Sexual Abuse of a child under (15) years of age – Va. Code § 18.2-67.4:2
An adult who, with lascivious intent, sexual abuses a child (13) years old and over, but under (15) fifteen can be charged and found guilty of a Class 1 - misdemeanor. Lascivious means a state of mind that is eager for sexual indulgence, desirous of inciting to lust or of inciting sexual desire and appetite. Sexual abuse refers to 1. Committing an act with intent to sexually arouse, molest, or gratify another by touching intimate parts or the covering material, 2. Forcing another to do so to oneself or to another, 3. Causing or assisting a child under (13) years to commits such acts, 4. Causing another to perform such acts on a victim.
Indecent Liberties with Children - Va. Codes Ann. § 18.2-370, § 18.2-370.01
It is a Class (5) felony for an adult with lascivious intent to knowingly and intentionally commit the following acts to a minor child under the age of (15) fifteen:
- If the two are not legally married and the adult exposes private parts or proposes that the child do so,
- If the adult proposes that a child be involved with touching the adult’s genitals, the
child’s own genitals, or another person to commit such acts upon the child.
- A proposal for sexual intercourse, anal intercourse, and oral sexual acts,
- Attempting to get a child to enter an automobile or dwelling to commit the aforesaid acts.
- A parent, step-parent, grandparent, or step grandparent committing this crime would be charged with a more severe punishment – Class (4) Felony. If the child is over (15) years old the punishment would remain a Class (5) felony.
- When an adult receives payment for allowing, encouraging, or enticing a minor to be the subject of sexually explicit sexual visual material or if the adult encourages such acts, he or she may be found guilty of a Class (5) felony.
- Subsequent conviction can result in Class (4) felonies.
- Any child over (13) thirteen years of age but under (18) who takes indecent liberties with a child under (14) years of age and his (5) or more years the junior can be guilty of a Class (1) Misdemeanor.
Penetration of mouth of child with Lascivious Intent - § 18.2-370.6
It is a Class 1 misdemeanor for an adult to knowingly and intentionally penetrate the mouth while kissing a child under (13) years of age when done with lascivious intent.
Use of Communication Systems to Facilitate Offenses against Children - Va. Code Ann.
This crime involves the use of a communications system. This includes a computer, a computer network, a bulletin board, or any electronic means. The purpose for its use was solicitation with lascivious intent. The accused was attempting to involve the child in “certain act(s)”. The alleged victim was under fifteen (15) years of age. The accused knew or should have known the age of the alleged victim. And the perpetrator was eighteen years of age or older at time of crime. The maximum imprisonment is (10) years, a fine of up to $2,500.00. This is a class (5) Felony. When the Accused is more than (7) years older the penalty is (5) years mandatory prison and up to (30) years prison. Subsequent convictions have more severe penalties. An adult who is (7) years older than a child (15) and above who is the victim – the punishment is less than a younger child.
Certain acts include but are not limited to:
- Exposure of genitals
- Fondling private parts
- Sexual acts involving intercourse, oral sex, and anal sex.
- Enticing, alluring, persuading, or Inviting a minor into a vehicle, dwelling, or other place to commit the stated acts in 1-3.
This law may also include older children when the crime involves Indecent Liberties with Children, Production, publication and sale of Child pornography. The crimes would be a Class (6) Felony rather than a Class (5), which means there is a (5) year maximum incarceration period.
It is also against the law to use communications systems for taking, detaining, prostituting, human trafficking and for crimes against nature involving animals, incest, and other crimes.
There are many individuals arrested in the Commonwealth of Virginia charged with crimes of possession, distribution, and production of child pornography. Due to the severity and nature of these crimes, law enforcement has made it a priority to acquaint themselves with reliable means to search out such material on the internet, to investigate peer to peer networks, to issue subpoenas to internet providers, to locate the persons involved in such activity, and retrieve illegal computer data, including images which have been deleted.
Child Pornography is defined as sexually explicit material which uses or has as its subject an identifiable child.
If an individual is charged with possession of child pornography and convicted, he or she will be found guilty of a Class (6) Felony and serve up to five years imprisonment. Any subsequent convictions will result in Class (5) convictions whereas the maximum incarceration is ten years imprisonment.
In order for a prosecutor to convict an individual with distribution of child pornography, proof must be sufficient to show:
- That an individual distributes, reproduces, displays, electronically transmits, sells, gives away, or purchases child pornography, or
- That the accused knowingly possesses with the intent to distribute, display, transmit, sell, or give away child pornography, or
- The defendant knowingly gets another person to send, submit, transfer or to provide child pornography to him in order to be a part of a group which trades and shares child pornography.
The penalty for a Child Pornography Distribution conviction is not less than (5) years five nor more than (20) years incarceration for the first offense. Any further violations will require a (5) year mandatory minimum of actual time which cannot be suspended.
Operating a Child Pornography Website:
When a party intentionally operates an internet website for the purpose of facilitating payment in order to access child pornography, he or she will be found guilty of a Class (4) Felony – not less than (2) two years nor more than (10) years incarceration and a fine not to exceed $100,000.
Production of Child Pornography:
It is unlawful to entice, accost, or solicit a minor with the intent to force or induce the child to be a subject of child pornography or to perform in child pornography, or
- To produce, make, or attempt to make child pornography, or
- To knowingly take part in making of pornography, or
- To knowingly finance or be involved in financing of child pornography when the victim is less than (18) eighteen years old.
The maximum imprisonment for this crime is (10) years and there is a possible fine of $2,500.00.
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