Use of communications system to expose sexual or genital parts to a child; penalty.
Summary
HB2310 amends Virginia law governing the use of communications systems to commit or facilitate sexual offenses involving children. The bill specifically adds a new offense making it unlawful for an adult to use a communications system, including computers, networks, bulletin boards, or other electronic means, with lascivious intent to expose his sexual or genital parts to a child age 15 or older. That conduct is classified as a Class 1 misdemeanor. The bill also retains and restates existing felony provisions covering online solicitation of minors for sexual acts, exposure, and related conduct involving children under 15, as well as solicitation of minors ages 15 to under 18 for specified sexual offenses.
Impact
The bill amends and reenacts Code of Virginia §§ 17.1-805 and 18.2-374.3. In practical terms, the main substantive change is the creation of a new misdemeanor offense for online or electronic sexual exposure directed at minors age 15 or older, while leaving the existing felony framework for child sexual solicitation and related communications-based offenses in place. The bill also updates the sentencing-guideline statute by including 18.2-374.3 among violent felony offenses for purposes of enhanced sentencing calculations, which can affect how prior convictions are treated in future felony sentencing recommendations.
Sentiment
The bill appears to have broad bipartisan support and little visible opposition. It advanced unanimously through a House subcommittee, the House Courts of Justice Committee, and both chambers, passing the House 99-0 and the Senate 39-0. The voting history suggests the measure was viewed as a targeted child-protection and public-safety bill rather than a controversial criminal-justice change.
Contention
No recorded committee debate or dissent is provided, and the votes were unanimous at every stage, so there is no documented contention in the available materials. The most notable policy choice is the addition of a Class 1 misdemeanor for sexual exposure via communications systems involving older minors, which may have been intended to fill a gap between existing felony solicitation statutes and less severe conduct. Because the bill also ties the offense into violent-felony sentencing guidelines, any future debate would likely center on proportionality, sentencing consequences, and the scope of electronic communications covered.