Penalties and Stakes: The Real Cost of a Conviction

Understanding the potential consequences is the first step in appreciating the seriousness of these charges. In Virginia, the penalties are directly tied to the specific statute you are charged with violating, creating a vast difference in outcomes between a misdemeanor prostitution charge and a related felony.

Many individuals are shocked to learn the full scope of penalties they face. It’s not just a fine; it’s a permanent mark on your record that can follow you for the rest of your life. Let’s break down the distinction that matters most: felony vs. misdemeanor.

Misdemeanor Prostitution and Solicitation Penalties

The foundational statute is Virginia Code § 18.2-346, which covers both prostitution and solicitation. It states that any person who commits prostitution, or who solicits, entices, or invites another for the purpose of prostitution, is guilty of a Class 1 Misdemeanor.

The penalties for a Class 1 Misdemeanor in Virginia are severe and include:

• Jail Time: Up to 12 months in jail.
• Fines: A fine of up to $2,500.
• Permanent Criminal Record: A conviction creates a public and permanent criminal record that cannot be expunged if you are found guilty. This will appear on background checks for employment, housing, and professional licensing.

While this is a misdemeanor, the consequences are far from minor. A year in jail and a significant fine are life-altering penalties. The criminal record alone can be a lifelong barrier to opportunities.

Felony-Level Offenses: The Stakes Get Higher

This is where the real danger lies for many who are arrested in connection with commercial sex. Virginia law aggressively prosecutes activities surrounding and facilitating prostitution, classifying them as felonies. These charges often arise from the same investigation as a simple prostitution charge.

Key felony statutes include:

• Receiving Money from the Earnings of a Prostitute (Va. Code § 18.2-357): Commonly known as “pimping,” this law makes it illegal to knowingly receive money or other valuable things from the earnings of a male or female prostitute, not for a lawful consideration. This is a Class 4 Felony, punishable by two to ten years in prison and a fine of up to $100,000.
• Pandering (Va. Code § 18.2-349): This statute makes it a felony to compel or encourage someone to become a prostitute, arrange a situation for prostitution, or take money for finding a person for the purpose of illicit sexual intercourse. This is also a Class 4 Felony.
• Keeping a Bawdy Place (Va. Code § 18.2-347): While the first offense of frequenting or residing in a “bawdy place” (a location used for prostitution) is a misdemeanor, subsequent offenses or the act of keeping and maintaining such a place can lead to felony charges under different statutes, especially if minors are involved.

The chasm between a Class 1 Misdemeanor and a Class 4 Felony is immense. A felony conviction means the loss of fundamental civil rights, including the right to vote, own a firearm, and serve on a jury. It makes obtaining employment exponentially more difficult and carries a profound social stigma. This is why accurately identifying the specific charge against you is the most important initial step.

The Virginia Legal Process for Prostitution Charges

Navigating the Virginia court system for a prostitution-related charge is a formal and often intimidating process. From the moment of arrest, your case will proceed through distinct stages, primarily handled by local law enforcement, the Commonwealth’s Attorney’s office, and the Virginia General District or Circuit Courts.

Over my years in practice, I’ve guided countless clients through this very process. Knowing what to expect can demystify the journey and empower you to make informed decisions. Here is the typical path a case takes in Virginia.

1. Arrest and Investigation: Most arrests are the result of police sting operations, often involving online advertisements or undercover officers. Law enforcement, which could be a local city or county police department or the Virginia State Police, will gather evidence, which often includes text messages, recorded phone calls, and statements.
2. Booking and Bond: After an arrest, you will be taken to a magistrate. The magistrate will formally advise you of the charge and set a bond. Bond is a financial guarantee that you will appear for future court dates. You may be released on your own recognizance (a promise to appear) or be required to post a secured or unsecured bond.
3. Arraignment in General District Court: Your first court appearance is the arraignment, which takes place in the General District Court of the county or city where the offense allegedly occurred. At this hearing, the judge will again inform you of the charge and ask how you plead. This is a critical juncture where you should have legal counsel to advise you. All misdemeanor prostitution cases under § 18.2-346 are tried in this court.
4. The Role of the Commonwealth’s Attorney: The prosecutor for the state is the Commonwealth’s Attorney. This office will review the police report and evidence to decide how to proceed with the case. They are the opposing party in your case, and any negotiations for a plea agreement or dismissal will be conducted with them.
5. Pre-Trial and Trial (Misdemeanors): For misdemeanor cases in General District Court, there may be pre-trial motions to suppress evidence. The trial itself is heard by a judge, not a jury. The Commonwealth’s Attorney must prove every element of the crime beyond a reasonable doubt for a conviction.
6. Felony Proceedings in Circuit Court: If you are charged with a felony like pandering or receiving money, the process is more complex. Your case will begin in General District Court for a preliminary hearing. Here, a judge determines if there is probable cause to believe a felony was committed. If so, the case is “certified” to the grand jury. If the grand jury returns a “true bill” (indictment), your case moves to the Circuit Court for a full trial, where you have the right to a trial by jury.
7. Sentencing and Appeal: If convicted, the judge will impose a sentence within the statutory limits. For any conviction in General District Court, you have an absolute right to appeal the case to the Circuit Court for a new trial (a trial “de novo”).

The SRIS Virginia Prostitution Charge Assessment Checklist

When you are facing a charge, clarity is power. This checklist is a practical tool designed to help you organize the critical facts of your situation. It is not a substitute for legal advice, but a structured way to prepare for a productive conversation with an attorney.

Use this step-by-step guide to assess the specifics of your charge and understand what you are truly up against. Meticulous preparation is the foundation of a strong defense.

Navigating Your Defense: Potential Legal Strategies

Every criminal case is unique, but a successful defense is always built on a thorough investigation of the facts and a deep understanding of the law. For prostitution-related charges, several potential avenues of defense can be explored depending on the specific circumstances of the arrest.

An experienced attorney will meticulously dissect the Commonwealth’s case against you, looking for weaknesses and procedural errors. Here are some of the key strategies that we often evaluate and employ at Law Offices Of SRIS, P.C.

Challenging the Elements of the Offense

The prosecutor must prove every single element of the charged crime beyond a reasonable doubt. For a solicitation charge under § 18.2-346, this means proving there was an offer and an agreement to exchange a sexual act for money. If any element is missing, the case fails.

• No Agreement: Was there merely a vague conversation without a clear agreement on a specific act for a specific price? Ambiguity can be a powerful defense.
• Lack of Intent: The Commonwealth must prove you had the specific intent to engage in prostitution. If your words or actions can be interpreted in another way, it may defeat the element of intent.

The Entrapment Defense

This is a commonly misunderstood but powerful defense when applicable. Entrapment occurs when law enforcement induces a person to commit a crime that they were not otherwise predisposed to commit. It is not enough that the police provided the opportunity; they must have used improper persuasion or coercion.

Proving entrapment is a high bar. It requires showing that the idea for the crime originated with the police and that you were not ready and willing to engage in the illegal act. An attorney must carefully analyze the interactions between you and the undercover officer to determine if their conduct crossed the legal line from investigation to inducement.

Constitutional and Procedural Violations

Your rights under the U.S. and Virginia Constitutions are a shield against government overreach. If law enforcement violates these rights, it can lead to evidence being suppressed or the case being dismissed.

• Illegal Search and Seizure (Fourth Amendment): Did the police have a legal right to search your person, vehicle, or phone? If they obtained evidence like text messages from your phone without a warrant or probable cause, that evidence may be deemed inadmissible in court.
• Miranda Rights Violations (Fifth Amendment): If you were in custody (i.e., not free to leave) and the police questioned you without first reading your Miranda rights, any statements you made in response to that questioning could be suppressed.

Challenging Evidence Credibility

The strength of the prosecutor’s case often hinges on the credibility of their evidence and witnesses, particularly an undercover officer. A seasoned defense attorney can challenge the officer’s testimony, look for inconsistencies in their report and testimony, and question the reliability of any audio or video evidence presented.

Critical Mistakes to Avoid After an Arrest

In the stressful hours and days following an arrest, it is easy to make mistakes that can severely damage your case. The actions you take—or fail to take—can have a lasting impact on the outcome.

Having seen the unfortunate consequences of these missteps for over 20 years, I urge anyone facing a charge to avoid these common pitfalls.

1. Talking to the Police Without Counsel: This is the most critical mistake. Police are trained to elicit incriminating statements. You have a right to remain silent and a right to an attorney. Politely state that you will not answer any questions and wish to speak with a lawyer.
2. Believing a Misdemeanor Isn’t Serious: A Class 1 Misdemeanor is a serious criminal offense with the potential for jail time and a permanent record. Treating it lightly is a grave error that can lead to a lifetime of consequences.
3. Deleting Digital Evidence: Do not delete text messages, app conversations, or emails related to the incident. This can be viewed as obstruction of justice, a separate and serious crime. Let your attorney review the evidence and determine the correct legal strategy.
4. Ignoring Your Court Date: Failing to appear for a scheduled court date will result in a “capias,” which is a bench warrant for your arrest. It also complicates your case and shows the court you are not taking the matter seriously.
5. Contacting Other Parties Involved: Do not attempt to contact the other person involved in the alleged incident, whether it was an undercover officer or another civilian. This can be seen as witness tampering or intimidation.
6. Posting About Your Case on Social Media: Assume that anything you post online can and will be found by the prosecution. Do not discuss any aspect of your case on social media platforms.
7. Waiting Too Long to Hire an Attorney: The sooner you have an experienced legal professional on your side, the better. An attorney can begin preserving evidence, communicating with the prosecutor, and building your defense from day one. Delay can result in lost opportunities and weakened defenses.

Glossary of Key Virginia Legal Terms

The legal system has its own language. Understanding these terms is essential for comprehending your case.

Prostitution

As defined in Virginia, the act of committing, or offering to commit, a sexual act for money or its equivalent.

Solicitation

The act of enticing, inviting, or arranging for another person to engage in prostitution. In Virginia, it is covered under the same statute (§ 18.2-346) and carries the same penalty as prostitution itself.

Pandering

A felony offense that involves activities like compelling a person into prostitution, arranging encounters, or receiving money for procuring a person for sexual acts. A much more serious crime than simple prostitution.

Bawdy Place

A legal term for any location (like a house, hotel room, or vehicle) that is used for the purposes of prostitution or illicit sexual intercourse.

Commonwealth’s Attorney

The elected official in each Virginia county and city who acts as the prosecutor on behalf of the state in criminal cases.

General District Court

The court in Virginia where all misdemeanor cases are heard and where preliminary hearings for felony cases are conducted.

Class 1 Misdemeanor / Class 4 Felony

Categories of crimes in Virginia that dictate the range of punishment. A Class 1 Misdemeanor is the most serious type of misdemeanor, while a Class 4 Felony is a serious felony carrying a mandatory minimum prison sentence.

Common Scenarios & Questions

Real-world situations often generate the most pressing questions. Here are a few common scenarios our firm has encountered, reflecting the anxieties of those navigating these charges.

Scenario 1: “I was caught in a hotel sting after answering an online ad. The police took my phone. What happens now?”

This is the most common fact pattern for a solicitation arrest in Virginia. The police likely have the text or app conversation, and there may be audio or video from the hotel room. The evidence on your phone is a key concern. The police generally need a search warrant to go through your phone’s contents. An attorney would immediately scrutinize the warrant application for any defects. The focus of the defense would be to challenge the legality of the search and to analyze the conversation for any ambiguity that could negate the element of a clear “agreement.”

Scenario 2: “My friend was just giving me a ride, and I was arrested for prostitution. Now my friend is being charged too. How is that possible?”

Your friend could be charged under several theories, most likely Va. Code § 18.2-348 (Aiding prostitution). The Commonwealth’s Attorney may argue that by providing transportation to a known location for prostitution, your friend was facilitating or aiding the act. The friend’s knowledge and intent are the key legal issues. Did they know the purpose of the trip? Proving this knowledge can be difficult for the prosecution, and this forms the core of the defense for the person charged with aiding.

Scenario 3: “I am not a U.S. citizen. How will a prostitution charge affect my immigration status?”

This is an extremely serious concern. While a single misdemeanor prostitution conviction is not automatically a deportable offense, it is considered a Crime Involving Moral Turpitude (CIMT). A CIMT conviction can have devastating immigration consequences, making it difficult or impossible to renew a visa, apply for a green card (lawful permanent residence), or become a U.S. citizen. For non-citizens, avoiding a conviction is paramount, and any potential plea must be carefully reviewed by an attorney with knowledge of both criminal and immigration law.

Frequently Asked Questions

Is prostitution a felony in Virginia for a first offense?

No. For a first offense, the act of prostitution or soliciting prostitution is a Class 1 Misdemeanor under Va. Code § 18.2-346.

What is the difference between prostitution and pandering in Virginia?

Prostitution involves the exchange of a sexual act for money. Pandering is a felony that involves causing, persuading, or arranging for someone else to become a prostitute. Pandering targets the facilitator, not the participants in the act itself.

Will a prostitution conviction show up on a background check?

Yes. A conviction for any criminal offense in Virginia, including a Class 1 Misdemeanor, results in a permanent criminal record that is public and will appear on standard background checks for employment, housing, and other purposes.

Can I get a prostitution charge expunged from my record in Virginia?

In Virginia, you cannot expunge a criminal conviction if you were found guilty. An expungement is only possible if the charge was dismissed, acquitted (found not guilty), or nolle prosequi (the prosecutor dropped the charge).

Do I have to register as a sex offender if convicted of prostitution in Virginia?

No. A conviction for misdemeanor prostitution or solicitation under § 18.2-346 does not require registration on the Virginia Sex Offender Registry. However, some felony-level sex offenses do carry this requirement.

What is considered “solicitation” in Virginia?

Solicitation is the act of inviting, enticing, or offering to engage in prostitution. This can be done through words, actions, or online messages. It carries the same penalty as the act of prostitution.

Is it illegal to be a “John” in Virginia?

Yes. The act of soliciting or paying for sex is illegal under the same statute (§ 18.2-346) as prostitution. The person paying for the act (the “John”) is just as culpable as the person receiving payment and faces the same Class 1 Misdemeanor charge.

What should I do if police contact me about an online ad?

Do not speak with them. You are not required to answer their questions. Politely decline to speak and contact a criminal defense attorney immediately. Anything you say can be used to build a case against you.

Can I be charged if no sex or money actually changed hands?

Yes. The crime of solicitation is complete the moment there is an agreement to exchange a sexual act for money. The act itself does not need to take place for the police to make an arrest and for the prosecutor to bring charges.

What is a “nolle prosequi”?

This is a Latin legal term meaning the Commonwealth’s Attorney has decided to drop the charges for now. While this is a good outcome, it is not a final dismissal. The prosecutor can technically bring the charges back later if new evidence appears, though this is rare. A charge dismissed this way is eligible for expungement.

How does a felony conviction differ from a misdemeanor?

A felony conviction is far more severe. It involves potential prison time (over one year), loss of civil rights (voting, firearm ownership), and a much greater stigma that severely impacts employment and housing opportunities for life.

Is a third prostitution offense a felony?

Yes. Under Virginia Code § 18.2-346, a third or subsequent conviction for prostitution or solicitation is elevated to a Class 6 Felony, punishable by one to five years in prison, or, at the discretion of the jury or court, lesser penalties of up to 12 months in jail and a fine.