Virginia Prostitution and Solicitation Laws

Prostitution is thought to be a serious sexual crime in the state of Virginia and the conviction carries both jail time as well as huge fines. Virginia Prostitution and Solicitation Laws criminalize the suggestion of, arrangement to, or contribution in any type of sexual act for payment. Specifically, prostitution takes place when a person trades sexual actions or favors, sexual contact, or any other sexual acts for monetary or other reimbursement. It is considered to be a Class 1 malfeasance, which is punishable for up to 12 months in jail or/and a minimum of $2500 fine.

In the state of Virginia, solicitation is also considered to be a serious crime. Correspondingly, the acquirement of or attempt to acquire sexual favors, voluptuous contact, or the likes by means of disbursing another person for services rendered carries the same consequences. Irrespective of whether you are asking for services or offering them, both the individuals involved are punished by the law.

Associated Crimes

Pandering or endorsing prostitution, normally termed as “pimping” or human trafficking are penalized even more harshly. By taking and/or detaining an individual for purposes of prostitution, accepting money for placing an individual in a location or state for the purpose of unlawful sexual activities, or accepting money from the earnings of a male or female prostitute, one faces Class 4 felony charges according to Virginia Prostitution and Solicitation Laws.

Virginia Code §18.2-346 -18.2-359

What is prohibited?

Prostitution

  1. Both offering as well as accepting;
  2. Sexual activities;
  3. Exchanged for something valuable; and
  4. Both the parties involved had the intent to commit either solicitation or prostitution.

Solicitation

Promoting prostitution: possessing, supervising, managing, overseeing or likewise keeping, alone or in association with another individual, a home of prostitution or either a prostitution business.

Who can be prosecuted?

  1. Prostitute (dealer of sexual services)
  2. Client/”John” (advocate of sexual services)
  3. Pimp/Madame (connection involved in the sexual transaction)
  4. Anyone involved in the practices of human trafficking

Penalties

“Prostitution: class 1 misdemeanor penalties including mandatory STD testing such as hepatitis C and HIV and must enroll in mandatory mental health counseling and STD education.”

What is Considered Payment?

Money or something else of value in return for the sexual facilities is adequate (for instance property).

Definition of “Sexual Activity”

Any type of sexual relations comprising of customary sexual intercourse, oral sex, masturbation, fondling the sexual body parts including the buttocks.

Because Virginia Prostitution and Solicitation Laws can sometimes get very complicated, it might also be a very good idea to refer to an experienced Virginia criminal defense attorney who will readily answer all your questions regarding the specific case.

Virginia Sex Crimes Defense Lawyer