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Last Modified on Dec 22, 2025
The language used in Virginia’s online sexual exploitation laws can be confusing and overwhelming for those under investigation or facing charges. The growing complexity of technology, combined with heightened enforcement efforts, leads to more frequent cases where people are accused of using these platforms in exploitative ways, intentionally or inadvertently
Many people don’t consider how their online behavior can break laws or be used as evidence against them in a case. Find out how Virginia exploitation laws impact your online interactions and why you need to hire a dedicated sex crime lawyer if you’re under investigation.
How Virginia Defines Online Sexual Exploitation
Cases of internet sexual exploitation are usually prosecuted in Virginia under several important statutes. The most typically charged laws include:
- Section 18.2-374.3: Using communications networks to ask, lure, or suggest a sexual act to a minor
- Section 18.2-374.1: Possession, reproduction, distribution, or facilitation of child pornography
- Sections 18.2-361 and 18.2-370/370.1: Various charges, including indecent liberties with children
- Sections 18.2-251.2 and 18.2-386.1: Illegal production or distribution of pictures
Every law is worded a little differently. However, they all criminalize broadly similar conduct involving harmful or predatory online communications
Virginia Code § 18.2-26 makes it a crime to even attempt any of these offenses. A person can be charged with an attempted offense solely based on their online chats. There doesn’t have to be any physical meeting or exchange. In other words, your online chat, a bad joke, or a conversation with an undercover cop who you thought was a minor could land you in legal trouble.
A 2021 national survey by the JAMA Network of 2,639 young adults asked participants about their online experiences before age 18. The results showed the following:
- 6% had experienced online child sexual abuse.
- 11% had experienced image-based sexual abuse.
- 2% had encountered both self-produced child sexual abuse images and nonconsensual sexting.
- 4% encountered online grooming by adults.
- 5% experienced sextortion.
Virginia Sexual Exploitation Penalties
Virginia online sexual exploitation penalties vary based on the statute, the age of the purported victim, and whether the charges are filed in state or federal court. The majority of these sexual offenses are categorized as class five or class six felonies. Numerous sex offenses against children below specified ages become unclassified felonies with required minimum sentences.
Federal charges are harsher still. If investigators suspect that any part of the online behavior involved crossing state or federal lines, the defendant may be subject to mandatory minimum jail time under a host of federal child exploitation laws. Federal agencies, including Homeland Security (HSI) and the FBI, often get involved in these investigations.
In addition to jail time, other penalties may include:
- Lifetime sex offender registration
- Probation with internet restrictions
- Loss of employment
- Difficulty finding housing
- General reputational damage
Sex crime penalties can impact every facet of a defendant’s life long after the case is over.
Hire a Sex Crime Lawyer
Online exploitation accusations spread rapidly, which leads to investigations. Defendants must protect their rights from the beginning. Digital evidence typically presents technical challenges, may lack completeness, and sometimes is misinterpreted because of its context. Devices can be shared by family members, accounts can be hacked, and conversations can be misconstrued.
A sex crime attorney can help right away by:
- Challenging the legality of the search warrant
- Examining how law enforcement obtained the evidence
- Evaluating whether forensic tools were used correctly
- Identifying constitutional issues
Entrapment often serves as a key defense because officers conducting undercover operations must adhere to strict guidelines that prevent them from inducing behavior that would not have naturally emerged.
These cases possess extraordinary complexity in both legal terms and technological aspects. This is why it’s important to hire a sex crime lawyer to develop an effective strategy.
FAQs
Can You Record Someone Without Consent in Virginia?
Recording without consent can be illegal in Virginia in certain situations. The state has a one-party consent law for audio recording, but the legality of video recording without consent is more complex. It is generally not illegal to record someone in public in Virginia, but there are some exceptions. It’s against Virginia law to secretly photograph or film sexual content or people in a private area, such as a bathroom.
Is Online Sexual Exploitation of a Minor a Felony in Virginia?
Yes, online sexual exploitation of a minor is a felony in Virginia. Most sexual exploitation offenses that occur online and involve a minor are charged as felonies in the state. The severity of the charge depends on the child’s age, the conduct, and whether the offense included the distribution or creation of explicit material.
Can a Secret Recording Be Used as Evidence in a Virginia Sexual Exploitation Case?
Yes, in many instances, a secret recording can be used as evidence in a Virginia sexual exploitation case. Since Virginia is a one-party consent state for audio, you can legally record a conversation that you are a part of. Secretly recording conversations that you are not a part of may break wiretapping laws. Video recordings will vary based on the expectation of privacy and may be further restricted.
What Evidence Do I Need to Report Sexual Exploitation in Virginia?
When reporting sexual exploitation in Virginia, it is helpful to have as much information as possible. This information may include screenshots of messages, call logs, emails, social media posts, videos, or statements from witnesses. You may also want to include a timeline of events, any saved voicemails, and evidence of repeated unwanted contact. A more detailed report with clear evidence can make it easier for law enforcement to act.
Contact Johnson/Citronberg Today
If you have been accused of online sexual exploitation, seek legal assistance right away. Sexual exploitation accusations and convictions can come with steep legal penalties as well as personal and professional consequences. Beyond penalties like fines and imprisonment, you can face serious damage to your reputation, relationships, and employment opportunities in the future.
You need knowledgeable legal counsel guiding you through every stage of the process. Johnson/Citronberg can fight for your rights and freedoms. Our team can help you understand your legal options and work toward the most favorable outcome possible in your case. Contact us today to schedule your initial consultation.
