A. Any person 18 years of age or over, who, with lascivious intent, knowingly and intentionally commits any of the following acts with any child under the age of 15 years is guilty of a Class 5 felony:
(1) Expose his or her sexual or genital parts to any child to whom such person is not legally married or propose that any such child expose his or her sexual or genital parts to such person; or
(2) [Repealed.]
(3) Propose that any such child feel or fondle his own sexual or genital parts or the sexual or genital parts of such person or propose that such person feel or fondle the sexual or genital parts of any such child; or
(4) Propose to such child the performance of an act of sexual intercourse, anal intercourse, cunnilingus, fellatio, or anilingus or any act constituting an offense under § 18.2-361; or
(5) Entice, allure, persuade, or invite any such child to enter any vehicle, room, house, or other place, for any of the purposes set forth in the preceding subdivisions of this subsection.
B. Any person 18 years of age or over who, with lascivious intent, knowingly and intentionally receives money, property, or any other remuneration for allowing, encouraging, or enticing any person under the age of 18 years to perform in or be a subject of sexually explicit visual material as defined in § 18.2-374.1 or who knowingly encourages such person to perform in or be a subject of sexually explicit material is guilty of a Class 5 felony.
C. Any person who is convicted of a second or subsequent violation of this section is guilty of a Class 4 felony, provided that (i) the offenses were not part of a common act, transaction or scheme; (ii) the accused was at liberty as defined in § 53.1-151 between each conviction; and (iii) it is admitted, or found by the jury or judge before whom the person is tried, that the accused was previously convicted of a violation of this section.
D. Any parent, step-parent, grandparent, or step-grandparent who commits a violation of either this section or clause (v) or (vi) of subsection A of § 18.2-370.1 (i) upon his child, step-child, grandchild, or step-grandchild who is at least 15 but less than 18 years of age is guilty of a Class 5 felony or (ii) upon his child, step-child, grandchild, or step-grandchild less than 15 years of age is guilty of a Class 4 felony.
Code 1950, §§ 18.1-213 through 18.1-215; 1960, c. 358; 1973, c. 131; 1975, cc. 14, 15; 1979, c. 348; 1981, c. 397; 1986, c. 503; 2000, c. 333; 2001, cc. 776, 840; 2005, cc. 185, 762; 2013, cc. 423, 470; 2014, c. 794.
Notes of Decisions
Cited in
175
cases (
38 in the last 5 years), 1981–2026 · leading case:
Dietz v. Commonwealth, 804 S.E.2d 309 (Va. 2017).
Dietz v. Commonwealth, 804 S.E.2d 309 (Va. 2017).
· cites it 56× “2 Upholding the conviction, the Court of Appeals of Virginia rejected Dietz's argument that the Commonwealth's evidence was insufficient to prove she committed the offense. We affirm the judgment of the Court of Appeals.”
Simon v. Commonwealth, 708 S.E.2d 245 (Va. Ct. App. 2011).
· cites it 12× “Richard Abner Simon (appellant) appeals from his jury trial conviction for indecent liberties in violation of Code § 18.2-370. On appeal, he contends the trial court erred in refusing to instruct the jury on indecent exposure, proscribed by Code § 18.”
Hix v. Com., 619 S.E.2d 80 (Va. 2005).
· cites it 16× “Thomas Edward Hix was convicted by a jury in the Circuit Court of Stafford County of attempted indecent liberties with a minor, Code § 18.2-370 (the "attempted indecent liberties statute"), and the use of a computer to solicit a minor, Code § 18.”
Viney v. Com., 609 S.E.2d 26 (Va. 2005).
· cites it 8× “In a bench trial in the Circuit Court for the City of Hampton, Pernell Lee Viney ("Viney") was convicted of two counts of taking indecent liberties with a child in violation of Code § 18.2-370. On appeal, Viney argues that there was insufficient evidence of lascivious intent to…”
Moses v. Commonwealth, 611 S.E.2d 607 (Va. Ct. App. 2005).
· cites it 16× “2d 350, 352-53 (1998) (construing the portion of Code § 18.2-370 that proscribed "knowingly and intentionally `expos[ing] [one's] sexual or genital parts to any child'"), underscores the conclusion that the General Assembly codified the common law requirement.”
Colbert v. Commonwealth, 624 S.E.2d 108 (Va. Ct. App. 2006).
· cites it 9× “3(B)(iv) and Code § 18.2-370. It would be inconsistent, therefore, to impose the offender registration requirement on one convicted of attempted indecent liberties with a minor, in the absence of an actual minor victim, and yet not impose the registration requirement on one…”
Mason v. Commonwealth, 636 S.E.2d 480 (Va. Ct. App. 2006).
· cites it 8× “each took nude photos of each other, appellant contends she did not possess lascivious intent at the time the photos were produced.”
Holley v. Commonwealth, 562 S.E.2d 351 (Va. Ct. App. 2002).
· cites it 12× “Terry Lynn Holley (appellant) was convicted in a bench trial of taking indecent liberties with a child, in violation of Code § 18.2-370. On appeal, he contends the trial court erred in finding the evidence sufficient to prove beyond a reasonable doubt that he displayed his…”
Frantz v. Commonwealth, 388 S.E.2d 273 (Va. Ct. App. 1990).
· cites it 20× “[4] Code § 18.2-370 states in pertinent part: Any person eighteen years of age or over, who with lascivious intent, shall knowingly and intentionally: .”
Robert McKinley Blankenship v. Commonwealth of Virginia, 823 S.E.2d 1 (Va. Ct. App. 2019).
· cites it 3× “) of Chapter 4 or § 18.2-370, 18.2-370.01, or 18.2-370.1 or any substantially similar offense under the laws of another state or territory of the United States, the District of Columbia, or the United States.”
— Va. Code Ann. § 18.2-370(1) — 8 cases
Moses v. Commonwealth, 611 S.E.2d 607 (Va. Ct. App. 2005).
“2d 350, 352-53 (1998) (construing the portion of Code § 18.2-370 that proscribed "knowingly and intentionally `expos[ing] [one's] sexual or genital parts to any child'"), underscores the conclusion that the General Assembly codified the common law requirement.”
— Va. Code Ann. § 18.2-370(2) — 1 case
— Va. Code Ann. § 18.2-370(3) — 1 case
— Va. Code Ann. § 18.2-370(4) — 4 cases
— Va. Code Ann. § 18.2-370(5) — 1 case
— Va. Code Ann. § 18.2-370(6) — 1 case
Frantz v. Commonwealth, 388 S.E.2d 273 (Va. Ct. App. 1990).
“[4] Code § 18.2-370 states in pertinent part: Any person eighteen years of age or over, who with lascivious intent, shall knowingly and intentionally: .”
— Va. Code Ann. § 18.2-370(A) — 18 cases
— Va. Code Ann. § 18.2-370(A)(1) — 27 cases
Dietz v. Commonwealth, 804 S.E.2d 309 (Va. 2017).
“2 Upholding the conviction, the Court of Appeals of Virginia rejected Dietz's argument that the Commonwealth's evidence was insufficient to prove she committed the offense. We affirm the judgment of the Court of Appeals.”
Simon v. Commonwealth, 708 S.E.2d 245 (Va. Ct. App. 2011).
“Richard Abner Simon (appellant) appeals from his jury trial conviction for indecent liberties in violation of Code § 18.2-370. On appeal, he contends the trial court erred in refusing to instruct the jury on indecent exposure, proscribed by Code § 18.”
Robert McKinley Blankenship v. Commonwealth of Virginia, 823 S.E.2d 1 (Va. Ct. App. 2019).
“) of Chapter 4 or § 18.2-370, 18.2-370.01, or 18.2-370.1 or any substantially similar offense under the laws of another state or territory of the United States, the District of Columbia, or the United States.”
Viney v. Com., 609 S.E.2d 26 (Va. 2005).
“In a bench trial in the Circuit Court for the City of Hampton, Pernell Lee Viney ("Viney") was convicted of two counts of taking indecent liberties with a child in violation of Code § 18.2-370. On appeal, Viney argues that there was insufficient evidence of lascivious intent to…”
— Va. Code Ann. § 18.2-370(A)(3) — 4 cases
— Va. Code Ann. § 18.2-370(A)(4) — 4 cases
— Va. Code Ann. § 18.2-370(A)(5) — 3 cases
Dietz v. Commonwealth, 804 S.E.2d 309 (Va. 2017).
“2 Upholding the conviction, the Court of Appeals of Virginia rejected Dietz's argument that the Commonwealth's evidence was insufficient to prove she committed the offense. We affirm the judgment of the Court of Appeals.”
— Va. Code Ann. § 18.2-370(B) — 2 cases
— Va. Code Ann. § 18.2-370(C) — 1 case
— Va. Code Ann. § 18.2-370(D) — 3 cases
— Va. Code Ann. § 18.2-370(D)(i) — 1 case
— Va. Code Ann. § 18.2-370(D)(ii) — 2 cases
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