What is considered Prostitution: Overview

Prostitution in Virginia is offering or agreeing to exchange sexual acts for money or other compensation. Key features include:

• Offer or agreement: A person offers or accepts to engage in sexual actions.
• Consideration: Refers to the transaction or promise of money or something valuable.
• Illegal act: Prostitution is illegal in Virginia.  

It is vital to understand that prostitution laws encompass related charges such as solicitation of prostitution and pandering. Consultation with a Virginia beach Prostitution lawyer is critical in a given instance.

Brief about Prostitution

What is considered Prostitution?

• Prostitution is the exchange of sexual services for money or other types of payment. 
• It is a multifaceted societal issue with differing legal positions in different countries and locations.
• Prostitution is generally associated with negative public attitudes and is typically outlawed. However, there are various opinions about its morality and legality. 

• Some say that it is a mutually beneficial exchange of services. In contrast, others see it as exploitative and detrimental, especially when people are coerced or trafficked into the industry.

• The legality of prostitution varies greatly. Some countries outlaw it, while others allow it under certain conditions.

•  Some jurisdictions decriminalize it, which means the act itself is not illegal, but related actions such as solicitation or running a brothel may be.
• It is vital to remember that prostitution is frequently associated with issues such as human trafficking, organized crime, and the transmission of sexually transmitted illnesses. 
• These issues are of considerable importance to public health and social welfare groups.

Understanding the nuances of prostitution is critical when dealing with erroneous convictions. Prostitution accusations are sometimes inaccurate or misleading information, which results in unjust legal outcomes.

Prostitution Laws

Prostitution-related crimes in Virginia are severe. If you are facing allegations of prostitution, contact a Virginia criminal 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 guilty 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.

Prostitution Penalties

• Class 1 misdemeanor: Maximum penalty of 12 months in jail and a fine of $2,500.
• 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 and a fine of up to $100,000.

Legal aspects of prostitution

The legal aspects of prostitution are complex and vary by jurisdiction. In general, laws have numerous categories:

• Complete Criminalization: Prostitution and related practices (such as solicitation, pimping, and brothel-keeping) are outlawed.
• Partial criminalization: Some aspects of prostitution are illegal (for example, soliciting and pimping), while others are not.
• Decriminalization: Prostitution is legal but regulated.
• Legalization: Prostitution is legal and unregulated.

Potential Legal Avenues for Defense

If someone with a prostitution-related felony, potential legal defenses may include:

• Lack of Evidence: The prosecution may be unable to prove beyond a reasonable doubt that the accused engaged in prostitution or similar activities.
• Entrapment: The accused may claim that law enforcement compelled or enticed them into committing a crime they would not have otherwise done.
• Duress: The accused may allege that they were forced to engage in prostitution because of threats or violence.
• Mistake of fact: The accused may claim that they were unaware of the criminal nature of their activities.
• Violation of Constitutional Rights: The accused may claim rights violated during the inquiry or arrest.

How our attorney is crucial in defending 

If accused of prostitution, a Virginia Beach Prostitution Lawyer can be instrumental in your defense. Here’s how:

Building a Strong Defense

• Investigating the Case: The attorney will meticulously examine the prosecution’s evidence for inconsistencies or vulnerabilities. 
• Identifying potential defenses: Based on the collected evidence, they will construct legal defenses such as 

1. Entrapment: Entrapment occurs when someone is coerced or deceived into committing a crime they would not have otherwise committed. 
2. Lack of Evidence: If the prosecution fails to prove beyond a reasonable doubt that the accused engaged in prostitution.
3. Mistake of Fact: This defense occurs when the accused mistakenly believed in a set of facts that, if true, would have justified their actions. 
4. Witness Testimony: If witnesses can corroborate the accused’s innocence.
5. Negotiating with the Prosecution: The attorney might negotiate with the prosecutor to decrease the charges or drop the case entirely, especially if the evidence is poor or there are compelling reasons to dispute the charge.

• Court Representation: If the case goes to trial, the attorney will forcefully defend the accused by presenting evidence, cross-examining witnesses, and advocating for acquittal.

Protecting the accused’s rights

• Understanding Legal Rights: Throughout the legal process, the attorney will make sure the accused understands their rights, which include the right to remain silent, the right to an attorney, and the right to a fair trial.
• Protecting Against Unfair Treatment: They will strive to prevent infringement of the accused’s rights, such as illegal searches, seizures, or interrogations.

Mitigating Potential Consequences

• Minimizing harm: A prostitution arrest can have lasting consequences, even if charges are dropped or dismissed. Reputation damage and job loss are potential outcomes. An attorney can help mitigate these adverse effects. 

The lack of a globally acknowledged what is considered prostitution presents substantial issues for law enforcement, the judiciary, prostitution terminology, and persons charged with prostitution-related charges. In circumstances of false allegations, this ambiguity might have disastrous implications. To ensure justice and protect individuals’ rights, legal definitions of prostitution and related terminology must be explicit and exact, and this will not only ensure accurate prosecutions but also provide a strong foundation for defending the accused. Seeking legal representation is critical for anyone facing prostitution-related allegations. 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 for legal counsel to build a strong defense tailored to your case.