CHAPTER 261
An Act to amend and reenact 17.1-805 and 18.2-374.3 of the Code of Virginia, relating to use of communications system to expose sexual or genital parts to a child; penalty.
[H 2310]
Approved March 21, 2025
Be it enacted by the General Assembly of Virginia:
1. That 17.1-805 and 18.2-374.3 of the Code of Virginia are amended and reenacted as follows:
17.1-805. Adoption of initial discretionary sentencing guideline midpoints.
A. The Commission shall adopt an initial set of discretionary felony sentencing guidelines which shall become effective on January 1, 1995. The initial recommended sentencing range for each felony offense shall be determined first, by computing the actual time-served distribution for similarly situated offenders, in terms of their conviction offense and prior criminal history, released from incarceration during the base period of calendar years 1988 through 1992, increased by 13.4 percent, and second, by eliminating from this range the upper and lower quartiles. The midpoint of each initial recommended sentencing range shall be the median time served for the middle two quartiles and subject to the following additional enhancements:
1. The midpoint of the initial recommended sentencing range for first degree murder, second degree murder, rape in violation of 18.2-61, forcible sodomy, object sexual penetration, and aggravated sexual battery shall be further increased by (i) 125 percent in cases in which the defendant has no previous conviction of a violent felony offense; (ii) 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years; or (iii) 500 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of 40 years or more, except that the recommended sentence for a defendant convicted of first degree murder who has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more shall be imprisonment for life;
2. The midpoint of the initial recommended sentencing range for voluntary manslaughter, robbery, aggravated malicious wounding, malicious wounding, and any burglary of a dwelling house or statutory burglary of a dwelling house or any burglary committed while armed with a deadly weapon or any statutory burglary committed while armed with a deadly weapon shall be further increased by (i) 100 percent in cases in which the defendant has no previous conviction of a violent felony offense, (ii) 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of less than 40 years, or (iii) 500 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more;
3. The midpoint of the initial recommended sentencing range for manufacturing, selling, giving, or distributing, or possessing with the intent to manufacture, sell, give, or distribute a Schedule I or II controlled substance, shall be increased by (i) 200 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years or (ii) 400 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more; and
4. The midpoint of the initial recommended sentencing range for felony offenses not specified in subdivision 1, 2, or 3 shall be increased by 100 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years and by 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more.
B. For purposes of this chapter, previous convictions shall include prior adult convictions and juvenile convictions and adjudications of delinquency based on an offense which would have been at the time of conviction a felony if committed by an adult under the laws of any state, the District of Columbia, or the United States or its territories.
C. For purposes of this chapter, violent felony offenses shall include any felony violation of 16.1-253.2; solicitation to commit murder under 18.2-29; any violation of 18.2-31, 18.2-32, 18.2-32.1, 18.2-32.2, 18.2-33, or 18.2-35; any violation of subsection B of 18.2-36.1; any violation of 18.2-40 or 18.2-41; any violation of clause (c)(i) or (ii) of subsection B of 18.2-46.3; any violation of 18.2-46.5, 18.2-46.6, or 18.2-46.7; any Class 5 felony violation of 18.2-47; any felony violation of 18.2-48, 18.2-48.1, or 18.2-49; any violation of 18.2-51, 18.2-51.1, 18.2-51.2, 18.2-51.3, 18.2-51.4, 18.2-51.6, 18.2-52, 18.2-52.1, 18.2-53, 18.2-53.1, 18.2-54.1, 18.2-54.2, or 18.2-55; any violation of subsection B of 18.2-57; any felony violation of 18.2-57.2; any violation of 18.2-58 or 18.2-58.1; any felony violation of 18.2-60.1, 18.2-60.3, or 18.2-60.4; any violation of 18.2-61, 18.2-64.1, 18.2-67.1, 18.2-67.2, former 18.2-67.2:1, 18.2-67.3, 18.2-67.5, or 18.2-67.5:1 involving a third conviction of either sexual battery in violation of 18.2-67.4 or attempted sexual battery in violation of subsection C of 18.2-67.5; any Class 4 felony violation of 18.2-63; any violation of subsection A of 18.2-67.4:1; any violation of subsection A of 18.2-77; any Class 3 felony violation of 18.2-79; any Class 3 felony violation of 18.2-80; any violation of 18.2-85, 18.2-89, 18.2-90, 18.2-91, 18.2-92, or 18.2-93; any felony violation of 18.2-152.7; any Class 4 felony violation of 18.2-153; any Class 4 felony violation of 18.2-154; any Class 4 felony violation of 18.2-155; any felony violation of 18.2-162; any violation of 18.2-279 involving an occupied dwelling; any felony violation of subsection A or B of 18.2-280; any violation of 18.2-281; any felony violation of subsection A of 18.2-282; any felony violation of 18.2-282.1; any violation of 18.2-286.1, 18.2-287.2, 18.2-289, or 18.2-290; any violation of subsection A of 18.2-300; any felony violation of subsection C of 18.2-308.1 or 18.2-308.2; any violation of 18.2-308.2:1 or subsection M or N of 18.2-308.2:2; any violation of 18.2-308.3 or 18.2-312; any former felony violation of 18.2-346; any felony violation of 18.2-346.01, 18.2-348, or 18.2-349; any violation of 18.2-355, 18.2-356, 18.2-357, or 18.2-357.1; any violation of former 18.2-358; any violation of subsection B of 18.2-361; any violation of subsection B of 18.2-366; any violation of 18.2-368, 18.2-370, or 18.2-370.1; any violation of subsection A of 18.2-371.1; any felony violation of 18.2-369 resulting in serious bodily injury or disease; any violation of 18.2-374.1; any felony violation of 18.2-374.1:1; any felony violation of 18.2-374.3 or 18.2-374.4; any second or subsequent offense under 18.2-379 and 18.2-381; any felony violation of 18.2-405 or 18.2-406; any violation of 18.2-408, 18.2-413, 18.2-414, 18.2-423, 18.2-423.01, 18.2-423.1, 18.2-423.2, or 18.2-433.2; any felony violation of 18.2-460, 18.2-474.1, or 18.2-477.1; any violation of 18.2-477, 18.2-478, 18.2-480, 18.2-481, or 18.2-485; any violation of 37.2-917; any violation of 52-48; any violation of 53.1-203; any conspiracy or attempt to commit any offense specified in this subsection, or any substantially similar offense under the laws of any state, the District of Columbia, or the United States or its territories.
18.2-374.3. Use of communications systems to facilitate certain offenses involving children; penalties.
A. As used in subsections C, D, and E this section, "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 is 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 is 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 younger 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 his own sexual or genital parts or 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, anal intercourse, cunnilingus, fellatio, or anilingus 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 younger 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.
D1. Any person 18 years of age or older who uses a communications system, including computers or computer networks or bulletin boards, or any other electronic means, with lascivious intent, to expose his sexual or genital parts to any person he knows or has reason to know is a child to whom he is not legally married and such child is 15 years of age or older is guilty of a Class 1 misdemeanor.
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 younger 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.