Tuesday, January 24, 2012

Indecent Liberties With A Minor

Legal Defense and Computer Forensics Expert Witness Services


The charge of attempted indecent liberties with a minor is sometimes begins when a police officer posing as a minor using the Internet or an online chat room baits an individual into suggestive conversation and role play.  This charge is sometimes charged simultaneously and involves the same chain of events leading to a prosecution for Internet solicitation of a minor also known as use of communications systems to facilitate certain offenses involving children.  The police sting operation often results in arrest and a criminal prosecution. Legal teams with both excellence and technology competence are necessary to effectively represent individuals accused of computer crimes in Virginia.

A person accused of this type of conduct requires the experience of an attorney who not only understands criminal defense but also has the technical experience to understand the underlying Internet technology.  Even an attorney who is well versed in criminal defense litigation would need the assistance of a Virginia computer forensics expert witness to understand all the technical aspects associated with a case involving Virginia computer forensics issues.  Some of the statutes that may form the basis for charges of indecent liberties or attempted indecent liberties in Virginia include:

§ 18.2-370. Taking indecent liberties with children; penalties.

A. Any person 18 years of age or over, who, with lascivious intent, knowingly and intentionally commits any of the following acts with any child under the age of 15 years is guilty of a Class 5 felony:

(1) Expose his or her sexual or genital parts to any child to whom such person is not legally married or propose that any such child expose his or her sexual or genital parts to such person; or

(2) [Repealed.]

(3) 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; or

(4) Propose to such child the performance of an act of sexual intercourse or any act constituting an offense under § 18.2-361; or

(5) Entice, allure, persuade, or invite any such child to enter any vehicle, room, house, or other place, for any of the purposes set forth in the preceding subdivisions of this section.

B. Any person 18 years of age or over who, with lascivious intent, knowingly and intentionally receives money, property, or any other remuneration for allowing, encouraging, or enticing any person under the age of 18 years to perform in or be a subject of sexually explicit visual material as defined in § 18.2-374.1 or who knowingly encourages such person to perform in or be a subject of sexually explicit material; shall be guilty of a Class 5 felony.

C. Any person who is convicted of a second or subsequent violation of this section shall be guilty of a Class 4 felony; provided that (i) the offenses were not part of a common act, transaction or scheme; (ii) the accused was at liberty as defined in § 53.1-151 between each conviction; and (iii) it is admitted, or found by the jury or judge before whom the person is tried, that the accused was previously convicted of a violation of this section.

D. Any parent, step-parent, grandparent or step-grandparent who commits a violation of either this section or clause (v) or (vi) of subsection A of § 18.2-370.1 (i) upon his child, step-child, grandchild or step-grandchild who is at least 15 but less than 18 years of age is guilty of a Class 5 felony or (ii) upon his child, step-child, grandchild or step-grandchild less than 15 years of age is guilty of a Class 4 felony.

The language of the statute also allows the government to penalize other minors involved in practices such as online chatting with other minors, text messages or "sexting".

§ 18.2-370.01. Indecent liberties by children; penalty.

Any child over the age of thirteen years but under the age of eighteen who, with lascivious intent, knowingly and intentionally exposes his or her sexual or genital parts to any other child under the age of fourteen years who, measured by actual dates of birth, is five or more years the accused's junior, or proposes that any such child expose his or her sexual or genital parts to such person, shall be guilty of a Class 1 misdemeanor.

Defending against accusations of attempted indecent liberties with a minor (use of communications system to facilitate certain offenses involving minors) in Virginia, including:
Henrico, Richmond City, Chesterfield, Colonial Heights, Amelia, Dinwiddie, Nottoway, Petersburg, Powhatan, Albemarle, Charlottesville, Culpeper, Fluvanna, Goochland, Greene, Louisa, Madison, Orange, Fairfax, Prince William, Alexandria, Arlington, Fauquier, Loudoun, Rappahannock, Norfolk, Virginia Beach, Newport News, Hampton, Portsmouth, Isle of Wight, Suffolk, Chesapeake, Fredericksburg, Spotsylvania, Stafford, Caroline, Essex,, Hanover, King George, Lancaster, Northumberland, Richmond County, Westmoreland, Charles City, Gloucester, James City County/Williamsburg, King William, King and Queen, Mathews, Middlesex, New Kent, Williamsburg/James City County, York County, Poquoson.

Virginia Internet attempted indecent liberties with a minor defense lawyer and defense computer forensics experts.

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