Jun 21, 2017 Virginia criminal defense — Mere stating of sexual desire cannot get a conviction for soliciting a minor for sex
A conviction for soliciting a minor for sexual activity can bring harsh sentencing. Va, Code § 18.2-374.3.
In an unpublished 2-1 opinion, Virginia’s Court of Appeals on May 30, 2017, reversed Mark Murgia’s conviction under said statute, because as disgusting as his words were to a sixteen-year-old woman, he was stating desire rather than inviting the minor female to join with him, even when he texted her in minute detail about the dream he had recently had in which he was engaging in sex with her. Murgia v. Virginia, Record No. 0788-16-1 (Va. App., May 30, 2017) (unpublished).
With Murgia’s being a 2-1 opinion, the possibilities seem all the higher that this case will be considered by the Virginia Court of Appeals sitting en banc.