§ 18.2-346

Prostitution; commercial sexual conduct; commercial exploitation of a minor; penalties

A. Any person who, for money or its equivalent, (i) commits adultery, fornication, or any act in violation of § 18.2-361, performs cunnilingus, fellatio, or anilingus upon or by another person, or engages in anal intercourse or (ii) offers to commit adultery, fornication, or any act in violation of § 18.2-361, perform cunnilingus, fellatio, or anilingus upon or by another person, or engage in anal intercourse and thereafter does any substantial act in furtherance thereof is guilty of prostitution, which is punishable as a Class 1 misdemeanor.

B. Any person who offers money or its equivalent to another for the purpose of engaging in sexual acts as enumerated in subsection A and thereafter does any substantial act in furtherance thereof is guilty of solicitation of prostitution, which is punishable as a Class 1 misdemeanor. However, any person who solicits prostitution from a minor (i) 16 years of age or older is guilty of a Class 6 felony or (ii) younger than 16 years of age is guilty of a Class 5 felony.

History

Code 1950, § 18.1-194; 1960, c. 358; 1975, cc. 14, 15; 1980, c. 534; 1993, c. 609; 2013, cc. 417, 467; 2014, c. 794.

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Keyboard Guide

Court Decisions

Hensley v. City of Norfolk (SCV, 10/10/75)
. . . quot; is defined by statute. See Code | 18.2-346. The term "illicit sexual intercourse" . . .
Branche v. Com. (COA, 09/02/97)
. . . statutory scheme found in Code §§ 18.2-29 and 18.2-346. Code § 18.2-29 provides that a person . . .
Golden v. Com. (COA, 09/28/99)
. . . warrant, for prostitution, a violation of Code § 18.2-346, which provides, in pertinent part, that . . .
Dickerson v. City of Richmond (COA, 07/01/86)
. . . therefore requires no separate examination. See Code § 18.2-346. . . .
McFadden v. Commonwealth (COA, 10/07/86)
. . . because when the General Assembly amended Code | 18.2-346 to include within its proscription an act . . .
Mitchem v. Counts (SCV, 01/14/00)
. . . misdemeanors. On brief, Mitchem also cited Code § 18.2-346, which prohibits acts of prostitution, . . .
Wolfe v. Com. (COA, 04/13/04)
. . . included within the prostitution statute, Code § 18.2-346, by legislative amendment which . . .
Hanpar, Inc. v. Atkinson (District Court, E.D. Virginia, 07/30/80)
. . . and charged with prostitution under Va.Code § 18.2-346. On January 11, 1980, *114 this employee . . .
Bakran v. Com. (COA, 10/26/10)
. . . 338 (1983)). . . .
Podracky v. Com. (COA, 06/10/08)
. . . the statute that prohibits prostitution, Code § 18.2-346, is not mentioned in either the former or . . .

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Amendment Attempts

HB992: Prostitution; definition thereof. (failed)
HB1248: Prostitution; expands to a Class 1 misdemeanor. (failed)
HB701: Anti-prostitution community service program; suspension of sentence for first-time offenders. (failed)
HB2440: Prostitution; expungement of charge if person was forced. (failed)
HB1074: Prostitution; Class 1 misdemeanor for solicitation from a minor. (failed)
HB1465: Prostitution, forced; expungement of charges. (failed)
HB1541: Prostitution, forced; expungement of charges. (failed)
HB1606: Prostitution; solicitation of a minor, penalty. (passed)
HB1991: Prostitution; disposition of minors. (failed)
SB1015: Prostitution; solicitation of a minor, penalty. (passed)
SB1149: Prostitution; disposition of minors.
SB1273: Prostitution, forced; vacating conviction, expungement of police and court records. (failed)
HB716: Trafficking in persons; penalties. (failed)
HB914: Fornication; repeal. (failed)
SB373: Trafficking in persons; penalties. (failed)
HB1596: Prostitution; affirmative defense to prosecution. (failed)
HB716: Trafficking in persons; penalties. (failed)
SB710: Human trafficking; new felonies created, penalties.
HB679: Prostitution; affirmative defense. (failed)
SB131: Prostitution; affirmative defense. (failed)
SB180: Prostitution; juveniles engaged in commercial sexual conduct, participation in specialized services. (failed)
HB138: Fornication; repeals crime. (failed)
HB412: Marriage-related criminal laws; gender-neutral terms, adultery repeal, penalty. (failed)
HB984: Prostitution; minors. (failed)
HB1701: Gender-neutral terms; assisted conception, prohibitions on same-sex marriage and civil unions, etc. (failed)
SB1603: Human trafficking; prevention and awareness. (failed)
HB1524: Prostitution; touching the unclothed genitals or anus of another, penalty. (passed)
HB245: Fornication; repeal. (passed)
HB623: Gender-neutral terms; prohibitions on same-sex marriage and civil unions removed from Code. (passed)
HB2169: Prostitution; reorganizes the statute penalizing into two distinct sections.
HB2169: Prostitution; reorganizes the statute penalizing into two distinct sections.
HB413: Sex trafficking; minors engaged in prostitution, etc. (failed)
SB664: Sex trafficking; minors engaged in prostitution, etc. (failed)