Virginia Senate Bill SB228

Virginia 2022 Regular Session

• Introduced: 1/10/22
• Refer: 1/10/22

Caption

Children; use of communications systems to facilitate certain offenses, consecutive sentence.

Impact

If passed, the bill would significantly increase the punitive measures against adults soliciting minors through electronic communications. It introduces a mandatory minimum imprisonment requirement for certain offenses, which could lead to longer sentences for offenders. This change aims to provide stronger protective measures for children by deterring adult solicitation through the threat of harsher penalties. The proposed measures may also increase the administrative and financial burden on correctional facilities due to the projected rise in incarceration rates.

Summary

SB228 aims to amend §18.2-374.3 of the Code of Virginia concerning the use of communications systems to facilitate offenses involving children. The bill seeks to enhance penalties for individuals who use electronic means to solicit or engage minors in inappropriate conduct. The law delineates various activities that constitute soliciting a child, especially those under the age of 15, defining them as Class 5 or Class 6 felonies depending on the nature of the solicitation and the age difference between the offender and the minor.

Contention

The bill has attracted attention due to the potential implications for freedom in communication and privacy rights. Some advocates may argue that imposing such rigid penalties could have unintended consequences, such as potentially criminalizing behavior that may not have malicious intent but falls under the broad definitions provided in the bill. The new mandatory minimum sentences may also raise concerns about disproportionately harsh outcomes for offenders without considering the context of individual cases.