A statute making it illegal for an adult to tongue-kiss a minor was signed into law by former Governor Tim Kaine in 2008.
Erick Alezndro Hernandez Tellez, 21, allegedly violated Virginia Code 18.2-370.6 by kissing a 12-year-old "female acquaintance."
According to a man who sponsored the measure, Delegate Riley Ingram, R-Chesterfield, this is the first time someone will be charged for violating the law.
"The one about French kissing?" Ingram told CBS 6 when asked about Tellez. "I don't know of anyone whose been arrested for that."
The code states:
"Any person 18 years of age or older who, with lascivious intent, kisses a child under the age of 13 on the mouth while knowingly and intentionally penetrating the mouth of such child with his tongue is guilty of a Class 1 misdemeanor."