Legal Question in Criminal Law in Virginia

What is the legal definition of "propose". I am charged with online solicitation. I made a couple of statements saying "I would..." and "I want to.." but never asked if they wanted to, which to me would be a proposal...asking something for consideration. I feel I simply made a statement to be funny. I did not travel to meet, or arrange a meeting, or send any graphic pictures. In Virginia, the statute is only proven true if I had "proposed" something. I feel like I just said something, with no consideration for the person on the other end.


Asked on 5/17/11, 10:58 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

In the Commonwealth, the prosecution will often construe statutory definitions of criminal conduct in the broadest manner possible in order to facilitate convictions. The statements which you're alleged to have made within a particular context (not referenced) apparently have been construed as an illegal proposal under the Virginia Criminal Code.

However, that by no means indicates that the Commonwealth's take on this particular matter is in fact necessarily correct, but you had best hire a competent criminal defense counsel ASAP (if you haven't already done so).

I should also note, however, that I disagree with you assessment that a proposal under the law in question necessarily requires "consideration" to qualify as a proposal for the purposes of this statute.

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Answered on 5/17/11, 1:13 pm
sheryl shane sheryl shane, attorney at law

Each judge is different with how they interpret words in statutes. Case law helps define.

You need an attorney. You certainly want to avoid this type of conviction. Good luck.

Attorney Sheryl Shane. Web: www.sherylshanelaw.com.

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Answered on 5/20/11, 5:21 am


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