The MSNBC “to catch a predator” phenomenon has brought internet solicitation of minors into the spotlight. The Virginia Court of Appeals decided a case this week in which the petitioner claimed that Virginia’s anti-solicitation law was Constitutionally invalid. See Podracky v. Virginia., __ Va. App. _ (June 10, 2008).
Relying in large part on the logic of United States v. Williams (“Offers to engage in illegal
transactions are categorically excluded from First Amendment protection.”), the Virginia Court of Appeals held that the state could Constitutionally prohibit adults from engaging in speech that was intended to solicit a child into meeting them for a sexual act, as long as the adult knew, or had reason to believe, that the person on the other end of the chat room was a minor.
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November 7, 2008 at 5:28 am |
The part of the statute regarding the solicitation of a minor that I have a problem with is “knew or had reason to believe.” In the pretend world of chat rooms, it is very common for people to role play/pretend to be someone they are not. It is not at all uncommon for people to claim they are 16 or 17, when in fact they are 45. Both men and women do this all the time. The level of proof required to prove “knew or had reason to believe” before a Virginia jury is very low for the Commonwealth by virtue of the fact that the crime is allegedly committed against a minor.