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Conviction under lesser included offense reversed (access required)

Where appellant was indicted under Code § 18.2-374.3(C) for using a “communications system to solicit, with lascivious intent, a person the accused knows or believes to be younger than fifteen years old[,]” but the court sua sponte convicted him under Code § 18.2-374.3(D), which pertains to persons at least 15 years old but younger than ...