Apr 11, 2018 Exposing genitals to a minor is a crime in Virginia whether live or online
Virginia criminal lawyer warns to keep one’s birthday suit clothed in the presence of children
Exposing genitals to a minor can get an adult in hot water in Virginia. As a Fairfax criminal lawyer, I know that too many adults will intentionally expose their genitals to children, many times without asking for permission from the children (as creepy as such a request would be) and sometimes asking for their permission. The criminal law exposure for doing so can be devastating.
Fairfax criminal lawyer on a solution for mutually attracted adults who wish to show each other their nudity
If viewing nude images was not so widely popular, Playboy, Penthouse, Hustler, and adult videos never would have reached their high levels of profitability. However, those three magazines and the more mainstream and well-heeled adult film makers are presumably meticulous at assuring that their models are adults (although Traci Lords a few decades ago slipped through that age checking). An adult with a raging libido is less likely to be so careful nor successful about age-checking in the heat of passion with a potential sexting or sex partner. Raging passion should never eclipse well-reasoned action.
Fairfax criminal lawyer confirms that a Virginia conviction for exposing genitals to a minor does not require live flashing
A Virginia conviction for exposing genitals to a minor does not require live flashing. Such a conviction can be obtained for Snapchatting or any other means of online delivery. Hillman v. Virginia, ___ Va. App. ___ (April 3, 2018). Then-youth church pastor Hillman (22 at the time) did not paint a sympathetic picture. His alleged fourteen-year-old victim sought him out for counseling due to past sexual abuse. Instead, he ended up exchanging explicit photos with the teenager (with his images including his erection, and her images including toplessness). I like that Hillman’s appellate lawyer argued that prior Virginia appellate caselaw supports that such a crime only applies to live flashing, but the Court of Appeals rejected that argument, in analyzing Va. Code § 18.2-370 (flashing those under 15 years old) and Va. Code § 18.2-374.3 (flashing by computer or other electronic means).
As a Virginia lawyer, I know that mooning children or otherwise exposing one’s bare buttocks does not violate the above-two anti-flashing laws. However, if one’s genitals are exposed in the process, a flashing conviction is possible. Moyer v. Virginia, 30 Va. App. 744 (1999). We are born in birthday suits, but as adults we risk criminal prosecution depending on how we expose our nudity.
Virginia criminal lawyer Jonathan L. Katz has successfully defended scores of people charged with sex-related crimes, and thousands of criminal defendants since 1991. Jon will be delighted to discuss your case with you, by scheduling a confidential consultation through his staff, at 703-383-1100.