A Veteran Attorney’s Guide to Bawdy House Charges in Virginia

As an attorney who has practiced criminal law in the Commonwealth of Virginia for over two decades, I have seen how certain charges can blindside individuals, turning their lives upside down with a single accusation. Among the most serious and reputation-damaging of these are offenses related to operating or frequenting a “bawdy house.” This is not a term from a bygone era; it is a current and aggressively prosecuted offense under Virginia law with devastating consequences.

Many people—property owners, tenants, and even casual visitors—are shocked to find themselves entangled in an investigation involving a bawdy place. They often fail to grasp the breadth of these statutes until it’s too late. The law is designed to cast a wide net, ensnaring not just those who orchestrate illegal activities, but also those who facilitate them, knowingly or unknowingly, and those who patronize them. Understanding the nuances of these laws, the gravity of the stakes, and the legal road ahead is the first, most critical step in protecting your rights, your property, and your future.

The Grave Consequences and Stakes of a Bawdy House Conviction

A conviction under Virginia’s bawdy house statutes carries severe, life-altering penalties far beyond a simple fine. The law, specifically Virginia Code § 18.2-347, classifies these offenses as Class 1 misdemeanors, exposing you to up to a year in jail and a $2,500 fine per offense. Critically, the law allows each day of the alleged activity to be charged as a separate offense, creating the potential for stacked charges and catastrophic legal jeopardy.

In my years of practice, I’ve seen clients express disbelief at the severity of these charges. The term “misdemeanor” can be misleading, suggesting a minor infraction. This is a dangerous misconception. A Class 1 misdemeanor is the most serious class of misdemeanor in Virginia, one step below a felony. A conviction creates a permanent criminal record that can haunt you for life, appearing on background checks for employment, housing, and loans. For professionals with state-issued licenses (doctors, nurses, lawyers, real estate agents) or those with security clearances, a conviction can be a career-ending event.

The core of the law is found in the Code of Virginia § 18.2-347, titled “Keeping, residing in, or frequenting a bawdy place.” This statute makes it unlawful for any person to:

• Keep or maintain a bawdy place: This targets property owners, managers, and tenants who control the premises and knowingly permit it to be used for prostitution or lewdness. The Commonwealth does not need to prove you received money; only that you knew of the activity and allowed it to persist.
• Reside in a bawdy place: This applies to individuals who live at a location known to be a bawdy place.
• Visit or frequent a bawdy place for immoral purposes: This is aimed at the patrons or “johns.” The prosecution must prove not only that you were there, but that your specific purpose for being there was illicit sexual intercourse or prostitution. This element of intent is a crucial battleground in court.

Beyond the primary statute, other sections of the Virginia code can come into play, compounding the danger. Virginia Code § 18.2-349 makes it a separate Class 1 misdemeanor to use a vehicle to promote prostitution, which can be charged alongside a frequenting offense. Furthermore, and perhaps most frighteningly, the Commonwealth can initiate civil asset forfeiture proceedings to seize the property itself—your house, apartment building, or commercial space—if it was used in the commission of the crime. This means you could not only lose your freedom but your most valuable asset as well.

The stakes are not merely financial or legal; they are profoundly personal. The public nature of a criminal charge, especially one involving “immoral purposes,” can inflict irreparable damage on your reputation, straining relationships with family, friends, and your community. The social stigma alone can be a heavy burden to bear, regardless of the outcome in court. It is essential to approach such a charge with the seriousness it demands from the very outset.

Navigating the Virginia Legal Process for a Bawdy House Charge

The legal process for a bawdy house charge in Virginia begins with an investigation and arrest, typically by local police, and proceeds through the General District Court. Key players include the arresting officers, the Commonwealth’s Attorney who prosecutes the case, and the judiciary. For a Class 1 misdemeanor, your case will be heard by a judge, not a jury, in the General District Court, with a right to appeal any conviction to the Circuit Court for a new trial.

Understanding the procedural road ahead can demystify the process and empower you to make informed decisions. An arrest for a violation of § 18.2-347 is usually the result of a sting operation, surveillance following neighbors’ complaints, or analysis of online advertisements. Once charged, you will be issued a summons or arrested and taken before a magistrate.

The Key Agencies and Courts

• Law Enforcement Agencies: Your initial contact with the system will be with a local or county police department or a sheriff’s office. Their police report, evidence collection, and witness statements form the foundation of the case against you.
• The Magistrate: This judicial officer makes the initial determination on bail and sets the first court date. They determine if you can be released on your own recognizance or if a secured bond is required.
• The Commonwealth’s Attorney: This is the prosecutor. The Commonwealth’s Attorney’s office for the specific city or county will review the police evidence and decide whether to proceed with the prosecution. They are your adversary in the courtroom.
• The General District Court: This is where all misdemeanor cases in Virginia are first tried. A judge will hear the evidence from both the prosecutor and your defense and render a verdict of guilty or not guilty. There are no jury trials in General District Court. The judge also imposes the sentence if there is a conviction.
• The Circuit Court: If you are convicted in the General District Court, you have an absolute right to an appeal de novo to the Circuit Court, provided you note your appeal within 10 days. An appeal de novo means you get a completely new trial, as if the first one never happened. In Circuit Court, you have the right to a trial by jury or by a judge. This two-tiered system is a cornerstone of Virginia justice and a critical strategic element in any defense.

The process typically unfolds in stages. After the arraignment (your first court appearance where the charge is formally read), your case will be set for trial. In the interim, your legal counsel will engage in crucial pre-trial work. This includes filing a request for discovery to obtain all the evidence the prosecutor intends to use against you—police reports, witness lists, audio or video recordings, and any other physical evidence. It is during this phase that a seasoned attorney analyzes the strengths and weaknesses of the Commonwealth’s case, identifies constitutional issues (like an illegal search), and builds your defense strategy. Negotiations with the Commonwealth’s Attorney may also occur during this time, potentially leading to a dismissal, a reduction of the charge, or a plea agreement. If no agreement is reached, the case proceeds to trial, where evidence is presented, witnesses testify and are cross-examined, and a verdict is rendered.

The SRIS Virginia Bawdy House Charge Defense Primer

When facing a charge as complex and sensitive as a bawdy house offense, a structured approach to your defense is paramount. This primer is designed as a practical guide to help you organize your thoughts and assist your legal counsel in building the strongest possible case. It is not legal advice but a framework for preparation.

Step 1: Document the Initial Encounter

Immediately write down everything you can remember about your interaction with law enforcement. Memory fades, and small details can become critical later.

• Date, Time, and Location: Be precise.
• Officer Details: Names, badge numbers, department.
• Statements Made: What did the police say to you? What did you say to them? Were you read your Miranda rights? If so, at what point?
• Search and Seizure: Did officers search your person, your vehicle, or the property? Did they have a warrant? If so, did they show it to you? Did you give them consent to search?

Step 2: Identify Your Connection to the Property

The nature of your charge often depends on your relationship to the “bawdy place.” Be clear about your status.

• Owner: Do you hold the title to the property? Were you an absentee landlord? What knowledge, if any, did you have of the tenants’ activities? Can you produce leases, communication records, and evidence of any actions you took upon receiving complaints?
• Manager/Keeper/Tenant: Did you reside at or manage the property? What was your level of control over who came and went? What evidence can refute the claim that you were “keeping” the place for illicit purposes?
• Visitor/Patron (“Frequenting”): Was this your first time visit? How did you learn about the location? What was your stated purpose for being there? The Commonwealth must prove you were there “for immoral purposes.” What evidence contradicts this specific intent?

Step 3: Preserve All Potential Evidence

Your defense may depend on evidence that can be lost if not preserved.

• Electronic Communications: Save text messages, emails, app communications, and phone records that are relevant to your case. Do not delete anything.
• Financial Records: Bank statements, rent payments, and other records can establish relationships and timelines.
• Witness Information: Identify anyone who can provide an alibi, attest to your character, or clarify the nature of the property’s use. Provide their names and contact information to your attorney.

Step 4: Assess the Commonwealth’s Key Evidence

Once your attorney receives discovery, work with them to scrutinize the prosecution’s case.

• Reputation Evidence: How does the Commonwealth intend to prove the location had a “general reputation” as a bawdy place? Is it based on unreliable neighbor gossip or concrete police call logs?
• Proof of “Keeping”: For owners/managers, what is the direct evidence you knowingly permitted the activity? Is it just circumstantial?
• Proof of “Immoral Purpose”: For visitors, what is the direct evidence of your intent? Was money exchanged? Were specific acts discussed? Often, the case hinges on ambiguous conversations from a sting operation.

By systematically working through these points, you provide your legal team with the raw materials needed to challenge the prosecution’s narrative and defend your rights effectively.

Strategic Approaches and Defenses to Bawdy House Allegations

A successful defense against a Virginia bawdy house charge hinges on methodically dismantling the prosecution’s case, element by element. Key strategies often focus on challenging the Commonwealth’s proof of knowledge, intent, and the character of the location itself. Every case is unique, and the right strategy depends entirely on the specific facts and evidence involved.

Having defended clients against these charges for many years, I can attest that the prosecution’s case is often not as solid as it first appears. Police reports can contain assumptions, and witness testimony can be unreliable. An aggressive and knowledgeable defense can expose these weaknesses.

Common Defense Angles:

• Lack of Knowledge (For Owners/Keepers): This is a cornerstone defense for property owners. The Commonwealth must prove you knew the property was being used as a bawdy place and that you knowingly permitted it. If you are an absentee landlord who had no credible information about the illegal activity, you cannot be convicted of “keeping” a bawdy place. We would look for evidence that you acted responsibly, such as running background checks on tenants or taking action if and when a credible complaint was received.
• Lack of “Immoral Purpose” (For Visitors): A person cannot be convicted under § 18.2-347 for simply being present at a location where illegal activity occurs. The prosecution must prove beyond a reasonable doubt that you visited for the purpose of engaging in prostitution or illicit sexual intercourse. If you were there for a different reason—perhaps you were visiting a friend who lived there, responding to an ambiguous online ad without illegal intent, or were simply in the wrong place at the wrong time—this forms the basis of a strong defense.
• Challenging the “Bawdy Place” Designation: The law requires the location to be used for lewdness, assignation, or prostitution. A single, isolated incident is generally not enough to legally define a property as a “bawdy place.” The defense can argue that the evidence does not establish a pattern of use consistent with the statute’s definition. We can also challenge the Commonwealth’s evidence regarding the location’s “general reputation,” arguing it’s based on unsubstantiated rumor rather than fact.
• Attacking the Investigation (Constitutional Challenges): A significant part of my case analysis involves scrutinizing police conduct. Did they have a valid search warrant? Was the search conducted within the scope of that warrant? Did they coerce a confession or statement? Was there an illegal traffic stop that led to the discovery of evidence? If constitutional rights were violated, we can file a motion to suppress the illegally obtained evidence. If the motion is granted, the evidence cannot be used against you, often gutting the prosecution’s case.
• Entrapment: While difficult to prove, an entrapment defense may be viable if law enforcement induced you to commit a crime you otherwise would not have committed. This requires showing more than just that police provided an opportunity for the crime; it requires evidence of improper inducement or coercion.

The decision to appeal a General District Court conviction to the Circuit Court is also a powerful strategic tool. It gives the defense a second chance to fight the case before a new fact-finder (a different judge or a jury) and provides more time to prepare, investigate, and negotiate with a potentially different prosecutor. A seasoned attorney will evaluate every one of these avenues to determine the most effective path forward for your specific situation.

Critical Mistakes to Avoid When Facing a Bawdy House Investigation

From the moment you are contacted by law enforcement regarding a bawdy house allegation, your actions can have a profound impact on the outcome of your case. Over my career, I’ve seen individuals make the same critical errors that severely handicap their defense. Avoiding these pitfalls is essential.

• Talking to the Police Without Counsel: This is the single most damaging mistake you can make. Police officers are trained to elicit incriminating statements. You may think you are “clearing things up,” but you are almost certainly providing them with evidence they will use against you. Politely state that you wish to remain silent and that you want an attorney. Do not answer questions, do not explain your side of the story, do not consent to any searches.
• Consenting to a Search: If police ask for your permission to search your phone, your car, or your home, you have the right to say no. If they had a warrant, they wouldn’t be asking for your consent. Granting consent waives your Fourth Amendment protections, making it much harder for your attorney to challenge the legality of the search later.
• Deleting Electronic Evidence: In a panic, some people delete text messages, emails, or social media accounts. This is a terrible idea. First, it can be viewed as destruction of evidence or obstruction of justice, which is a separate crime. Second, you might be deleting evidence that is actually helpful to your defense (exculpatory evidence). Finally, digital forensics experts can often recover deleted data anyway, and the act of deleting it will make you look guilty.
• Underestimating the Charges: Do not dismiss a bawdy house charge as a “minor” issue or a simple “prostitution ticket.” As detailed above, it is a Class 1 Misdemeanor with severe, lasting consequences, including potential jail time and a permanent criminal record. Treat it with the utmost seriousness from day one.
• Waiting to Hire an Experienced Attorney: The early stages of a criminal case are critical. Evidence needs to be preserved, witnesses need to be contacted, and a strategic defense needs to be planned. Waiting until your first court date to find legal representation puts you at a significant disadvantage. You need a knowledgeable advocate on your side immediately to protect your rights and start building your defense.

Glossary of Key Legal Terms

• Bawdy Place: As defined in Virginia Code § 18.2-347, this is any place, inside or outside, that is used for the purposes of lewdness, assignation, or prostitution.
• Assignation: The act of making an appointment or engagement for prostitution. This means that simply arranging a meeting for illicit purposes can be part of the crime.
• Keeping (a Bawdy Place): The act of maintaining, managing, or controlling a property with the knowledge that it is being used as a bawdy place.
• Frequenting: The act of visiting a location. For a conviction under this statute, the prosecution must also prove the visit was for “immoral purposes.”
• 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.
• Appeal de novo: A “new trial.” In Virginia, a defendant convicted of a misdemeanor in General District Court has an automatic right to appeal to the Circuit Court for a completely new trial, where the case is heard as if for the first time.
• Motion to Suppress: A formal legal request made by the defense to a judge, asking to exclude certain evidence from trial because it was obtained in violation of the defendant’s constitutional rights (e.g., through an illegal search).

Common Scenarios & Questions from Virginians

Scenario 1: The Out-of-State Landlord

“I own a rental property in Fairfax, but I live in Maryland. My property manager handled everything. Now I’ve received a summons charging me with ‘keeping a bawdy place’ because my tenants were arrested for prostitution. I had no idea this was happening. How can I be responsible?”

This is a classic “lack of knowledge” defense scenario. Your liability under § 18.2-347 hinges on what you knew and when you knew it. The Commonwealth’s Attorney must prove you knowingly permitted the illegal activity. Your defense would focus on demonstrating your lack of direct involvement and knowledge. We would gather evidence like your lease agreements, communication records with your property manager, and proof of your out-of-state residency. If you took reasonable steps as a landlord and were unaware of the criminal enterprise, a strong defense can be mounted to show you did not have the criminal intent required for a conviction.

Scenario 2: The Sting Operation

“I responded to an ad online that was vague. I went to an apartment in Virginia Beach, and when I knocked on the door, it was a police sting. I never even went inside, no money was exchanged, and we didn’t discuss anything explicit. They still charged me with frequenting a bawdy place. How can they prove my intent?”

This situation highlights the importance of the “for immoral purposes” element. The prosecution’s case likely relies heavily on the context of the online ad and any text messages leading up to your arrival. Your defense would focus on the ambiguity of those communications and the fact that no illegal act or explicit agreement occurred. We would argue that your mere presence is not enough for a conviction and that the Commonwealth cannot prove beyond a reasonable doubt what your specific intent was. This is a very common scenario, and challenging the sufficiency of the evidence of intent is a primary defense strategy.

Scenario 3: The Roommate Situation

“I live in a house in Richmond with two roommates. I found out one of them was bringing people over for money while I was at work. Now the whole house has been raided, and we’ve all been charged with ‘residing in a bawdy place.’ I wasn’t involved and I didn’t approve. What do I do?”

Being charged because of the actions of a housemate is a terrifying experience. The key here is to differentiate yourself from the roommate engaged in the illegal activity. Your defense would focus on demonstrating your lack of participation, consent, or financial benefit from the illicit acts. Witness testimony (from yourself or the other innocent roommate), work schedules showing you weren’t present, and financial records showing you only paid your share of the rent can all be used to build a firewall between your actions and your roommate’s. The goal is to show the prosecutor and the court that you were merely a resident, not a willing participant in the “bawdy place.”

Frequently Asked Questions (FAQ)

• What is the exact definition of a “bawdy place” in Virginia?

  Under Virginia Code § 18.2-347, a “bawdy place” is defined as “any place, within or without any building or structure, which is used or is to be used for lewdness, assignation or prostitution.”

• Can I be charged just for visiting a bawdy house if I didn’t do anything?

  To be convicted, the prosecution must prove you visited “for immoral purposes.” Your mere presence isn’t enough, but it can be used as evidence against you. The specific facts of your visit and your intent are central to the case.

• Is a conviction for frequenting a bawdy place a sex offense that requires registration?

  No, a conviction under § 18.2-347 is a Class 1 Misdemeanor, but it does not typically require registration on the sex offender registry in Virginia. However, it is still a serious criminal conviction with significant consequences.

• What’s the difference between “keeping” and “frequenting” a bawdy place?

  “Keeping” implies a level of control, management, or ownership, where a person knowingly allows a property to be used for illegal purposes. “Frequenting” applies to visitors or patrons who are there for the purpose of prostitution or illicit sex.

• How does the prosecution prove the “general reputation” of a place?

  They can use testimony from neighbors, records of prior police calls to the location, evidence from online advertisements, and statements from others arrested at the scene to establish that the location was known in the community as a place for prostitution.

• If I own the property but rent it out, can I still be charged?

  Yes. If the Commonwealth can prove that you knew your tenants were using the property as a bawdy place and you did nothing to stop it (i.e., you “knowingly permitted” it), you can be charged with keeping a bawdy place.

• Will a bawdy house charge show up on a background check?

  Yes. A conviction for a Class 1 Misdemeanor will result in a permanent criminal record that is visible on standard background checks for employment, housing, and other purposes.

• What if the police entrapped me?

  Entrapment is a valid legal defense, but it is difficult to prove. It requires showing that the police did more than simply present an opportunity to commit a crime; they must have improperly induced or persuaded you to commit a crime you were not otherwise predisposed to commit.

• Can my property really be taken away?

  Yes. Under Virginia’s civil asset forfeiture laws, real estate and other property used to facilitate criminal activity, including operating a bawdy house, can be seized by the government in a separate legal action.

• Is each visit to a bawdy place a separate charge?

  The statute states that “each and every day such bawdy place shall be kept, resided in or visited shall constitute a separate offense.” This gives prosecutors the ability to stack charges, significantly increasing the potential penalties.

• What is the penalty for a first-time offense?

  Even for a first offense, the charge is a Class 1 Misdemeanor, carrying a maximum penalty of 12 months in jail and/or a $2,500 fine. A judge has discretion, but the potential for jail time is very real.

• How does a prostitution charge under § 18.2-346 relate to this?

  Prostitution (§ 18.2-346) is the underlying act. Bawdy house laws (§ 18.2-347) criminalize the place where prostitution occurs and the various roles people play in relation to that place (keeper, resident, visitor).

• What should I do if I am contacted by police about a bawdy house investigation?

  You should immediately and politely decline to answer any questions. State clearly, “I am exercising my right to remain silent, and I would like to speak with an attorney.” Do not say anything else. Then, contact seasoned legal counsel immediately.

• Can these charges be reduced or dismissed?

  Yes. Through negotiation with the prosecutor or by successfully challenging the evidence in court, it is often possible to have charges dismissed, reduced to a lesser offense (like disorderly conduct), or be found not guilty at trial.

• Why do I need a lawyer for a misdemeanor?

  A Class 1 Misdemeanor in Virginia is a serious criminal offense with lifelong consequences. The legal complexities of bawdy house statutes, particularly the elements of knowledge and intent, require the analysis of a knowledgeable criminal defense attorney to navigate the system and protect your rights.

Navigating the complexities of a bawdy house charge in Virginia requires a deep understanding of the law and a strategic, assertive defense. The potential consequences are too severe to face alone. If you or someone you know is facing an investigation or charge under Virginia Code § 18.2-347, the time to act is now.

Contact the Law Offices Of SRIS, P.C. at 888-437-7747 to schedule a confidential case assessment. Our team is prepared to review the facts of your case and provide you with a clear understanding of your legal options.

Disclaimer: The information contained in this article is for general informational purposes only and does not constitute legal advice. The laws regarding bawdy house offenses are complex and subject to change. You should not act or refrain from acting based on this information without seeking professional legal counsel specific to your situation. The attorney-client relationship is not formed by reading this article or by contacting our firm; it is only formed after a written agreement is signed.