A Veteran Attorney’s Guide to Virginia’s Prostitution Laws
Key Takeaways on Virginia Prostitution Charges
- Serious Criminal Offense: In Virginia, prostitution and solicitation are Class 1 misdemeanors under Va. Code § 18.2-346, carrying penalties of up to 12 months in jail and a $2,500 fine.
- Permanent Record: A conviction creates a permanent criminal record that is publicly accessible and can severely impact employment, housing, and professional licenses. It is not an infraction you can simply pay off.
- The “Agreement” is Key: The core of the offense is the agreement to exchange a sexual act for money or its equivalent. The act itself does not need to occur for the Commonwealth to bring a charge.
- Defenses Exist: Simply being charged does not mean you will be convicted. Viable defenses, such as entrapment by law enforcement or a lack of evidence proving an actual agreement, can be asserted by a knowledgeable attorney.
- Immediate Action is Crucial: The moments after an arrest or charge are critical. Preserving evidence and avoiding self-incriminating statements are paramount. Contacting legal counsel should be your first priority.
For over two decades, I have navigated the complex and often misunderstood landscape of Virginia’s criminal justice system. Few areas are as fraught with personal anxiety and public stigma as a charge related to prostitution for money. This is not a simple traffic ticket; it is a criminal charge that strikes at the core of an individual’s reputation and future. The internet is filled with conflicting and shallow information. My purpose here is to provide a clear, authoritative, and practical guide based on years of hands-on courtroom experience, cutting through the noise to explain what you are truly facing and how to approach it strategically.
A charge under Virginia’s sex for hire laws, specifically Virginia Code § 18.2-346, is a serious matter. It is prosecuted aggressively and carries consequences that extend far beyond the courtroom walls. Understanding the law, the process, and the potential defenses is the first and most critical step in protecting your rights and your future. This asset is designed to be that foundational resource.
Consequences & Stakes: Understanding VA Code § 18.2-346
A charge of prostitution or solicitation in Virginia is defined as a Class 1 misdemeanor, the most serious class of misdemeanor in the Commonwealth. The direct statutory penalties include up to one year in jail and a fine of up to $2,500. However, the legal penalties are often just the beginning of the severe, long-term consequences that follow a conviction.
In my years of practice, I have seen clients from all walks of life—professionals, students, business owners—blindsided by the severity of these charges. The primary statute governing this offense is Virginia Code § 18.2-346. This law criminalizes not only the act of prostitution itself but also the act of solicitation (offering money for sex) and aiding or abetting prostitution. It’s crucial to understand that the law is written broadly. The Commonwealth’s Attorney does not need to prove that a sexual act occurred. The crime is committed the moment there is an agreement or an offer to exchange a “sexual act” for “money or its equivalent.”
Direct and Collateral Consequences
The penalties imposed by the court are the direct consequences. A judge can sentence an individual to any combination of active jail time, a suspended sentence, probation, and fines. But what many fail to appreciate are the collateral consequences, which can be far more damaging in the long run:
- Permanent Criminal Record: A conviction for prostitution is a permanent mark on your record in Virginia. It cannot be expunged. This means it will appear on background checks conducted by potential employers, landlords, and professional licensing boards for the rest of your life.
- Employment Difficulties: Many employers have policies against hiring individuals with sex-related offenses on their record. For those in positions of trust, holding security clearances, or working with vulnerable populations, a conviction can be career-ending.
- Immigration Consequences: For non-U.S. citizens, a conviction for prostitution can be deemed a “crime involving moral turpitude” (CIMT). This can lead to deportation, denial of naturalization, or refusal of re-entry into the United States.
- Reputational Harm: The personal and professional stigma associated with a prostitution charge can be devastating, impacting relationships with family, friends, and the community.
- Mandatory Health Testing: Virginia law can also require a person convicted under this statute to be tested for sexually transmitted diseases, the results of which can be disclosed to the court.
The stakes are incredibly high. This is not a charge to be taken lightly or handled without seasoned legal representation. The prosecution’s case often hinges on nuanced evidence, such as text messages, recorded conversations from sting operations, or the testimony of an undercover officer. A thorough analysis of this evidence is the first step toward building a robust defense.
The Virginia Legal Process for a Prostitution Charge
Navigating the legal process for a prostitution charge in Virginia typically begins in the General District Court and involves several key stages: the arrest or summons, the arraignment, pre-trial motions and negotiations with the Commonwealth’s Attorney, and finally, the trial or a plea agreement. Understanding this pathway is essential for preparing a strategic response at each step.
From the moment of the initial police encounter to the final court date, the legal system has a defined procedure. The primary entities you will encounter are local law enforcement (who make the arrest), the Virginia General District Court (where the case is first heard), and the Commonwealth’s Attorney’s office (the prosecutor). In more complex cases or on appeal, the Virginia Circuit Court may become involved.
Step-by-Step Breakdown of the Process
- The Charge: Arrest or Summons
Most prostitution cases begin in one of two ways: an arrest during an undercover sting operation or the issuance of a summons after an investigation. In a sting, an undercover officer may pose as a prostitute or a “john.” The evidence gathered here is often electronic—text messages, phone calls, or website communications.
- The Arraignment: First Court Appearance
Your first appearance in the General District Court is the arraignment. Here, the judge will formally read the charge against you (violating Va. Code § 18.2-346), advise you of your right to an attorney, and set a trial date. You will be asked to enter a plea of guilty, not guilty, or no contest. In almost all circumstances, the initial plea should be “not guilty” to preserve all your legal rights and options.
- The Discovery and Pre-Trial Phase
After the arraignment, your attorney’s work begins in earnest. We file a discovery motion to compel the Commonwealth’s Attorney to turn over all the evidence they have against you. This includes police reports, officer notes, video/audio recordings, text message transcripts, and a list of their witnesses. This is a critical phase where we dissect the prosecution’s case to find weaknesses.
- Negotiation and Motions
Armed with the evidence, a seasoned attorney will often engage in negotiations with the prosecutor. The goal might be to have the charge dismissed, reduced to a lesser offense (like disorderly conduct), or amended in a way that avoids a conviction for a sex crime. We may also file pre-trial motions, such as a Motion to Suppress evidence that was obtained illegally (e.g., through an unlawful search or seizure).
- The Trial
If a favorable resolution cannot be reached, the case proceeds to trial in the General District Court. Here, a judge (not a jury) will hear the evidence and decide guilt or innocence. The prosecutor must prove every element of the crime beyond a reasonable doubt. We will cross-examine the Commonwealth’s witnesses, present our own evidence, and make legal arguments on your behalf.
- Sentencing or Appeal
If you are found guilty, the judge will impose a sentence. If you are found not guilty, the case is over. If you are convicted in the General District Court, you have an absolute right to appeal the decision to the Circuit Court within 10 days. An appeal results in a brand-new trial (a “trial de novo”), this time with the option of a jury. This right of appeal is a powerful strategic tool in the Virginia legal system.
The SRIS Virginia Prostitution Charge Defense Planner
This planner is a practical, experience-based tool designed to help you take immediate, controlled, and strategic action after being charged with a prostitution-related offense in Virginia. Following these steps can help preserve crucial evidence and protect your rights from the very outset, providing a stronger foundation for your legal defense.
In the chaos and anxiety following an arrest, it is easy to make mistakes. This proprietary planner is born from over 20 years of seeing what actions best position a client for a favorable outcome. Do not speak to anyone about your case except a potential attorney. Instead, focus on these concrete, confidential steps.
Step 1: The Principle of Silence
Objective: To prevent self-incrimination.
- Do Not Discuss the Case: Do not speak with law enforcement, friends, family, or anyone else about the specific facts of the alleged incident. You have the right to remain silent—use it. Anything you say can and will be used against you.
- Politely Decline to Answer: If contacted by police or investigators, your only response should be: “I am exercising my right to remain silent, and I wish to speak with an attorney.”
Step 2: Evidence Preservation
Objective: To secure any and all information that may be relevant to your defense.
- Preserve All Electronic Data: Do NOT delete text messages, call logs, emails, or app data from your phone or computer. Even if you believe it is incriminating, deleting it can be seen as destruction of evidence or consciousness of guilt. Your attorney needs to see the full, unaltered context.
- Take Screenshots: If the communication occurred on a platform where messages can be deleted by the other party (e.g., certain apps), take clear screenshots of the entire conversation immediately.
- Save Financial Records: Download and save bank or credit card statements from the relevant time period. Lack of a financial transaction can be a key defense point.
Step 3: Document Your Recollection (For Your Attorney Only)
Objective: To create a confidential timeline and narrative while your memory is fresh.
- Write It Down: On a private document, write a detailed account of everything that happened leading up to, during, and after the incident. Include dates, times, locations, who was present, and what was said.
- Be Honest and Detailed: This document is for your attorney’s eyes only and is protected by attorney-client privilege once that relationship is formed. Do not omit details you think are “bad.” Your lawyer needs the complete picture to build the strongest defense.
- Focus on the “Agreement”: Pay special attention to what was—and was not—said about an exchange of money for a sexual act. Was there a clear offer and acceptance? Was the language ambiguous? This is often the central issue in the case.
Step 4: Secure Your Legal Representation
Objective: To engage a seasoned professional to guide you through the process.
- Research Experienced Attorneys: Look for a law firm with specific, demonstrable experience handling prostitution and sex crime charges in Virginia.
- Schedule a Confidential Case Assessment: Prepare for the meeting by having your summons or any paperwork from the arrest available. Use the narrative you created in Step 3 to explain the situation clearly.
- Trust Your Counsel: Once you have retained an attorney, allow them to handle all communication with the court and the prosecution. Follow their advice carefully.
Strategic Defenses Against Prostitution Allegations
A prostitution charge in Virginia is defensible, and a number of proven legal strategies can be employed to challenge the Commonwealth’s case. The viability of any defense depends entirely on the specific facts and evidence of your case, but common successful approaches often focus on lack of evidence, police entrapment, or constitutional violations.
As a defense attorney, my role is to hold the Commonwealth to its high burden of proof: “beyond a reasonable doubt.” This is not a low bar. It requires the prosecutor to present evidence that is so convincing it leaves no other logical explanation for the facts except that the defendant committed the crime. We attack the prosecution’s case by exposing weaknesses, inconsistencies, and unlawful procedures.
Key Defense Angles in Prostitution Cases:
- Lack of Evidence of an “Agreement”: This is the cornerstone of many successful defenses. As defined in Va. Code § 18.2-346, the crime hinges on an agreement to exchange sex for money. Vague, ambiguous, or flirtatious conversations may not rise to the level of a criminal agreement. We scrutinize text messages and transcripts to argue that no “meeting of the minds” on a prohibited transaction ever occurred. If the prosecutor cannot prove an explicit or clearly implied agreement, the charge fails.
- Entrapment: This is a powerful but narrowly defined defense. Entrapment occurs when law enforcement officers induce or persuade a person to commit a crime that they were not otherwise predisposed to commit. It is not entrapment for an undercover officer to simply provide an opportunity for someone to commit a crime. However, if the officer uses persistent persuasion, threats, or tactics that overcome the defendant’s reluctance, an entrapment defense may be viable. This defense requires showing that the idea for the crime originated with the police, not with you.
- Mistaken Identity or Misidentification: In cases that don’t involve a one-on-one sting operation, such as those based on a third-party report or surveillance, mistaken identity can be a defense. We would challenge the reliability of witness identification, the quality of surveillance footage, or any other factor that casts doubt on whether you were the person involved.
- Constitutional Violations (Motion to Suppress): Evidence obtained in violation of your constitutional rights cannot be used against you. If the police conducted an illegal search of your person, vehicle, or phone, any evidence found can be suppressed. Likewise, if you were interrogated without being read your Miranda rights while in custody, your statements may be thrown out. A successful motion to suppress can gut the prosecution’s case, often leading to a dismissal.
- Challenging the Definition of “Sexual Act”: The law defines specific acts. If the alleged agreement was for something that does not fall under the legal definition of a “sexual act” as specified in the relevant statutes, this can form the basis of a defense. The Commonwealth must prove the agreement was for a prohibited act.
The selection and execution of a defense strategy require deep knowledge of Virginia law and courtroom procedure. It is a nuanced process that involves a meticulous review of the evidence and an understanding of how local judges and prosecutors approach these cases.
Common Mistakes That Can Jeopardize Your Case
In my two decades of defending clients against prostitution charges, I’ve seen how simple, unforced errors can severely compromise an otherwise defensible case. Avoiding these common pitfalls is as crucial as building a strong legal strategy. These mistakes often stem from panic, misunderstanding the law, or underestimating the seriousness of the charge.
The legal system is unforgiving of procedural mistakes. The following list outlines the most frequent and damaging errors I have witnessed. Paying close attention to these warnings can help you avoid making a difficult situation worse.
- Talking to the Police: This is the single most critical mistake. People often believe they can talk their way out of the situation. This is never the case. Police officers are trained to gather incriminating evidence. Every word you say can be twisted and used against you. Your only response should be to invoke your right to remain silent and request an attorney.
- Deleting Communications: In a moment of panic, the first instinct might be to delete text messages, emails, or app conversations. This is a grave error. It can be interpreted as “spoliation of evidence” or consciousness of guilt, making you look more culpable to a prosecutor and judge. Preserve everything for your attorney to review.
- Consenting to a Search: You are not required to consent to a search of your phone, car, or person without a warrant. Police may ask for consent in a casual way, but you have the right to refuse. If you consent, you waive your Fourth Amendment protections, and any evidence they find can be used against you.
- Believing It’s “Just a Misdemeanor”: Underestimating the charge is a frequent mistake. A Class 1 misdemeanor in Virginia is a serious criminal offense with the potential for jail time and a permanent record. It is not a minor infraction. Treating it as such often leads to poor decision-making and a lack of preparation.
- Missing Court Dates: Failing to appear for any scheduled court date, including the initial arraignment, will result in the judge issuing a “capias,” which is a bench warrant for your arrest. This complicates your case significantly and signals to the court that you are not taking the matter seriously.
- Hiring an Inexperienced Attorney: Not all lawyers are criminal defense attorneys, and not all criminal defense attorneys have experience with the nuances of prostitution and solicitation cases. These cases often involve specific types of evidence (sting operations, electronic data) and defenses (entrapment) that require a seasoned hand.
- Posting About Your Case on Social Media: Never discuss your case online. Social media is a public forum, and prosecutors are known to search these platforms for evidence or statements that can be used against a defendant. Maintain complete silence about your case on all public platforms.
Glossary of Key Legal Terms
- Prostitution
- As defined under Va. Code § 18.2-346, the act of committing, offering to commit, or agreeing to commit a sexual act for money or its equivalent.
- Solicitation
- The act of offering money or its equivalent to another person with the intent of engaging in a sexual act with them. This is also covered under Va. Code § 18.2-346 and carries the same penalties as prostitution.
- Bawdy Place
- Defined in Va. Code § 18.2-347, this refers to any place, such as a house, building, or vehicle, that is used for the purpose of prostitution or other “lewd, lascivious or indecent acts.” Frequenting or keeping such a place is a separate Class 1 misdemeanor.
- Commonwealth’s Attorney
- The official title for the prosecutor in Virginia who represents the state (the “Commonwealth”) in criminal cases. They are responsible for bringing charges and proving the case against the defendant in court.
- Entrapment
- A legal defense asserting that a defendant was induced by law enforcement to commit a crime they were not otherwise predisposed to commit. The defense must show that the criminal intent originated with the police.
- Motion to Suppress
- A formal, written request to a judge to exclude certain evidence from being used at trial because it was obtained in violation of the defendant’s constitutional rights (e.g., via an illegal search).
- Class 1 Misdemeanor
- The most serious category of misdemeanor in Virginia, punishable by up to 12 months in jail, a fine of up to $2,500, or both.
Common Scenarios & Questions from Clients
Over the years, certain patterns and scenarios emerge repeatedly. These realistic situations reflect common questions and anxieties people face when confronted with a prostitution charge in Virginia.
Scenario 1: The Undercover Sting Operation
“I responded to an ad online that seemed legitimate. The person I was texting with was very direct. When I arrived at the hotel, it was an undercover cop. They arrested me on the spot. I never even touched anyone. Can they still charge me?”
Attorney’s Perspective: Yes, this is the most common way these charges are brought. The crime is the “agreement,” not the physical act. The text messages containing the offer and acceptance of money for a sexual act form the core of the Commonwealth’s evidence. The defense here would focus on analyzing those exact communications. Was the language truly an unambiguous agreement? Did the officer engage in entrapment by being overly coercive or persuasive, especially if you showed hesitation? The entire case rests on the content and context of those messages.
Scenario 2: The Ambiguous Conversation
“I was talking to someone on a dating app and we were being flirtatious. I offered to help her with her rent, and we planned to meet. Suddenly I’m being charged with solicitation. I never explicitly said I was paying for sex.”
Attorney’s Perspective: This is a situation where the Commonwealth’s case may be weak. The prosecutor must prove a “quid pro quo”—this for that. If the conversation was ambiguous and the offer of money could be interpreted as a gift or simple assistance separate from any expectation of a sexual act, a strong defense can be built. We would argue that the Commonwealth cannot prove beyond a reasonable doubt that your offer of financial help was explicitly conditioned on the performance of a sexual act. Context is everything in these cases.
Scenario 3: Wrong Place, Wrong Time
“The police raided a massage parlor I was visiting. I was just there for a regular massage, but they arrested everyone, including me, and charged me with frequenting a bawdy place. How can they do that?”
Attorney’s Perspective: This charge falls under Va. Code § 18.2-347, frequenting a bawdy place. To convict you, the Commonwealth must prove two things: 1) that the establishment was, in fact, being used for the purpose of prostitution, and 2) that you knew of its nature and were there for that purpose. Simply being present is not enough. The defense would focus on a lack of knowledge. Evidence such as legitimate online advertising for massages, your prior history of getting normal massages, and the absence of any incriminating statements or actions on your part would be central to proving you were an unwitting customer, not a participant in illegal activity.
Frequently Asked Questions (FAQ)
1. Is a first-time prostitution offense in Virginia always a misdemeanor?
Yes, a first offense for prostitution or solicitation under Va. Code § 18.2-346 is a Class 1 misdemeanor. However, subsequent offenses can sometimes be charged more aggressively, and related activities, like transporting someone for prostitution, can be felonies.
2. Can a prostitution charge be expunged from my record in Virginia?
No. In Virginia, a conviction for prostitution cannot be expunged. The only way to clear your record is to be found not guilty or have the charge dismissed. This is why fighting the charge is so critical.
3. What is the difference between prostitution and solicitation?
Functionally, in Virginia, there is very little difference in terms of penalty. Prostitution generally refers to the person offering the sexual act for money, while solicitation refers to the person offering the money for the sexual act (the “john”). Both are treated as the same Class 1 misdemeanor under the same statute.
4. Do I have to go to court, or can my attorney go for me?
For a misdemeanor charge in Virginia, an attorney can often appear on your behalf for many of the procedural hearings, but it is highly likely you will need to be present for the trial itself. Your attorney will advise you on when your presence is mandatory.
5. The police took my phone. Will I get it back?
The police will hold your phone as evidence. They will need a search warrant to access its contents. Eventually, your attorney can file a motion for the return of your property, but this usually only happens after the case is fully resolved.
6. What if the person in the online ad was an adult who consented?
Consent is not a defense to prostitution. The law criminalizes the commercial nature of the act, regardless of whether all parties are consenting adults.
7. I was just driving someone. Can I be charged?
Yes. Under Virginia law, aiding and abetting prostitution is also a crime. If the Commonwealth can prove you knowingly transported someone for the purpose of them engaging in prostitution, you could be charged as well.
8. Will my name be in the newspaper or online?
Arrest records and court dockets are public information. It is possible that local news outlets or online police blotters may publish information about recent arrests. This is another unfortunate collateral consequence of the charge.
9. Is it better to take a plea deal or go to trial?
This is a strategic decision that can only be made after a thorough review of the evidence against you. If the evidence is strong, a favorable plea deal to a reduced charge might be the best option. If the evidence is weak, or if there is a strong defense like entrapment, going to trial may be the better path. This is one of the most important decisions you will make with your attorney.
10. How much does it cost to hire an attorney for a prostitution case?
The cost varies based on the complexity of the case, the jurisdiction, and the experience of the attorney. At Law Offices of SRIS, P.C., we discuss our fee structure openly during the initial case assessment. An investment in a knowledgeable defense is an investment in your future.
11. What if I am a commercial driver with a CDL?
A conviction can have serious implications for a CDL holder. While it may not cause an immediate statutory disqualification for a first offense, it can make you unemployable as many transportation companies will not hire drivers with sex-related crimes on their record.
12. Can I be charged if no money ever changed hands?
Yes. The law punishes the agreement to exchange sex for money. The transaction does not need to be completed for the crime to have been committed in the eyes of the law.
13. Does “money or its equivalent” include things other than cash?
Absolutely. “Equivalent” is interpreted broadly to include drugs, services, goods, or anything of value offered in exchange for a sexual act.
14. Is there a way to get the charge reduced to something non-criminal, like an infraction?
It is highly unlikely to have a Class 1 misdemeanor reduced to a non-criminal infraction. The more common goal in negotiations is to have it reduced to a different, less stigmatizing misdemeanor (like disorderly conduct) or amended to be dismissed after a period of good behavior.
15. I am not a citizen. How will this affect my immigration status?
This is a critical concern. A prostitution conviction is often considered a Crime Involving Moral Turpitude (CIMT), which can have severe immigration consequences, including deportation or inability to adjust status. If you are not a U.S. citizen, it is vital to have an attorney who understands the immigration implications of your criminal charge.
A charge of prostitution for money is a serious legal challenge that requires a serious and strategic defense. If you or a loved one is facing such an allegation in Virginia, the most important step you can take is to secure representation from a law firm that has deep experience in this specific area of criminal law. At Law Offices Of SRIS, P.C., we bring decades of seasoned courtroom experience to bear for our clients. We understand the stakes and know how to build the defenses that can protect your record and your future. Contact us at 888-437-7747 to schedule a confidential case assessment.
Disclaimer: The information contained in this article is for general informational purposes only and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.