack of guilt. For example, the law enforcement report can have a statement claiming that you confessed. However, a review of the real recording of your statement can show that you were forced to admit it.

Find a Criminal Defense Attorney Near Me

Criminal solicitation is a serious offense under Virginia law. A conviction of the offense can have detrimental consequences, including jail time and paying hefty fines. There are various ways of committing this offense, and even seemingly innocent actions can qualify as criminal solicitation. Your first step upon facing criminal solicitation charges should be to contact an attorney. An experienced attorney will evaluate your charges and help you create a convincing defense.

For legal representation that you can count on in Northern Virginia and Fairfax, contact the Virginia Criminal Attorney. We take pride in being the go-to local criminal attorneys. We understand every case is unique, so take time to understand your case before adopting the best possible defense. You cannot go wrong by choosing our services. Despite offering high-quality legal representation, we do not overcharge our clients. We have flexible repayment plans to ease your legal fee burden. Contact us at 703-718-5533 to speak to one of our attorneys.