Dietz v. CommonwealthAnnotate this Case
The Supreme Court affirmed the judgment of the Court of Appeals rejecting Defendant’s argument that the evidence was insufficient to prove she committed the offense of using a cell phone for “purposes of procuring or promoting” one of her eleven-year-old students for activity that would violate Va. Code 18.2-370 (taking indecent liberties with children). Defendant, an elementary school teacher, argued on appeal that the Commonwealth’s evidence was insufficient to prove she committed the offense. The Court of Appeals affirmed. The Supreme Court affirmed, holding (1) no third-party communication is required for a violation of Va. Code 18.2-374.3(B); and (2) a rational fact-finder could have determined beyond a reasonable doubt that, in violation of section 18.2-374.3(B), the purpose of Defendant’s communication was to move forward with a scheme of taking indecent liberties with the victim as proscribed under section 18.2-370.