Virginia criminal charge
Prostitution in Virginia
Prostitution is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-346.01. 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. § 18.2-346.01.
What is the penalty for prostitution in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Solicitation of prostitution (adult) — Applies when a person offers money for sexual acts under § 18.2-346 and does a substantial act in furtherance thereof, with no minor involved.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Solicitation of prostitution (adult) — Applies when a person offers money for sexual acts under § 18.2-346 and does a substantial act in furtherance thereof, with no minor involved.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Solicitation of prostitution from minor 16 or older — Applies when the solicitation of prostitution is from a minor who is 16 years of age or older.; 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(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Solicitation of prostitution from minor 16 or older — Applies when the solicitation of prostitution is from a minor who is 16 years of age or older.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 10 years (Solicitation of prostitution from minor younger than 16 — Applies when the solicitation of prostitution is from a minor younger than 16 years of age.; 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))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Solicitation of prostitution from minor younger than 16 — Applies when the solicitation of prostitution is from a minor younger than 16 years of age.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is prostitution classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Solicitation of prostitution (adult) | Class 1 Misdemeanor | Applies when a person offers money for sexual acts under § 18.2-346 and does a substantial act in furtherance thereof, with no minor involved. | Va. Code Ann. § 18.2-346.01undefined |
| Solicitation of prostitution from minor 16 or older | Class 6 Felony | Applies when the solicitation of prostitution is from a minor who is 16 years of age or older. | Va. Code Ann. § 18.2-346.01undefined |
| Solicitation of prostitution from minor younger than 16 | Class 5 Felony | Applies when the solicitation of prostitution is from a minor younger than 16 years of age. | Va. Code Ann. § 18.2-346.01undefined |
Common questions about prostitution in Virginia
Is prostitution a felony or a misdemeanor in Virginia?
It depends on the circumstances: prostitution ranges from a class 1 misdemeanor to a class 5 felony in Virginia under Va. Code Ann. § 18.2-346.01.
Solicitation of prostitution (adult): class 1 misdemeanor (Va. Code Ann. § 18.2-346.01) · Solicitation of prostitution from minor 16 or older: class 6 felony (Va. Code Ann. § 18.2-346.01) · Solicitation of prostitution from minor younger than 16: class 5 felony (Va. Code Ann. § 18.2-346.01)
What are the penalties for prostitution in Virginia?
Which Virginia statute covers prostitution?
Prostitution is governed by Va. Code Ann. § 18.2-346.01 (Prostitution; solicitation; commercial exploitation of a minor; 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.