The Virginia Court of Appeals will review some of the many charges against a convicted sex offender accused of indecent exposure in multiple girls’ locker rooms.
Richard Kenneth Cox, who is accused of entering public changing areas at Arlington Public Schools pools in order to undress and remain there while naked, has successfully challenged indictments on charges of illegal loitering near a school, WJLA reported this week. The rest of Cox’s charges are currently on hold pending an appeal of the Arlington County Circuit Court decision.
Cox, who is identified as male in court filings but uses she/her pronouns, was found guilty in February of two counts of possessing child pornography, but is still awaiting sentencing. The sex offender also continues to face numerous other charges in connection to the case: five counts of indecent liberties with a minor, five counts of indecent exposure, one count of identity theft and violations related to a Tier III sex offender’s proximity to children.
Attorney General Jay Jones is representing the prosecution in the appeals court, in a legal process that could take several months.
“The Commonwealth remains committed to ensuring that the law is applied correctly and consistently, and to pursuing justice through all appropriate legal channels,” Commonwealth’s Attorney Parisa Dehghani-Tafti said in a press statement.
Cox, who was previously convicted of nine counts of possession of child pornography in Fairfax County in 2007, was arrested in December 2024 at Barcroft Sports & Fitness Center following allegations of incidents after hours at Washington-Liberty High School and Wakefield High School.
The sex offender’s most recent arrest became a talking point for Republican candidate Winsome Earle-Sears during her unsuccessful bid for governor and was referenced in a lawsuit against the Arlington School Board and Fairfax County School Board from former Attorney General Jason Miyares (R) and 20 of his counterparts in other states.
On March 12, Circuit Court Judge Daniel Lopez dismissed several indictments against Cox on charges of illegal loitering near a school — finding that the statute in question is unconstitutional and in violation of the due process clause of the Fourteenth Amendment.
“For the reasons set forth below, the Court concludes that the statute fails to provide constitutionally sufficient notice of the conduct it prohibits and lacks adequate standards to guide enforcement,” Lopez wrote. “The statute is therefore void for vagueness.”
As is typically the case, the prosecution’s appeal is represented by Virginia’s Office of the Attorney General. The appeal process will involve a briefing from the prosecution, a response from the defendant and a reply from the commonwealth, possibly to be followed by an oral argument.
Regardless of the final outcome on the loitering indictments, Cox will be tried on the remaining charges and is still facing sentencing over the child pornography convictions, which could carry up to 20 years of incarceration.
Cox remains in the Arlington County Detention Center.
