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Virginia criminal charge

Commercial sex trafficking in Virginia

Current through 2026 Virginia legislative session

Commercial sex trafficking is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-357.1. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by Va. Code Ann. § 18.2-357.1.

What is the penalty for commercial sex trafficking in Virginia?

Penalties for Commercial sex trafficking
PenaltyRangeBasisAuthority
Jail / prison1 years to 10 years (Commercial sex trafficking — base offense — Soliciting, inviting, recruiting, encouraging, or causing/attempting to cause a person to violate § 18.2-346 with intent to receive money or other valuable thing from that person's prostitution or unlawful sexual intercourse.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e)))discretionaryVa. Code Ann. § 18.2-10
Fineup to $2,500 (Commercial sex trafficking — base offense — Soliciting, inviting, recruiting, encouraging, or causing/attempting to cause a person to violate § 18.2-346 with intent to receive money or other valuable thing from that person's prostitution or unlawful sexual intercourse.; with the jail-confinement alternative under § 18.2-10(e))discretionaryVa. Code Ann. § 18.2-10
Jail / prison2 years to 10 years (Commercial sex trafficking — through force, intimidation, or deception — The subsection A violation is committed through the use of force, intimidation, or deception.)mandatoryVa. Code Ann. § 18.2-10
Fineup to $100,000 (Commercial sex trafficking — through force, intimidation, or deception — The subsection A violation is committed through the use of force, intimidation, or deception.; only together with imprisonment (§ 18.2-10(g)))discretionaryVa. Code Ann. § 18.2-10
Jail / prison5 years to 20 years (Commercial sex trafficking — victim under 18 — An adult commits the subsection A violation against a person under 18 years of age.)mandatoryVa. Code Ann. § 18.2-10
Fineup to $100,000 (Commercial sex trafficking — victim under 18 — An adult commits the subsection A violation against a person under 18 years of age.; only together with imprisonment (§ 18.2-10(g)))discretionaryVa. Code Ann. § 18.2-10

Applies to current.

How is commercial sex trafficking classified in Virginia?

The classification depends on the circumstances:

Classification variants for Commercial sex trafficking
VariantClassificationWhen it appliesStatute
Commercial sex trafficking — base offenseClass 5 FelonySoliciting, inviting, recruiting, encouraging, or causing/attempting to cause a person to violate § 18.2-346 with intent to receive money or other valuable thing from that person's prostitution or unlawful sexual intercourse.Va. Code Ann. § 18.2-357.1A
Commercial sex trafficking — through force, intimidation, or deceptionClass 4 FelonyThe subsection A violation is committed through the use of force, intimidation, or deception.Va. Code Ann. § 18.2-357.1B
Commercial sex trafficking — victim under 18Class 3 FelonyAn adult commits the subsection A violation against a person under 18 years of age.Va. Code Ann. § 18.2-357.1C

Common questions about commercial sex trafficking in Virginia

Is commercial sex trafficking a felony or a misdemeanor in Virginia?

It depends on the circumstances: commercial sex trafficking ranges from a class 5 felony to a class 3 felony in Virginia under Va. Code Ann. § 18.2-357.1.

Commercial sex trafficking — base offense: class 5 felony (Va. Code Ann. § 18.2-357.1A) · Commercial sex trafficking — through force, intimidation, or deception: class 4 felony (Va. Code Ann. § 18.2-357.1B) · Commercial sex trafficking — victim under 18: class 3 felony (Va. Code Ann. § 18.2-357.1C)

What are the penalties for commercial sex trafficking in Virginia?

Penalties for commercial sex trafficking in Virginia depend on how it is classified — from a class 5 felony up to a class 3 felony — with the ranges set by Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.

Which Virginia statute covers commercial sex trafficking?

Commercial sex trafficking is governed by Va. Code Ann. § 18.2-357.1 (Commercial sex trafficking; penalties).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.