Virginia Law: Solicitation of Prostitution
Solicitation of prostitution is a Class 1 Misdemeanor criminal offense under Va Code § 18.2-346, punished by up to 12 months in jail, a $2500.00 fine, and a sexually transmitted disease blood test. The elements of solicitation of a prostitute require an attempt by the accused to incite another to commit a sexual act for profit. It is immaterial whether the solicitation is of any effect and whether the crime solicited is in fact committed. The gist of the offense is incitement.
Code § 18.2-346(B) states that “[a]ny person who offers money or its equivalent to another for the purpose of engaging in sexual acts as enumerated [in subsection A] and thereafter does any substantial act in furtherance thereof shall be guilty of solicitation of prostitution and shall be guilty of a Class 1 misdemeanor.” Code § 18.2-346(A) enumerates the following acts: “adultery, fornication or any act in violation of [Code] § 18.2-361.” Code § 18.2-361(A) is violated if a person “carnally knows any male or female person by the anus or by or with the mouth.” The term “carnal knowledge” has been construed to refer to “any sexual bodily connection.” Cunnilingus, fellatio, anilingus, and anal intercourse are acts of carnal knowledge of any male or female person by the anus or by or with the mouth” in violation of Code § 18.2-361(A).
Virginia punishes various lewd, lascivious and indecent acts under the Virginia code. Virginia’s decency charges are criminal offenses under Virginia law. Most of these are punished as Class 1 Misdemeanor offenses, which means you face up to one year in jail, up to a $2,500.00 fine, and blood testing for sexually transmitted diseases.
Virginia Law | Virginia Code §18.2-346 |
What is Prohibited | Prostitution, Solicitation, and Promoting Prostitution |
Who Can be Prosecuted |
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Penalties | Prostitution: class 1 misdemeanor penalties and mandatory STD testing |
Payment | Money or anything of value in exchange for the sexual services is sufficient (i.e. property). |
“Sexual Activity” | Any kind of sexual relation including traditional sexual intercourse, oral sex, masturbation, touching in a sexual area or even on the buttocks. |
Virginia Solicitation and Prostitution Laws
§ 18.2-346. Being a prostitute or prostitution.
A. Any person who, for money or its equivalent, commits adultery, fornication or any act in violation of § 18.2-361, or offers to commit adultery, fornication or any act in violation of § 18.2-361 and thereafter does any substantial act in furtherance thereof, shall be guilty of being a prostitute, or prostitution, which shall be punishable as a Class 1 misdemeanor.
B. Any person who offers money or its equivalent to another for the purpose of engaging in sexual acts as enumerated above and thereafter does any substantial act in furtherance thereof shall be guilty of solicitation of prostitution and shall be guilty of a Class 1 misdemeanor.
VA Code § 18.2-347. Keeping, residing in or frequenting a bawdy place; “bawdy place” defined.
It shall be unlawful for any person to keep any bawdy place, or to reside in or at or visit, for immoral purposes, any such bawdy place. Each and every day such bawdy place shall be kept, resided in or visited, shall constitute a separate offense. In a prosecution under this section the general reputation of the place may be proved.
As used in this Code, “bawdy place” shall mean any place within or without any building or structure which is used or is to be used for lewdness, assignation or prostitution.
§ 18.2-387. Indecent exposure.
Every person who intentionally makes an obscene display or exposure of his person, or the private parts thereof, in any public place, or in any place where others are present, or procures another to so expose himself, shall be guilty of a Class 1 misdemeanor. No person shall be deemed to be in violation of this section for breastfeeding a child in any public place or any place where others are present.
§ 18.2-387.1. Obscene sexual display; penalty.
Any person who, while in any public place where others are present, intending that he be seen by others, intentionally and obscenely as defined in § 18.2-372, engages in actual or explicitly simulated acts of masturbation, is guilty of a Class 1 misdemeanor.
Fairfax County Prostitution and Solicitation Law
Section 28.1-4-6. – Massaging, touching, exposing erogenous areas.
(a) It is unlawful for any person, in a massage establishment or during the course of an out-call massage transaction, to touch, with any part of his or her body or with any object, another person’s clothed or unclothed erogenous area.
(b) It is unlawful for any person, in a massage establishment or during the course of an out-call massage transaction, to fail to conceal his or her erogenous areas with a fully opaque covering while in the presence of others.
(c) It is unlawful for any person owning, operating or managing a massage establishment or out-call massage business to knowingly cause or allow, in or about such massage establishment or as part of an out-call massage business, any agent, employee or any other person under his control or supervision to perform any act prohibited by this section.
Any person violating any provision of this Chapter shall be guilty of a Class 1 misdemeanor.
§ 18.2-348. Aiding prostitution or illicit sexual intercourse.
It shall be unlawful for any person or any officer, employee or agent of any firm, association or corporation, with knowledge of, or good reason to believe, the immoral purpose of such visit, to take or transport or assist in taking or transporting, or offer to take or transport on foot or in any way, any person to a place, whether within or without any building or structure, used or to be used for the purpose of lewdness, assignation or prostitution within this Commonwealth; or procure or assist in procuring for the purpose of illicit sexual intercourse, or any act violative of § 18.2-361, or to give any information or direction to any person with intent to enable such person to commit an act of prostitution.
§ 18.2-349. Using vehicles to promote prostitution or unlawful sexual intercourse.
It shall be unlawful for any owner or chauffeur of any vehicle, with knowledge or reason to believe the same is to be used for such purpose, to use the same or to allow the same to be used for the purpose of prostitution or unlawful sexual intercourse, or to aid or promote such prostitution or unlawful sexual intercourse by the use of any such vehicle.
§ 18.2-357. Receiving money from earnings of male or female prostitute.
Any person who shall knowingly receive any money or other valuable thing from the earnings of any male or female engaged in prostitution, except for a consideration deemed good and valuable in law, shall be guilty of pandering, punishable as a Class 4 felony.
§ 48-7. Houses and contents are nuisances subject to abatement.
Any person who shall knowingly erect, establish, continue, maintain, use, own, occupy or lease any building, erection, place, or area used for the purpose of lewdness, assignation, prostitution, or activities of a criminal street gang, as criminal street gang is defined in § 18.2-46.1 in the Commonwealth is guilty of a nuisance, and the building, erection, place, or area, the ground itself, in or upon which such lewdness, assignation, prostitution, or criminal street gang activity is conducted, permitted, or carried on, continued, or exists, and the furniture, fixtures, musical instruments and contents are also declared a nuisance, and shall be enjoined and abated as hereinafter provided.
§ 18.2-373. Obscene items enumerated.
Obscene items shall include:
(1) Any obscene book;
(2) Any obscene leaflet, pamphlet, magazine, booklet, picture, painting, bumper sticker, drawing, photograph, film, negative, slide, motion picture, videotape recording;
(3) Any obscene figure, object, article, instrument, novelty device, or recording or transcription used or intended to be used in disseminating any obscene song, ballad, words, or sounds; or
(4) Any obscene writing, picture or similar visual representation, or sound recording, stored in an electronic or other medium retrievable in a perceivable form.
§ 18.2-374. Production, publication, sale, possession, etc., of obscene items.
It shall be unlawful for any person knowingly to:
(1) Prepare any obscene item for the purposes of sale or distribution; or
(2) Print, copy, manufacture, produce, or reproduce any obscene item for purposes of sale or distribution; or
(3) Publish, sell, rent, lend, transport in intrastate commerce, or distribute or exhibit any obscene item, or offer to do any of these things; or
(4) Have in his possession with intent to sell, rent, lend, transport, or distribute any obscene item. Possession in public or in a public place of any obscene item as defined in this article shall be deemed prima facie evidence of a violation of this section.
For the purposes of this section, “distribute” shall mean delivery in person, by mail, messenger or by any other means by which obscene items as defined in this article may pass from one person, firm or corporation to another.
§ 18.2-375. Obscene exhibitions and performances.
It shall be unlawful for any person knowingly to:
(1) Produce, promote, prepare, present, manage, direct, carry on or participate in, any obscene exhibitions or performances, including the exhibition or performance of any obscene motion picture, play, drama, show, entertainment, exposition, tableau or scene; provided, that no employee of any person or legal entity operating a theatre, garden, building, structure, room or place which presents such obscene exhibition or performance shall be subject to prosecution under this section if the employee is not the manager of the theatre or an officer of such entity, and has no financial interest in such theatre other than receiving salary and wages; or
(2) Own, lease or manage any theatre, garden, building, structure, room or place and lease, let, lend or permit such theatre, garden, building, structure, room or place to be used for the purpose of presenting such obscene exhibition or performance or to fail to post prominently therein the name and address of a person resident in the locality who is the manager of such theatre, garden, building, structure, room or place.
§ 18.2-376. Advertising, etc., obscene items, exhibitions or performances.
It shall be unlawful for any person knowingly to prepare, print, publish, or circulate, or cause to be prepared, printed, published or circulated, any notice or advertisement of any obscene item proscribed in § 18.2-373, or of any obscene performance or exhibition proscribed in § 18.2-375, stating or indicating where such obscene item, exhibition, or performance may be purchased, obtained, seen or heard.
§ 18.2-377. Placards, posters, bills, etc.
It shall be unlawful for any person knowingly to expose, place, display, post up, exhibit, paint, print, or mark, or cause to be exposed, placed, displayed, posted, exhibited, painted, printed or marked, in or on any building, structure, billboard, wall or fence, or on any street, or in or upon any public place, any placard, poster, banner, bill, writing, or picture which is obscene, or which advertises or promotes any obscene item proscribed in § 18.2-373 or any obscene exhibition or performance proscribed in § 18.2-375, or knowingly to permit the same to be displayed on property belonging to or controlled by him.
§ 18.2-376.1. Enhanced penalties for using a computer in certain violations.
Any person who uses a computer in connection with a violation of §§ 18.2-374, 18.2-375, or § 18.2-376 is guilty of a separate and distinct Class 1 misdemeanor, and for a second or subsequent such offense within 10 years of a prior such offense is guilty of a Class 6 felony, the penalties to be imposed in addition to any other punishment otherwise prescribed for a violation of any of those sections.
§ 18.2-382. Photographs, slides and motion pictures.
Every person who knowingly:
(1) Photographs himself or any other person, for purposes of preparing an obscene film, photograph, negative, slide or motion picture for purposes of sale or distribution; or
(2) Models, poses, acts, or otherwise assists in the preparation of any obscene film, photograph, negative, slide or motion picture for purposes of sale or distribution;
shall be guilty of a Class 3 misdemeanor.
