Dissecting the Prostitution Criminal Code: A Virginia Defense Attorney’s Guide

Understanding the Scope of Virginia’s Prostitution Laws

Over my two decades defending clients across Virginia, I’ve seen how a single lapse in judgment can lead to a prostitution or solicitation charge, creating a crisis that threatens a person’s reputation, career, and family. The prostitution criminal code in Virginia is far more expansive than many people realize. It’s not just about exchanging money for sex. The law is written to criminalize the entire chain of events, from the initial offer to the final act.

Most of the clients I see are not hardened criminals; they are ordinary people who made a mistake, often lured by an online advertisement that was, in reality, a police sting operation. The primary law, Virginia Code § 18.2-346, makes it illegal for any person to commit a sexual act for money or its equivalent. Crucially, this statute also makes it illegal to offer money or to accept money with the intent to perform such an act. This is the foundation of the criminal solicitation statute that police use to charge individuals, overwhelmingly men, in undercover “john” stings.

This comprehensive guide will demystify Virginia’s prostitution and solicitation laws. We will explore the statutes, the severe penalties, the court process, and the sophisticated strategies required to defend against these charges. The social stigma associated with this offense is immense, but it is critical to look past the embarrassment and focus on mounting a vigorous legal defense. Understanding the law is the first, most crucial step in protecting yourself from a conviction that can have lifelong consequences.

Penalties and Stakes: Beyond the Courtroom

A charge for prostitution or solicitation under Virginia Code § 18.2-346 is a Class 1 misdemeanor, the most serious category of misdemeanor in the Commonwealth. The consequences of a conviction are severe and extend far beyond the potential for jail time or a fine. A guilty verdict creates a permanent criminal record that can inflict profound and lasting damage on your personal and professional life.

When clients first come to my office, they are often most concerned about the immediate legal penalties. While those are significant, it is my duty as a seasoned attorney to explain the full scope of the consequences. The “collateral” damage from a prostitution-related conviction is often the most painful and enduring punishment. This is why fighting the charge is paramount.

Direct Legal Penalties

As a Class 1 misdemeanor, the court has the authority to impose punishments up to the statutory maximum:

• Incarceration: A jail sentence of up to twelve (12) months.
• Fines: A monetary fine of up to $2,500.
• Combined Sentence: The judge has the discretion to impose both jail time and a fine.
• HIV Testing: A conviction under this statute requires the defendant to undergo testing for HIV and to have the results disclosed to the court and the Virginia Department of Health.
• Vehicle Forfeiture: If a motor vehicle was “substantially used” in the commission of the crime, the Commonwealth can initiate a separate civil action to seize and forfeit your vehicle.

For a second or subsequent offense, the penalties can increase, and in some circumstances involving minors or force, the charges can escalate to serious felonies.

The Life-Altering Collateral Consequences

For many of my clients, the non-legal consequences are their greatest fear, and for good reason. A criminal record for prostitution or solicitation is public and permanent. It cannot be expunged if you are found guilty. This leads to a host of problems:

• Damage to Reputation: The stigma associated with a sex-related crime is immense. It can destroy personal relationships, lead to divorce, and cause irreparable harm within your family and community.
• Employment Issues: Most employers conduct background checks. A conviction for a crime of “moral turpitude” like solicitation can make it nearly impossible to get hired in many fields. It can also be grounds for termination from your current job, especially if you are in a position of trust, work with children, or are in a licensed profession.
• Loss of Professional Licenses: If you are a doctor, lawyer, nurse, teacher, or hold any other state-issued professional license, a conviction will likely trigger a review by your licensing board, which can result in suspension or revocation.
• Security Clearance Revocation: A conviction for solicitation or prostitution will almost certainly lead to the denial or revocation of a government security clearance, ending a career in the military, government, or for many federal contractors in Virginia.
• Immigration Consequences: For non-citizens, a conviction under the prostitution criminal code can be devastating, often leading to deportation proceedings and making it impossible to obtain a green card or citizenship.

The stakes are incredibly high. A conviction doesn’t just punish you for a past mistake; it actively curtails your future opportunities. This is why treating a solicitation charge as a minor issue is a grave error.

The Legal Process for Prostitution & Solicitation Charges in Virginia

When charged with a Class 1 misdemeanor like prostitution or solicitation, you are thrust into the Virginia legal system. Understanding the steps of this process can help alleviate some of the anxiety and uncertainty. These cases are typically heard in the General District Court of the city or county where the alleged offense occurred. The process is formal, and navigating it requires skilled legal counsel.

From the moment of the arrest—which is often a disorienting experience in an undercover sting—to the final court date, there is a clear path the case follows. Law enforcement, prosecutors, and the courts all have specific roles. Knowing what to expect at each stage is essential for building an effective defense.

Step 1: The Charge – Arrest and Release

Most solicitation charges arise from a sting operation. The process often looks like this: an individual responds to an online ad, communicates with an undercover officer posing as a prostitute, and arranges to meet. At the meeting location, police are waiting to make an arrest.

• The Arrest: Police will identify themselves and place you under arrest. They will likely question you. It is critical to remember your right to remain silent. Anything you say can and will be used against you.
• Release: For a misdemeanor charge, you will typically be taken to a magistrate’s office. The magistrate will set a bond (which may be a personal recognizance bond, meaning no money is required upfront) and give you a date for your first court appearance. You are then released. Your vehicle may be impounded at this stage if police intend to pursue forfeiture.

Step 2: The Arraignment in General District Court

Your first court date is the arraignment. This is a brief, formal hearing. The judge will officially inform you of the charge (e.g., “Solicitation of Prostitution, in violation of Virginia Code § 18.2-346”). The judge will also ask if you have hired an attorney or if you need a court-appointed one (if you qualify financially). At this time, you will enter a plea. The only plea you should enter at this stage is “Not Guilty.” This preserves all of your legal rights and gives your attorney the time needed to prepare your case.

Step 3: Pre-Trial Preparation

This is the most critical phase of your defense. After the arraignment, your attorney will get to work. This involves several key actions:

• Discovery Request: Your attorney will file a formal request with the Commonwealth’s Attorney (the prosecutor) for all the evidence they have against you. This includes the police report, the officer’s written narrative, recordings of any phone calls, copies of text messages or emails, and the content of the online ad you responded to.
• Evidence Review: Your attorney will meticulously review the Commonwealth’s evidence to find weaknesses. Did the officer’s report contradict their other statements? Was the communication between you and the undercover officer ambiguous? Did you actually make a clear offer of money for sex?
• Legal Research and Strategy: Based on the evidence, your attorney will research relevant case law and develop a defense strategy. This could involve filing pre-trial motions, such as a motion to suppress evidence if your rights were violated.
• Negotiation: Your attorney will engage with the prosecutor. Depending on the strength of the case and your background, it may be possible to negotiate a favorable outcome, such as having the charge reduced to a non-sex-related offense (like disorderly conduct) or having it dismissed in exchange for completing classes or community service.

Step 4: The Trial

If the case cannot be resolved through negotiation, it will proceed to trial in the General District Court. This is a “bench trial,” meaning a judge decides the case, not a jury.

• The Commonwealth’s Attorney will present their case, which usually involves the testimony of the undercover officer.
• Your attorney will have the opportunity to cross-examine the officer, challenging their memory, their interpretation of events, and any inconsistencies in their story.
• Your attorney can then present your defense, which may or may not involve your own testimony.
• After hearing all the evidence, the judge will render a verdict of “guilty” or “not guilty.”

Step 5: Sentencing and the Right to Appeal

If you are found guilty, the judge will immediately proceed to sentencing. Both your attorney and the prosecutor can make arguments about the appropriate punishment. If found guilty, you have an absolute right to appeal the decision to the Circuit Court within 10 calendar days. An appeal grants you a brand new trial, this time with the option for a jury.

The SRIS Sting Operation Evidence Analysis Checklist

A solicitation charge resulting from a police sting operation often hinges on the specific details of your interaction with the undercover officer. Memories can fade, and police reports can be one-sided. This “Sting Operation Evidence Analysis Checklist” is a critical tool we use at the Law Offices of SRIS, P.C. to help clients systematically document the facts. Use this guide to prepare for a confidential discussion with your attorney, ensuring a thorough and accurate defense.

Part 1: The Initial Contact and Advertisement

The defense often begins with the bait itself. How you were lured in matters.

• On what website or platform did you see the advertisement? (e.g., Backpage, Craigslist, Eros, etc. – be specific).
• What exactly did the ad say? Did it use explicit terms for sex, or was it vague and suggestive? (e.g., “looking for a good time,” “relaxing massage”).
• Did the ad list a price, or was that discussed later?
• Do you have a screenshot or a link to the original advertisement?

Part 2: The Communication Record

The “agreement” is almost always formed through texts or phone calls. The exact wording is the most important evidence in the case.

• Did you communicate via text message, email, or a phone call?
• What specific words did YOU use? Did you ever use words like “sex,” “oral,” or other explicit terms?
• What specific words did the UNDERCOVER OFFICER use? Did they introduce the explicit terms, or did you?
• Was a specific price for a specific sexual act ever explicitly agreed upon by both parties? Or was the conversation about a “donation” or “gift” for their “time”?
• Who suggested the meeting location?
• Preserve all of these communications. Do not delete them.

Part 3: The In-Person Meeting and “The Agreement”

What happened at the meeting location is the final piece of the prosecution’s puzzle.

• Where was the meeting? (e.g., hotel room, your car, an apartment).
• Was there an audio or video recording device in the room? (Often, there is).
• Before the arrest, did the undercover officer ask you to confirm the agreement? (e.g., “So, just to be clear, it’s $150 for X?”). What was your exact response?
• Did you place any money on the table or bed? Did the officer ask you to?
• At what point did the police enter and make the arrest? Was it before or after any money was exchanged? Was it before or after any clothing was removed?

Part 4: The Arrest and Questioning

Your actions after the arrest can be used against you. Document what you remember.

• Did the arresting officers read you your Miranda rights?
• Did you make any statements or answer any questions after being arrested? Did you admit to anything?
• Did you consent to a search of your phone or your car?
• Were you respectful and compliant, or argumentative?

By breaking down the event into these components, you provide your attorney with the detailed factual basis needed to identify weaknesses in the state’s case, challenge the evidence, and build a powerful defense against the criminal solicitation statute.

Defending Your Future: Legal Strategies Against Solicitation Charges

A solicitation charge in Virginia is defensible. The Commonwealth has the burden of proving every single element of the crime beyond a reasonable doubt. My role as a defense attorney is to hold them to that burden and to dismantle their case piece by piece. A successful defense strategy often focuses on the specific evidence from the police sting operation and the precise language of the criminal solicitation statute.

While the facts of every case are unique, several key defense strategies have proven effective in fighting these charges. An arrest is not a conviction. By challenging the evidence and the police conduct, we can often achieve a dismissal, an acquittal, or a favorable negotiated plea that protects our client’s record and reputation.

Strategy 1: Challenging the “Agreement”

This is often the most fertile ground for a defense. The prosecutor must prove there was a clear, unequivocal agreement to exchange money (or its equivalent) for a sexual act. Ambiguity is the enemy of the prosecution’s case.

• Vague Language: We scrutinize the text messages and recorded conversations. Was the discussion about a “donation,” a “gift,” or “partying”? If you never explicitly agreed to pay a specific amount for a specific sex act, we can argue that the legal element of an “agreement” was never met.
• Lack of “Quid Pro Quo”: We argue that there was no “this for that.” Perhaps you agreed to meet, but the conversation about what would happen and for how much was never finalized. We can argue that the interaction was still in a negotiation phase when the arrest was made.

Strategy 2: The Entrapment Defense

Entrapment is a difficult but sometimes viable defense. It is not enough to show that the police provided you with the opportunity to commit a crime. To prove entrapment, we must show two things:

1. The police induced or persuaded you to commit a crime that you were not otherwise predisposed to commit.
2. You were not ready and willing to commit the crime before the police intervened.

This defense may apply if the undercover officer was unusually persistent, pressuring you through repeated calls or texts after you had expressed hesitation, or making promises or threats to lure you into the agreement. It focuses on the officer’s conduct being so overbearing that it essentially created the crime.

Strategy 3: Attacking the Evidence and Police Procedure

A defense attorney’s job is to test the integrity of the state’s evidence and the legality of the police conduct.

• Motions to Suppress: If the police obtained evidence in violation of your constitutional rights, we can file a motion to have that evidence suppressed, or thrown out. For example, if they searched your phone without a warrant or your valid consent, any incriminating texts they found might be ruled inadmissible.
• Inconsistencies in Testimony: We rigorously cross-examine the undercover officer at trial. We compare their testimony in court to their written police report. Any inconsistencies, contradictions, or memory lapses can be used to damage their credibility and create reasonable doubt in the judge’s mind.

Strategy 4: Negotiation for a Non-Sex-Related Offense

In some cases, the evidence may be strong, but a trial is still a risk for the prosecutor. In these situations, a skilled negotiator can often work out a favorable plea agreement. The primary goal is to avoid a conviction under the prostitution criminal code, § 18.2-346, to prevent the lifelong stigma. We can often negotiate for our client to plead to a different, non-sex-related misdemeanor, such as Disorderly Conduct or Trespassing. This may still result in a misdemeanor on their record, but it is one that does not carry the same devastating collateral consequences for employment and reputation. This is often a pragmatic and powerful way to resolve a case and allow a client to move on with their life.

Critical Mistakes to Avoid When Accused

In the immediate aftermath of an arrest for solicitation or prostitution, you are likely feeling a mix of panic, embarrassment, and fear. Acting on these emotions can lead you to make critical errors that can jeopardize your defense. As a seasoned attorney, I have seen these same mistakes derail cases time and again. Avoiding these pitfalls is essential.

• Giving a Confession at the Scene. This is the single worst mistake you can make. Police are trained to elicit confessions. They might say things like, “We know what happened, just be honest and we can help you out.” This is a tactic. Any admission you make—”I messed up,” “I’m sorry,” “I was just curious”—will be the centerpiece of the prosecutor’s case. You must invoke your right to remain silent.
• Consenting to a Search of Your Phone. Police will often ask for your consent to search your phone to see the text messages or the ad you responded to. You are not required to give consent. Politely refuse. By consenting, you are waiving your warrant protections and giving them free access to the evidence they need to convict you. Make them get a warrant.
• Deleting Communications from Your Phone. In a panic, you might be tempted to delete the text messages, call history, or the ad from your phone. Do not do this. This can be viewed as destruction of evidence or “consciousness of guilt.” Furthermore, police forensics can often recover deleted data, and the act of deletion itself becomes another piece of evidence against you.
• Believing It’s “Just a Misdemeanor.” Many people underestimate the charge because it is a misdemeanor, not a felony. This is a grave error. A Class 1 misdemeanor in Virginia is a serious crime with potential jail time. More importantly, a conviction for a sex-related offense, even a misdemeanor, carries a lifetime of stigma and can destroy your career and reputation.
• Trying to Handle the Case Yourself. The legal system is complex, and the stakes are far too high to go it alone. Attempting to represent yourself or simply showing up to court to plead guilty to “get it over with” is a sure way to end up with a permanent criminal record that will follow you forever.
• Waiting to Hire an Experienced Attorney. Time is of the essence. The sooner you hire an attorney, the sooner they can begin preserving evidence, analyzing the Commonwealth’s case, and advising you on the proper steps to take. Waiting until the day before court puts you and your lawyer at a significant disadvantage.

Glossary of Key Virginia Legal Terms

• Prostitution: As defined in 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 to engage in a sexual act with them. This is the most common charge in police “john” stings.
• Bawdy Place: Defined under VA Code § 18.2-347, this refers to any place, such as a house or building, that is kept for the purpose of prostitution or illicit sexual intercourse. Frequenting or maintaining such a place is a separate crime.
• Entrapment: A legal defense where the defendant argues that they were induced by law enforcement to commit a crime they were not otherwise predisposed to commit. It focuses on egregious police conduct.
• Commonwealth’s Attorney: The official title for the prosecutor in Virginia. This is the lawyer who represents the state (the “Commonwealth”) and is responsible for proving the criminal charge against you.
• Quid Pro Quo: A Latin term meaning “this for that.” In a solicitation case, the prosecutor must prove there was a quid pro quo agreement: a specific amount of money for a specific sexual act.
• Class 1 Misdemeanor: The most serious level of misdemeanor in Virginia, punishable by up to 12 months in jail and/or a fine of up to $2,500.

Common Scenarios Leading to Prostitution-Related Charges

Charges under the prostitution criminal code arise from various situations, but most fall into a few common patterns, largely driven by modern technology and law enforcement tactics.

Scenario 1: The Online “John” Sting

Situation: A man Browse a classified ad website sees a suggestive ad from a woman. He sends a text to the number listed. After a brief, sometimes vague text exchange, they agree on a “donation” and a hotel room for a meeting. When he arrives and knocks on the door, he is met by police and arrested for solicitation.

Legal Analysis: This is the most common scenario in Virginia today. The “woman” was an undercover police officer all along. The defense in these cases hinges entirely on the exact wording of the text messages and any recorded conversations at the hotel. The key legal question is: was there a clear, unambiguous agreement to exchange money for a sexual act, or was the conversation vague enough to create reasonable doubt?

Scenario 2: The First-Time Prostitution Arrest

Situation: A young woman, facing financial hardship, posts an ad of her own online. She agrees to meet a man at a hotel. The man she meets is an undercover officer. She is arrested and charged with prostitution under § 18.2-346.

Legal Analysis: In this situation, the legal elements are often straightforward. However, the defense strategy may focus more on mitigation and negotiation. As a first-time offender, it may be possible for an attorney to negotiate a resolution that involves a deferred disposition, where the charge is ultimately dismissed after completing certain conditions like counseling and community service. This avoids a permanent conviction on her record.

Scenario 3: The “Bawdy Place” Charge

Situation: An individual is visiting a massage parlor that is under police surveillance for suspected prostitution. They receive a legitimate massage but are stopped and questioned by police upon leaving. Police later raid the establishment and charge everyone who was on the client list, including the individual, with Frequenting a Bawdy Place under § 18.2-347.

Legal Analysis: This charge is different from solicitation. The prosecutor doesn’t need to prove you solicited anyone. They must prove (1) the place was, in fact, being used for the purpose of prostitution, and (2) you knew about its reputation and went there anyway. The defense would focus on a lack of knowledge. We would argue that you went there for a legitimate massage, were unaware of any illegal activity, and therefore did not have the criminal intent required for a conviction.

Frequently Asked Questions (FAQ)

• Can I be charged with solicitation if no sex and no exchange of money occurred?

  Yes. The crime of solicitation is completed the moment an offer is made with the required criminal intent. The law punishes the agreement itself, regardless of whether the act was carried out or money ever changed hands.

• What is the difference between prostitution and solicitation in Virginia?

  They are two sides of the same coin under VA Code § 18.2-346. Prostitution generally refers to the person performing or offering to perform the sexual act for money. Solicitation refers to the person offering money for the sexual act (the “john”). Both are Class 1 misdemeanors.

• What does the prosecutor have to prove to convict me of solicitation?

  The Commonwealth’s Attorney must prove beyond a reasonable doubt that you offered money or its equivalent to another person with the specific intent of engaging in a sexual act with them.

• I was just in the wrong place at the wrong time. Can I be convicted?

  Simply being present at a location where prostitution is occurring is not enough for a conviction for prostitution or solicitation. However, you could be charged with frequenting a bawdy place if the prosecutor can prove you knew of the location’s reputation.

• Are the penalties more severe for a second offense?

  Yes. While a first offense is a Class 1 misdemeanor, a second or subsequent conviction for prostitution or solicitation can have enhanced penalties, including mandatory minimum jail sentences in certain circumstances.

• Can I get a solicitation charge expunged from my record?

  In Virginia, if you are convicted (found guilty), the charge cannot be expunged. It remains on your criminal record forever. An expungement is only possible if the charge is dismissed, dropped by the prosecutor (nolle prosequi), or you are found not guilty at trial.

• Will my name be in the newspaper or on the internet?

  Arrest records are often public information and may be published by local news outlets or online police blotters. A conviction in court is also a public record. This is one of the most significant collateral consequences of a charge.

• How can a lawyer defend me against a sting operation? It seems impossible.

  It is far from impossible. Defenses often revolve around attacking the evidence. An experienced lawyer will scrutinize the police conduct for potential entrapment and analyze the communications for ambiguity to argue that a clear, illegal agreement was never actually reached.

• Will this charge affect my immigration status?

  Yes, very likely. Prostitution and solicitation are considered Crimes Involving Moral Turpitude (CIMT). A conviction can make a non-citizen deportable or render them inadmissible, preventing them from obtaining a green card or U.S. citizenship.

• What is “Frequenting a Bawdy Place”?

  Under VA Code § 18.2-347, this is the crime of going to a location (like a massage parlor or house) that you know is being used for the purpose of prostitution. It is also a Class 1 misdemeanor.

• Can my car really be taken away for a misdemeanor solicitation charge?

  Yes. Under Virginia’s asset forfeiture laws, if your vehicle was substantially used to commit the crime (e.g., you drove to the hotel to meet the undercover officer), the government can file a civil suit to take permanent ownership of your car.

• Do I need a lawyer for a misdemeanor prostitution charge?

  Absolutely. The consequences of a conviction are far too severe to handle this alone. A conviction is permanent. An experienced criminal defense attorney can fight to protect your record, your reputation, and your future.

• What if I was intoxicated when I responded to the ad?

  Voluntary intoxication is generally not a legal defense to a crime in Virginia. However, it could potentially be used as a mitigating factor during plea negotiations or at sentencing to argue for a more lenient outcome.

• What is a “deferred disposition”?

  In some cases, a judge can find that the evidence is sufficient for a conviction but can agree to defer a finding of guilt and place you on probation with conditions (e.g., classes, community service). If you successfully complete everything, the charge is dismissed, which avoids a conviction.

• What is the first thing I should do if arrested in a sting?

  Clearly and politely state, “I am exercising my right to remain silent and I want to speak with a lawyer.” Do not answer any questions, do not consent to any searches, and do not make any statements. Then, contact a seasoned criminal defense attorney immediately.

A charge under Virginia’s prostitution criminal code can feel like the end of the world, but it does not have to be the end of your future. A strategic, aggressive defense can make all the difference. If you have been charged with prostitution or solicitation in Virginia, we urge you to contact the Law Offices of SRIS, P.C. at 888-437-7747 for a confidential case assessment.

Disclaimer: This website’s information is for general informational purposes only and does not constitute legal advice. The law is complex and changes frequently. You should consult with a qualified attorney for advice regarding your individual situation. An attorney-client relationship is not formed by reading this website or contacting the firm. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.