711 S.E.2d 228
Va. Ct. App.2011Background
- Appellant George H. Spiker, Jr. was convicted by jury on five counts of computer solicitation of a minor under Code § 18.2-374.3.
- Detective Patrick Siewart illegally posed as a 13-year-old girl online to identify potential predators in Louisa County.
- Between January 14 and February 18, 2009, the undercover officer communicated with 'Mustangman6567' who was later identified as Spiker.
- On the last contact, Spiker described a meeting location and vehicle, and was apprehended in Gum Springs, Louisa County.
- Spiker argued venue was improper in Louisa County because the crime occurred where he sent messages (Henrico).
- The trial court denied the venue challenge; the Court of Appeals affirmed, holding venue proper in Louisa because the offense was complete when the recipient received the communications in Louisa.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether venue was proper in Louisa County | Spiker contends venue lies in Henrico, where messages were sent | Commonwealth argues venue lies where the offense was completed based on receipt in Louisa | Venue proper in Louisa |
Key Cases Cited
- Morris v. Commonwealth, 51 Va.App. 459, 658 S.E.2d 708 (2008) (sets venue standard when challenged on appeal)
- Cheng v. Commonwealth, 240 Va. 26, 393 S.E.2d 599 (1990) (strong presumption of venue; direct or circumstantial evidence may establish it)
- Jaynes v. Commonwealth, 276 Va. 443, 666 S.E.2d 303 (2008) (immediate result doctrine; jurisdiction for prohibited communications arising outside the Commonwealth)
- Kelso v. Commonwealth, 282 Va. 134, 710 S.E.2d 470 (2011) (venue may be proper in multiple jurisdictions when conduct spans actions across jurisdictions)
- Goble v. Commonwealth, 57 Va.App. 137, 698 S.E.2d 931 (2010) (applies venue principles to online/eBay-type scenarios)
- Pierce v. Pierce, 792 N.W.2d 83 (2010) (venue for electronic communications correlates with receipt location)
- Hitchcock v. State, 746 So.2d 1143 (1999) (venue when sending/receiving electronic communications across counties)
- States v. Pierce, N/A (2010) (Minnesota court on electronic communication venue)