Viney v. Com.

DONALD W. LEMONS, Justice.

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 sustain his convictions.

I. Facts and Proceedings Below

A. Background

On April 14, 2002, thirteen-year-old A.L. and nine-year-old H.H. rode their bicycles to Tyler Elementary School to play. As they were playing, both girls noticed Viney's maroon car enter a parking lot adjacent to the…