Prostitution Law: Overview

Prostitution law criminalizes prostitution and related activities. Engaging in sexual acts for money is a misdemeanor while soliciting, pimping, and pandering are also illegal. Penalties vary based on the specific charge and the offender’s criminal history. If you or someone you know faces prostitution-related charges, it’s crucial to consult with a prostitution lawyer immediately.

Virginia Prostitution Laws

Prostitution-related crimes in Virginia are severe. If you are facing allegations of prostitution, contact a Virginia Prostitution lawyer and understand the Virginia Prostitution laws to take the necessary steps.

1) Prostitution; Commercial Sexual Conduct ( Section 18.2-346)

This section covers two crimes:

• Prostitution(Section 18.2-346(A)): Prostitution occurs when an individual performs sexual activities for money or an equivalent (e.g., drugs) or offers to do sexual acts for money or an equivalent. This crime is a Class 1 misdemeanor.
• Solicitation of prostitution (Section 18.2-346 (B): If a person offers money to another person in exchange for sexual activities and subsequently acts on the offer, the individual is guilty of solicitation of prostitution, a Class 1 misdemeanor. 
• Section 18.2-346(B)(I): If an individual solicits prostitution from a minor who is at least 16 years old, the crime solicitation of prostitution is considered a Class 6 felony. 
• Section 18.2-346 (B)(ii): If an individual solicits prostitution from a minor under the age of 16, the crime solicitation of prostitution is considered a Class 5 felony. 

2) Keeping, Living in, or Visiting Bawdy Places (Section 18.2-347)

• If a person keeps, resides in, or attends a brothel for immoral purposes (e.g., prostitution), the person is committing a Class 1 misdemeanor.

3) Aiding Prostitution or Illicit Sexual Intercourse (Section 18.2-348)

• If someone knows or should know takes someone to any location for the immoral purpose of prostitution, that person is guilty of facilitating prostitution, a Class 1 misdemeanor.

4) Using Vehicles to Promote Prostitution (Section 18.2-349)

• A person commits a Class 1 misdemeanor if they knowingly use or permit their vehicle to be used for prostitution or to facilitate prostitution. 

5) Taking, Detaining, or Confining a Person for Prostitution (Section 18.2-355)

An individual is guilty of taking, detaining, or agreeing to prostitution if they do any of the following: 

• Takes someone into, or forces someone to enter, a “bawdy place” or takes a person to any place against their will for prostitution or;
• Takes or detains someone against their will to force or coerce the person into marrying the individual or another person, to defile the victim, or;
• A person who is the victim’s father or guardian and consents to or approves of the victim’s seizure or detention for prostitution is to have facilitated prostitution. 

This crime is considered a Class 4 felony.

6) Receiving Money for Procuring a Person for Prostitution (Section 18.2-356)

• If an individual obtains money or something of value in exchange for someone or places that person in a bawdy house, brothel, or other location for prostitution.
• The individual is of a class 4 felony. 

7) Receiving Money From Earnings of Prostitute (Section 18.2-357)

• If an individual gets money or anything of value from a prostitute’s earnings while knowing the source, the individual is guilty of pandering, which is a Class 4 felony.

Legal consequences of prostitution in Virginia

In Virginia, engaging in prostitution is a crime. A person convicted of this offense can face VA Prostitution Penalties. They may be required to undergo mandatory STD testing and counseling. A prostitution conviction can have long-term consequences affecting employment, housing, and personal relationships.

VA Prostitution Penalties 

If a person is found guilty of: 

Class 1 misdemeanor

• 12 months in jail
• A Fine of up to $2500

Class 6 felony

• A sentence of one to five years in prison is possible for this offense. However, the court or jury may impose a lesser penalty of up to twelve months in jail and a fine of up to $2,500. 

Class 5 felony

•  A maximum penalty of ten years in prison is possible for this offense. However, the court or jury may choose a lesser sentence of up to twelve months in jail and a fine of up to $2,500. 

Class 4 felony 

• Two to ten years in prison
• A fine of up to $100,000 

Defending against Prostitution charge

Defending against a prostitution charge in Virginia requires a prostitution lawyer who understands the nuances of the law and the potential defenses available. Here are some common defense strategies:

• Understand Prostitution law: A clear understanding of prostitution law is crucial.
• Lack of Evidence: The prosecution must definitively prove an exchange of sexual acts for money or other compensation. Weak or circumstantial evidence may challenge this claim.  
• Entrapment: Law enforcement coercion or inducement to commit a crime might lead to the dismissal of charges.  
• Mistake of Fact: In rare cases, a defendant may claim they were unaware of the illegal nature of their actions.
• Constitutional Violations: Evidence obtained through infractions of an individual’s rights during arrest or investigation may be inadmissible in court.

How our Prostitution Lawyer help in Prostitution charge

Our prostitution attorney can provide crucial assistance in defending against VA prostitution legal cases. Here’s how:

• Thorough Investigation: We will conduct a comprehensive investigation to gather evidence, interview witnesses, and analyze the prosecution’s case.
• Strong Defense Strategy: Based on the evidence, we will develop a robust defense strategy tailored to your specific case, such as challenging the evidence, asserting constitutional violations, or exploring potential defenses like entrapment or mistake of fact.
• Negotiation with Prosecutors: Our attorney can negotiate with the prosecution to reduce charges or seek a dismissal of the case if warranted.
• Courtroom Representation: If the case proceeds to trial, we will provide aggressive representation, cross-examine witnesses, and present compelling arguments in your defense.

If convicted of a prostitution charge, seeking legal help is crucial. Engage a Virginia prostitution lawyer who targets wrongful convictions to review the case thoroughly. They can identify procedural errors, present new evidence, and challenge the conviction. Contact organizations focused on criminal justice reform and wrongful convictions for potential support and resources. It is vital to act promptly according to the law on prostitution. With over 50 years of combined legal experience, our attorneys at The Law Offices of SRIS, P.C. bring unparalleled knowledge and competence to every case. Contact us to seek legal advice and support, which can make a significant difference in rectifying a wrongful conviction and ensuring justice.