Sex crimes occur when there is unwanted touch on a person’s private body parts, which include the groin area, genitals, buttocks, breasts for women, and anus. The kind of touch and the circumstances in which it was made will determine the specific offense and penalties. Sex crimes are highly punishable in Virginia, especially sex crimes against children. Since children cannot consent to sexual acts and cannot protect themselves, adults who engage in sexual acts with minors are perceived as severe offenders.

It helps to understand your legal situation and possible penalties if you face sex crime charges against a minor. Our skilled and experienced criminal attorneys at Virginia Sex Crime Attorney can also help you navigate the complex legal process. We can use the best legal strategies to fight your charges and obtain a favorable outcome for your case.

An Overview of Sex Offenses Against Children

Criminal sexual acts against children attract severe penalties, including lengthy prison time, a hefty court fine, and life-changing consequences like registering in the sex offender registry. Children, in this case, are individuals below the age of 18. The law protects them because of their inability to defend themselves. Additionally, children are incapable of consenting to sexual acts. Their will to freely engage in sexual acts cannot be accepted as a defense against sexual charges in court. Here are the most common sex crimes against children and possible penalties. You are advised to hire an experienced sex crimes attorney if you face sex crime charges against children for a fair trial and a favorable outcome for your case:

Sexual Abuse Against a Child Under 15

Sexual abuse is any sexual act or conduct against a person’s consent. Since children are incapable of consenting to sexual acts or understanding sexual behavior, any sexual act committed against them will qualify as sexual abuse.

§18.2-67.4:2 is the law that prohibits sexual abuse against a child younger than 15 years. It prohibits adults from committing sexual acts with lascivious intent against children. If the court finds you guilty of this offense, you will be sentenced to a Class 1 misdemeanor.

Class I misdemeanors are the most serious under the law, with the most severe penalties, including lengthy jail sentences and hefty fines. You could receive a minimum of 180 days in jail and a fine of up to $250 upon conviction. The judge can sentence you to misdemeanor probation instead of prison, where you will be under the court’s supervision. Your probation could last for up to three years.

The judge can also order you to register your details in the sex offender registry. You will continue registering even after serving your jail sentence. The sex offender registry is publicly available, meaning anyone conducting a background check on you will know of the conviction. That could affect your ability to find a job or a place to rent.

Indecent Liberty With a Minor

Code § 18.2-370 and § 18.2-370.01 prohibit all kinds of indecent liberties with minors. According to this law, it is criminal for an adult to intentionally and knowingly commit these acts against children aged below 15 with lascivious intent:

  • To expose their privates or propose to the minor to expose their privates when they are not married.
  • To suggest that the minor touch their (the adult's) private parts, the child’s privates, or someone else touch the minor’s privates.
  • To suggest that a minor engages in sexual intercourse, oral or anal sex.
  • To attempt to force the child into a vehicle or house to commit any of the acts mentioned above.

A Class 5 felony is mainly a wobbler offense, meaning the prosecutor can file misdemeanor or felony charges. The prosecutor’s decision will depend on the circumstances of your case and your criminal history. A felony conviction is punishable by ten years in prison and $2,500 in court fines.

If you (the accused adult) are the victim’s parent or grandparent, the charges would be more severe. The prosecutor can file Class 4 felony charges against you, punishable by ten years in prison and a court fine of $100,000. But if the victim is older than fifteen, the charges will still be a Class 5 felony.

If an adult is paid to allow, encourage, or entice a minor to become a subject of sexual material or encourages the act even without receiving payment, they can be sentenced to a Class 5 felony. A second conviction for this offense would be a Class 4 felony.

When a minor aged 13 or older but younger than 18 shares indecent privileges with a minor younger than 14 or younger than them by five years, they could be sentenced to a Class 1 misdemeanor.

Oral Penetration of a Minor

§18.2-370.6 prohibits anyone aged 18 or older from kissing a child younger than 13 on the mouth with lustful intent. The law also forbids penetrating the child’s mouth with your tongue. The offense is a Class 1 misdemeanor, punishable by a maximum of 180 days in jail and a court fine of $2,500.

The judge could sentence you to unsupervised probation in place of jail. You must submit periodic progress reports to the court throughout your probation. The judge will also give you some probation conditions to abide by throughout the probation period. For example, they could order you to stay away from children or a place where children frequent, like a school or the park.

The judge could also order you to register on the sex offender registry. Depending on the circumstances of your case, you could register for ten years, twenty years, or for life. You must register every year with the local police for the period the judge orders.

Using Communication Systems to Commit Sex Crimes Against Children

§18.2-374.3 makes it unlawful to use a communication system like a computer, the internet, a news board, or any other electronic means to facilitate a sex crime against a child. For example, using a computer or smartphone to solicit a minor with lustful intent The victim must be 15 years or younger. You must know their age or reasonably have known their age for the court to find you guilty of this offense.

This law usually applies to adults who commit the offenses when they are 18 or older. If you are guilty, you could receive a Class 5 felony conviction, punishable by a prison sentence of ten years and a court fine of $2,500.

If you (the perpetrator) are seven years older than the victim (or more), the judge will sentence you to mandatory prison time of five years, which can go up to thirty years. A second or subsequent conviction will result in a harsher penalty. But your sentence could be shorter if the alleged victim is older than fifteen.

The sexual acts punishable under this statute include the following:

  • Exposing genitals.
  • Fondling private body parts.
  • Sexual deeds involving penetration, including sexual intercourse and anal and oral sex.
  • Persuading, luring, inviting, or enticing a child into a house, vehicle, or any other private area to commit the mentioned acts.

Sometimes, this law can apply to older children who engage in sexual acts with younger children.

Any act revolving around producing, selling, or publishing child pornography is also punishable under this statute as a Class 6 felony. If you are found guilty, the judge will give you a mandatory five-year prison sentence, which can go up depending on the facts of your case.

It is also unlawful for anyone to use communication systems to take, detain, prostitute, or traffic a child for sexual deeds involving humans, animals, or incest.

Child Pornography

§18.2-374.1:1 prohibits the possession, production, or distribution of child pornographic material. Because of the gravity of these offenses, the police have taken time to understand and learn reliable ways of searching for these materials online, conducting in-depth investigations, and issuing subpoenas to telecom and internet providers. The aim is to find the people involved in these activities and retrieve crucial evidence from computer information, including data and information that could have been deleted from computers.

Child pornography, as defined under this statute, refers to sexually explicit data that uses children or has an identifiable child as its subject. There are many ways in which you can violate this statute:

Possession of Pornographic Material

If the police find you possessing child pornographic material, you will face Class 6 felony charges. Possession can be direct or indirect. Direct possession is when you have direct control over the material. The material could be on your person or property. Indirect possession is when you have control of the material from a different location.

A Class 6 felony is punishable by five years in prison. A second or subsequent violation will lead to Class 5 felony charges, punishable by ten years in prison.

Distributing Child Pornography

Distributing child pornography is a serious offense that could result in lengthy prison time and a hefty court fine. But the prosecutor must first demonstrate the following elements for the court to deliver a guilty verdict:

  • That you were in possession of sexually explicit material depicting children.
  • You reproduced, distributed, sold, gave away, purchased, or electronically transmitted the material.
  • You knew the material was in your possession and intended to display, transmit, distribute, give away, or sell it.
  • You knowingly caused another person to submit, send, furnish, or transfer child pornographic material to be allowed in a group that shares and trades in such material.

If the court finds you guilty of distributing child pornography, you could receive a prison sentence of five to twenty years for your first offense. A second or subsequent violation will result in a mandatory five-year prison sentence, which can go up to life in prison.

Managing a Child Pornographic Website

A person who knowingly operates or manages an online page with the intent to facilitate payment for people to access pornographic material depicting children can face Class 4 felony charges. If the court finds you guilty of operating or managing a child pornographic site, you could receive a prison sentence of two to ten years and $100,000 in court fines.

Producing Child Pornography

It is a criminal offense for anyone to accost, solicit, or entice a child, intending to induce or force them to participate in or perform in the production of child pornography. This law specifically prohibits the following:

  • Taking part in the making, production, or attempt to produce or make child pornography.
  • Knowingly participating in the production of child pornography.
  • Willingly financing or taking part in the financing of the production of child pornography.

The exact penalty you receive for this offense will depend on the details of your case. A typical sentence for producing child pornography is ten years in prison and $2,500 in court fines.

Forcible Sodomy

According to § 18.2-67.1, you will face forcible sodomy charges if you engage in anal sex with a minor. The prosecutor must prove the following elements beyond a reasonable doubt for the court to find you guilty:

  • That you engaged in anal sex with a person who is not married to you.
  • The victim is a child aged 13 years or younger.
  • You committed the offense against the victim’s will using force, intimidation or threats, or
  • You took advantage of the victim’s physical or mental incapacity.

Forcible sodomy against a minor is a felony, punishable by five years in prison. Additionally, you could face the following consequences after a conviction:

  • If you are older than the victim by more than three years, your penalty could include a mandatory sentence of 25 years in prison.
  • If you were 18 or older when you committed the offense, you will receive a mandatory prison sentence that could include life in prison.

You will serve these mandatory sentences consecutively with the sentence the judge will give for the underlying offense.

A conviction under this statute will also require you to register on the sex offender registry. You must do so every year with the local police until the registration period ordered by the judge is over. Failing to register as a sex offender is a criminal offense. The penalty will depend on the severity of the underlying crime. You must notify the local police once you change your address and ensure that you continue registering at the local police station closest to your new address.

Object Sexual Penetration

According to § 18.2-67.2, you are guilty of animate or inanimate object sexual penetration if you penetrate the anus or vagina of a minor other than for medical purposes. You are also guilty under this law if you cause the victim to penetrate their anus or vagina using an object or if you cause the minor to penetrate or be penetrated by an animal. The prosecutor must demonstrate the following elements for the court to deliver a guilty verdict:

  • The victim of this offense was a minor aged 13 or younger.
  • You committed the said offense against their will using force, threats, intimidation, or
  • You took advantage of the victim’s physical or mental incapacity.

A violation of this statute is a felony, punishable by a minimum of five years in prison, which can go up to life under specific circumstances. Additionally, the judge can sentence you to a mandatory prison sentence of 25 years if you were older than the victim by three years or more when you committed the crime. If you were at least 18, you could receive a mandatory life sentence in prison. You will serve the mandatory sentence concurrently with the sentence you receive for the underlying offense.

The offense is also mandatory to register on the sex offender registry.

Sex Crimes Against Nature

According to § 18.2-361, it is unlawful for any person to engage in sexual acts with an animal. A violation of this law is a Class six felony.

The law also prohibits any adult from sexual acts with their daughter, son, grandchild, brother, sister, or parent. A violation of this law is a Class 5 felony. If a parent or grandparent engages in sexual acts with a child aged between 13 and 18, they will face Class 3 felony charges.

In this case, parent means the biological parent of the victim, adoptive parent, or step-parent. A child includes a biological, adopted, or stepchild.

Aggravated Sexual Battery

You could be guilty of aggravated sexual battery under § 18.2-67.3 if you sexually abuse a person, and the following elements apply to your case:

  • The victim of your crime is a minor aged 13 or younger, or
  • You accomplished the offense by taking advantage of the physical helplessness or mental incapacity of the victim or
  • You are the alleged victim’s parent or grandparent, and the victim was aged between 13 and 18 or
  • You committed the offense against the victim’s will using threats, force, or intimidation, and
    • The victim is aged between 13 and 15,
    • You caused the victim to suffer a severe mental or physical injury.
    • You threatened to use or used a dangerous weapon to accomplish the offense.

The prosecutor will also demonstrate that your actions were not part of a medical treatment by a professional like a massage therapist.

A violation of this statute is a felony, punishable by a maximum of twenty years in prison and $100,000 in court fines.

What To Do if You Face Charges for a Sex Crime Against a Child

Due to the gravity of sex crimes against children, it is crucial to be well-prepared to know what to do after your arrest. The best preparation you can make is to hire an experienced sex crimes attorney right after your arrest. Your attorney will protect your rights and streamline the legal process. They will also defend you solidly during the trial against your charges. You will likely enjoy a favorable outcome for your case when you engage the support of a skilled attorney.

Your attorney can use some of the best legal defense strategies to fight your charges and compel the judge to reduce or dismiss them. Examples of these strategies include the following:

That the Alleged Victim Was Not a Child

Your attorney can use this defense if you are sure that the alleged victim is or was not a minor at the time of the offense. You are only guilty of a sex crime against a child if you committed the offense against a child. If that is not the case, the judge will dismiss or reduce your charges, depending on the other facts of your case.

You Face False Accusations

Someone else could falsely accuse you of committing a sex crime against a minor. This is common in cases where your accuser seeks revenge or a way to get even with you. An aggrieved adult can incite or force a child to lodge false accusations against you because they are angry with you or wish to punish you for what you did or failed to do. A skilled sex crimes attorney will know best how to investigate such a case and defend you in court. The judge will dismiss your charges when that happens.

Police Misconduct

You can cite police misconduct to compel the judge to dismiss part or all of the evidence the police gathered against you. That could work if the arresting officer violated your rights during and after your arrest.

Find a Competent Sex Crime Attorney Near Me

Do you or someone you love face charges for a sex crime against a child in Virginia?

Sex crimes are highly punishable in Virginia. A conviction for a sex crime against a child will attract graver penalties, including lengthy prison time, a hefty court fine, and registration in the sex offender registry. A sex crime conviction will also impact various aspects of your life, including your social and professional lives. That is why you need the help of a skilled sex crime attorney for support and defense.

At Virginia Sex Crime Attorney, we work hard to investigate our client’s cases and gather compelling evidence against their charges. We do not rest until you obtain the best possible outcome for your case. Call us at 571-933-8494 to learn more about our services.