The law defines prostitution as receiving or offering compensation for participation, agreement, or proposal to participate in sexual acts. It is a severe offense, prosecuted and penalized under the laws against prostitution and solicitation. A conviction for prostitution results in life-changing consequences, including a lengthy prison term, a hefty court fine, and a damaging criminal record that will follow you even years after you serve your sentence.
If you face prostitution charges in Virginia today, it helps to know that you can fight to change the outcome of your case. You can do that with the help of a skilled sex crime attorney. Your attorney will also streamline the legal process for you and explain your options. You are never really alone when you hire our team at Virginia Sex Crime Attorney. With our skills and experience, we can put up a solid fight for a fair outcome in your situation.
An Overview of Prostitution and Solicitation Laws
Prostitution is illegal in Virginia. The law criminalizes the actions of commercial sex workers and johns. Anyone receiving or offering payment for sex acts can face prostitution charges. The law against prostitution also prohibits soliciting prostitution and agreeing to prostitution. You could be guilty of soliciting prostitution if you offer to participate in acts of prostitution. You could be guilty of agreeing if someone asks you to participate in prostitution, and you agree. You will still face prosecution charges even if the sexual act does not occur or you have not received compensation. What matters is that someone asks you to participate in prostitution, and you agree, or you ask someone to participate in prostitution, and they agree.
Prostitution involves the willful engagement in sexual acts or lewd acts with someone in exchange for something valuable, including money. Sexual acts, in this case, could involve sexual intercourse. Lewd acts refer to any sexual contact or activity between a prostitute and their customer. It can involve any body part, provided that it is done for sexual gratification or arousal. Common body parts used in prostitution include genitals, buttocks, and female breasts.
The compensation for prostitution does not necessarily go to the person engaging in sexual acts. It could go to another person, for example, the prostitute’s pimp. Remember that payment can be valuable, including money, drugs, services, or privileges.
Solicitation is also illegal under the Solicitation Laws. Prostitution covers the sexual acts and payments, and solicitation covers the requests to participate in acts of prostitution. Typically, you could be guilty of solicitation if you do the following:
- You request another person to participate in prostitution,
- You plan to participate in prostitution with someone else, and
- The other person agrees to your request.
Deciding to solicit prostitution is also an illegal act.
The Legal Meaning of Prostitution
The law against prostitution is under §18.2-346 -18.2-359 of Virginia Law. According to this law, you commit the crime of prostitution when you knowingly agree to or offer sexual acts for compensation in money or kind. Prostitution is the most prominent crime under crimes against moral decency. The law seeks to punish both the prostitute and the solicitor. The prostitute faces charges of prostitution, and the solicitor faces charges of aiding and abetting prostitution. The punishment for prostitution and solicitation involves lengthy jail time, a hefty court fine, and other consequences that will impact your life, including your social and professional lives.
In addition to criminal charges for aiding and abetting prostitution, you will face prosecution under solicitation laws if you are found guilty of soliciting prostitution. According to the law, you commit solicitation when petitioning or attempting sexual acts for compensation. Solicitation is also severely punished with life-changing penalties.
It helps to work closely with a skilled sex crime attorney if you face prostitution or solicitation charges to understand the legal implications of your charges and your options. An experienced attorney will also protect your rights and fight alongside you for the best possible outcome for your case. But first, it is crucial to understand what the law prohibits and how the prosecutor can prove your case.
Even with the definition above, it could be a challenge to understand exactly what the law considers prostitution and solicitation. Prostitution is a broad term comprising various actions that, when committed for compensation, the court can find you guilty of. Here are examples of activities that could result in prostitution charges:
- Accepting or submitting to a request to perform a sexual act with the expectation of receiving payment after the act.
- Offering compensation in terms of money or anything valuable to a person for the person to perform sexual acts on you.
- Exploiting a minor aged 16 or younger to perform sexual acts on you or someone else.
- You and another party agree to partner in acts of prostitution or solicitation.
Note: Prostitution acts involving children are severely punished in Virginia. You could face a misdemeanor charge for prostitution or solicitation, but if your actions affect a child, the charge can escalate into a felony with a more severe prison sentence.
Additionally, you could also be liable if you benefit from any deal involving acts of prostitution. For example, madams and pimps (those who procure prostitutes) are also liable under the prostitution laws. Similarly, you will face charges and a possible conviction if you are involved in trafficking humans for prostitution purposes. Other people who can face persecution under the law are those who provide sexual services for money and the prostitutes’ customers.
Misdemeanor Charges Related to Prostitution
Prosecutors charge lenient cases involving prostitution as misdemeanors. They could include soliciting and looking for sexual favors, offering sexual favors, living in or visiting bawdy places associated with acts of prostitution, and enabling or abetting prostitution acts. The prosecutor must demonstrate each misdemeanor case with compelling evidence for the judge to deliver a guilty verdict. For example, the prosecutor must prove that your actions as an individual, employee, or business were immoral if you face charges for visiting a bawdy place. Here are examples of prostitution acts that could result in misdemeanor charges:
Engaging in LEWD or Sexual Acts for Money
It is the oldest form of prostitution in every state. The prosecutor must demonstrate that you willfully engaged in sexual or lewd acts for compensation, whether in monetary terms or in the form of valuable possessions. Typically, this will be a Class One misdemeanor offense under § 18.2-346. A conviction could result in a court fine of $2,500 and a jail sentence of one year.
§18.2-346.1 requires prostitutes to undergo testing for hepatitis C or HIV. They must also receive counseling from competent health personnel through the Department of Health. While undergoing counseling, convicted prostitutes must understand the significance of Hepatitis C or HIV and the need to prevent infection and transmission.
Soliciting Prostitution
You could be guilty of soliciting prostitution if you offer another person money or another type of reward for sexual favors. The offense is also a Class 1 misdemeanor, punishable by a year in jail and $2500 in court fines.
Visiting Bawdy Places
§18.2-347 makes it unlawful to continuously visit, frequent, or reside in a bawdy place for sexual purposes. According to this statute, a bawdy place is a place within a given structure where acts of prostitution happen. Visiting a bawdy site does not really imply that you engage in acts of prostitution or solicitation. The prosecutor must highlight the prominence of the area you are accused of visiting or living in. Every day you have lived in or visited that place will be a separate offense.
Visiting a bawdy place is also a Class 1 misdemeanor, punishable by a year in jail and $2500 in court fines.
Aiding Prostitution
§18.2-348 outlines different ways in which you can assist prostitution. For example, sharing details of where someone can find a prostitute The chances are high that the person receiving that information will engage in prostitution. When that happens, you will be guilty of aiding prostitution. It will also be a crime to knowingly drive a person where they intend to take part in acts of prostitution.
Any act that qualifies as aiding prostitution is a Class I misdemeanor, punishable by one year in jail and $2500 in court fines.
Using Vehicles to Promote Prostitution
This statute applies to people who use or allow other people to use their vehicles for acts of prostitution. You do not need to participate in prostitution yourself to face charges under this law. Using a car to facilitate prostitution is also a Class 1 misdemeanor offense, punishable by a year in jail and $2500 in court fines.
Felony Charges Related to Prostitution
In some cases, the prosecutor will file felony charges for prostitution-related offenses. Felony charges are for more severe crimes and are punishable by longer prison sentences and heftier fines. Here are examples of violations that could result in felony charges:
Confining, Detaining, or Holding a Person for Prostitution Purposes
§18.2-355 makes it unlawful for any person to confine, detail, or hold another person against their will for prostitution purposes. In most cases, offenders in this category willfully use force, threats, or coercion to make another person engage in sexual acts against their will for rewards. Under this law, you will also be guilty if you allow another person to hold, detain, or confine someone under your custody for prostitution purposes.
The offense is generally a Class 4 felony, punishable by ten years in prison and a fine of $100,000.
Pimping or Procuring Prostitutes
According to § 18.2-356, a pimp is a person who receives money or other rewards to procure prostitutes. The law makes it unlawful to receive compensation for delivering a prostitute. The prosecutor must prove that you committed the offense willfully and with total disregard for the victim. Pimping is very common among closely related people, like families. For example, a man who receives money from a friend to allow the friend to have sex with his sister can face charges under this law.
Pimping is a Class 4 felony offense, punishable by ten years in prison and a fine of $100,000.
Pandering or Using a Prostitute’s Income
§18.2-357 makes it unlawful for anyone to spend money earned through acts of prostitution knowingly. You will face pandering charges for receiving cash or any other valuable item from a prostitute’s earnings. But the prosecutor must demonstrate that you know or should have reasonably known that the money was earned through prostitution.
Pandering is also a Class 4 felony, punishable by 2 to 10 years in prison and a fine of $100,000.
Other Consequences of a Conviction for Prostitution
A conviction for prostitution in Virginia results in more life-changing consequences than incarceration and the payment of a court fine. Some of these consequences will follow you for years after serving your sentence. That is why it is advisable to find a skilled sex crime attorney for defense right after your arrest.
Remember that prostitution is considered an offense against moral decency. The health department will require you to undergo testing and counseling after your conviction to limit the risk of infection to the public. For example, you must undergo testing for HIV and Hepatitis C. Even though the testing is done confidentially, and the results are only conveyed to you, you do not have a choice. You are also required to cater to the costs involved. You can apply for a waiver if you lack the financial ability to meet the costs. If the court grants your request, the correctional facility where you are held will pay for your tests.
A prostitution conviction record will also impact your social and professional lives. Criminal records are publicly available. Anyone and conduct a background check on you. If a potential employer finds that you have a damaging criminal record, they could deny you a job regardless of your qualifications. Landlords always do the same by denying their services to people with criminal backgrounds. You will be treated differently once people realize you have a criminal conviction for prostitution.
Additionally, you must disclose your conviction when applying for employment. Chances are high that a potential employer will turn down your application once they learn about your criminal past. You can also not continue working with some professionals after a criminal conviction. For example, a felony conviction for prostitution can result in the suspension or revocation of your professional license as a medical practitioner.
A criminal conviction could also impact your ability to access loans. Even if the sentence does not disqualify you from applying for car and student loans, it could be challenging to approve your loan request. Loan lenders also conduct background checks on applicants before making a decision. Some lenders will grant your request but charge a higher interest rate.
Defending Yourself Against Prostitution Charges
It helps to know that you can avoid a prostitution conviction and all the negative consequences that result from it. But you have to put up a good fight against your chances for the court to deliver a fair ruling on your case. You stand a better chance of presenting a solid defense during the trial with the support of an experienced sex crime attorney. Fortunately, sex crime attorneys have a long list of legal defense strategies they can use to fight their client’s charges and compel the court to dismiss or reduce them. Here are examples of techniques your attorney can use in your situation for better results:
You Did Not have Criminal Intent
Most prostitution-related offenses require you to have acted with criminal intent. For example, if you face charges for visiting a bawdy place, you must have intended to participate in or solicit prostitution to face prostitution charges. You also need the intent to obtain rewards after engaging in sexual acts for your conduct to be regarded as prostitution. Without this criminal intent, the prosecutor cannot prove your case beyond a reasonable doubt.
Prosecutors have a hard time proving intent in criminal cases like these. That is why it is easy for a skilled sex crime attorney to cast doubt on the prosecutor’s case, making it hard for them to prove the case beyond a reasonable doubt. When that happens, the judge will dismiss your charges.
You Acted Under Coercion
Some people engage in prostitution against their will. These people are forced into prostitution by more powerful individuals who run prostitution businesses for money. They source and pimp prostitutes for their friends and customers. If the police arrest you for an act of prostitution, but you are in business against your will, your attorney can compel the judge to dismiss your charges. They must demonstrate in court that you are a victim in the case since you are not in business out of your free will but under coercion. If the judge accepts your defense, they will dismiss your charges.
You Are a Victim of Police Entrapment
People who run prostitution-related businesses try as much as possible to cover their activities to avoid public outcries and police arrests. That makes it hard for the police to arrest them in the act of committing a crime. Therefore, law enforcement officers must work undercover to investigate prostitution and make solid arrests. Sometimes, the police use tricks to lure unsuspecting offenders into committing crimes so that they can arrest them in the act. If you are a victim of police entrapment and can convince the jury that you only committed the crime because of an officer’s coercion, the judge can dismiss your charges.
Police entrapment has been used for many years to arrest criminals in the act of crime. The police use persuasion and tricks to lure suspected offenders into action. For example, they could trick a suspected pimp into delivering prostitutes to a promising client. While the tricks work in some cases, they do not work in others. The police can trick an innocent person into committing a crime. If that is your case, you are not liable for your actions.
Insufficient Evidence
Remember that it is challenging for the police to gather solid evidence since most prostitution-related offenses are committed in hiding. Thus, it is not unusual for the prosecution to table insufficient evidence during trial. Sometimes, they rely on circumstantial evidence, which is not good enough to compel the judge to deliver a guilty verdict. A skilled sex crime attorney will quickly cite insufficient evidence as the basis for your case's dismissal. If the prosecution does not have enough evidence to prove your case, the law compels the judge to dismiss your charges.
Police Misconduct
Your attorney can also cite police misconduct if the investigating or arresting officer did not follow due process. For example, they must have informed you of your rights to remain silent and the right to an attorney immediately after your arrest. Sometimes, the police willingly violate a suspect’s rights and proceed to question them even in the absence of their attorney. Other times, the police use brutality or threats to obtain evidence from suspected offenders. If you witnessed police misconduct at any step of the legal process, discuss it with your attorney. They can use that to have the court dismiss your charges.
Find a Competent Sex Crime Attorney Near Me
Do you or someone you know face prostitution charges in Virginia?
It must be the most challenging thing you have dealt with. But the legal process can be a little more bearable if you have the support of a skilled sex crime attorney. Their role would be to explain your situation and options in detail. They will also help you navigate the complex legal process with ease.
We do a lot more for our clients at Virginia Sex Crime Attorney. We investigate our client’s cases, gather evidence, and use the best defense strategies to obtain a favorable outcome. We also protect your rights and ensure you are informed about your case throughout the legal process. Call us at 571-933-8494 to discuss more about your situation and our services.
