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§ 18.2-346 Prostitution; commercial sexual conduct; penalties

Any person who, for money or its equivalent, (i) commits any act in violation of § 18.2-361; performs cunnilingus, fellatio, or anilingus upon or by another person; engages in sexual intercourse or anal intercourse; touches the unclothed genitals or anus of another person with the intent to sexually arouse or gratify; or allows another to touch his unclothed genitals or anus with the intent to sexually arouse or gratify or (ii) offers to commit any act in violation of § 18.2-361; perform cunnilingus, fellatio, or anilingus upon or by another person; engage in sexual intercourse or anal intercourse; touch the unclothed genitals or anus of another person with the intent to sexually arouse or gratify; or allow another to touch his unclothed genitals or anus with the intent to sexually arouse or gratify and thereafter does any substantial act in furtherance thereof is guilty of prostitution, which is punishable as a Class 1 misdemeanor.

History

The record of this law’s original creation isn’t available online. It has been modified 7 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 358; in 1975, chapters 14 and 15; in 1980, chapter 534; in 1993, chapter 609; in 2013, chapters 417 and 467; in 2014, chapter 794; in 2020, chapters 122, 595, and 900.

Code 1950, § 18.1-194; 1960, c. 358; 1975, cc. 14, 15; 1980, c. 534; 1993, c. 609; 2013, cc. 417, 467; 2014, c. 794; 2020, cc. 122, 595, 900; 2021, Sp. Sess. I, c. 188.

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This is a law from the Code of Virginia. This is the actual, unchanged text of one of the many laws that govern Virginia.

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If you’re reading this for anything important, you should double-check its accuracy—read § 18.2-346 on the official Code of Virginia website.

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Court Decisions

. . . Darren Thornton, s/k/a Darren Lamar Thornton v. Commonwealth . . . (COA, 08/22/23)
. . . COURT OF APPEALS OF VIRGINIA . . .
William Bradley Seat v. Commonwealth of Virginia (COA, 09/03/24)
. . . COURT OF APPEALS OF VIRGINIA . . .
Donald Jamar Johnson v. Commonwealth of Virginia (COA, 01/15/19)
. . . COURT OF APPEALS OF VIRGINIA . . .
Jeffrey Nigel Carr v. Commonwealth of Virginia (COA, 07/24/18)
. . . COURT OF APPEALS OF VIRGINIA . . .
Bakran v. Commonwealth (COA, 10/26/10)
. . . 700 S.E.2d 471 (2010) . . .
Wolfe v. Commonwealth (COA, 04/13/04)
. . . 595 S.E.2d 27 (2004) . . .
Trier Ladante Smith v. Commonwealth of Virginia (COA, 07/29/25)
. . . COURT OF APPEALS OF VIRGINIA . . .
Branche v. Commonwealth (COA, 09/02/97)
. . . 489 S.E.2d 692 (1997) . . .
Bruce Irving Fine v. Commonwealth of Virginia (COA, 02/29/00)
. . . COLE, Senior Judge. . . .
McFadden v. Commonwealth (COA, 10/07/86)
. . . 3 Va.App. 226 (1986) . . .

Court opinions are provided by CourtListener, which is developed by the Free Law Project.

Amendment Attempts

HB1406: Prostitution; solicitation from a minor. (failed)
HB992: Prostitution; definition thereof. (failed)
HB701: Anti-prostitution community service program; suspension of sentence for first-time offenders. (failed)
HB1248: Prostitution; expands to a Class 1 misdemeanor. (failed)
HB2440: Prostitution; expungement of charge if person was forced. (failed)
HB1074: Prostitution; Class 1 misdemeanor for solicitation from a minor. (failed)
HB1465: Prostitution, forced; expungement of charges. (failed)
HB1541: Prostitution, forced; expungement of charges. (failed)
HB1606: Prostitution; solicitation of a minor, penalty. (passed)
HB1991: Prostitution; disposition of minors. (failed)
SB1015: Prostitution; solicitation of a minor, penalty. (passed)
SB1149: Prostitution; disposition of minors.
SB1273: Prostitution, forced; vacating conviction, expungement of police and court records. (failed)
HB716: Trafficking in persons; penalties. (failed)
HB914: Fornication; repeal. (failed)
SB373: Trafficking in persons; penalties. (failed)
HB716: Trafficking in persons; penalties. (failed)
HB1596: Prostitution; affirmative defense to prosecution. (failed)
SB710: Human trafficking; new felonies created, penalties.
HB679: Prostitution; affirmative defense. (failed)
SB131: Prostitution; affirmative defense. (failed)
SB180: Prostitution; juveniles engaged in commercial sexual conduct, participation in specialized services. (failed)
HB138: Fornication; repeals crime. (failed)
HB412: Marriage-related criminal laws; gender-neutral terms, adultery repeal, penalty. (failed)
HB984: Prostitution; minors. (failed)
HB1701: Gender-neutral terms; assisted conception, prohibitions on same-sex marriage and civil unions, etc. (failed)
SB1603: Human trafficking; prevention and awareness. (failed)
HB245: Fornication; repeal. (passed)
HB623: Gender-neutral terms; prohibitions on same-sex marriage and civil unions removed from Code. (passed)
HB1524: Prostitution; touching the unclothed genitals or anus of another, penalty. (passed)
HB2169: Prostitution; reorganizes the statute penalizing into two distinct sections.
HB2169: Prostitution; reorganizes the statute penalizing into two distinct sections.
HB413: Sex trafficking; minors engaged in prostitution, etc. (failed)
SB664: Sex trafficking; minors engaged in prostitution, etc. (failed)
HB1556: Authority of Attorney General; criminal cases; criminal sexual assault and commercial sex trafficking committed against children. (failed)
HB1714: Assault and battery; serious bodily injury; penalty. (failed)
HB1728: Child victims and witnesses; using two-way closed-circuit television. (passed)
HB1734: Sex Trafficking Response Coordinator; name change. (passed)
HB1773: Enhanced earned sentence credits; exemptions; firearm-related offense; felony conviction while a prisoner. (failed)
HB1865: Virginia Access to Justice Act; establishes public defender office in each judicial circuit. (failed)
HB1877: Barrier crimes; peer recovery specialists; screening requirements. (passed)
HB2192: Enhanced earned sentence credits; repeals four-level classification system. (failed)
HB2224: Sex Offender and Crimes Against Minors Registry; offenses requiring registration, etc. (failed)
HB2227: Human trafficking; issuance of writ of vacatur for victims. (failed)
HB2310: Use of communications system to expose sexual or genital parts to a child; penalty. (passed)
HB2338: Public education; changes relating to graduation from a public high school, etc. (failed)
HB2393: Human trafficking; issuance of writ of vacatur for victims. (passed)
HB2456: Discretionary sentencing guideline midpoints; violent felony offenses. (failed)
HB2485: Cannabis control; establishes framework for creating retail market, penalties. (failed)
HB2491: Assault and battery; serious bodily injury, penalty. (failed)
HB2576: Geriatric prisoners; conditional release. (failed)
HB2723: Criminal records; expungement and sealing of records, repeals Sealing Fee Fund. (passed)
HB2763: Prostitution; increases penalties for a third or subsequent offense of solicitation from an adult. (failed)
HJ569: Commending Tammy Mann, Ph.D.
SB914: Sexual assault of a child; mandatory minimum sentence, penalty. (failed)
SB970: Cannabis control; establishes framework for creating retail market, penalties. (failed)
SB1026: Crim. sex. assault & commercial sex trafficking committed against children; authority of Attor. Gen. (failed)
SB1071: Enhanced earned sentence credits; exemptions, felony drug offenses. (failed)
SB1080: Earned sentence credits; inchoate offenses, concurrent and consecutive sentences. (failed)
SB1183: Virginia Access to Justice Act; establishes public defender office in each judicial circuit. (failed)
SB1277: Minor witnesses; appointment of guardian ad litem in circuit court. (passed)
SB1322: Virginia Gaming Commerce Regulation Act; established, penalties distribution of funds, report. (failed)
SB1323: Virginia Gaming Commerce Regulation Act; established, penalties, report. (failed)
SB1460: Human trafficking; issuance of writ of vacatur for victims. (passed)
SB1466: Criminal records; expungement and sealing of records, repeals Sealing Fee Fund. (passed)
HB191: Victims of sex trafficking; immunity for minors to arrest or prosecution for prostitution. (passed)
HB244: Robbery; conforms certain provisions of Code to degrees of robbery offenses.
HB251: Assault and battery; creates Class 6 felony for serious bodily injury. (failed)
HB287: Higher ed. institution; eligibility for in-state tuition for citizens of fed. recognized Va. tribes.
HB308: Va. ABC Authority; permitting of retail tobacco product retailers, etc. (passed)
HB417: Children of active duty service members or veterans; in-state tuition eligibility.
HB642: Cannabis control; establishes framework for creation of retail marijuana market, penalties, report. (failed)
HB874: Domestic and Sexual Assault Conviction Database; established.
HB1162: State correctional facilities; required education or vocational training. (failed)
HB1272: Electronic gaming devices; regulation, penalties, sunset.
HB1298: Human trafficking; issuance of vacatur for victims, definitions. (passed)
HB1426: Judgments; limitations on enforcement, docketing of gen. district court judgments in circuit court. (passed)
SB456: Higher ed. institutions; eligibility for in-state tuition for citizens of fed. recognized Va. tribes. (failed)
SB542: Cannabis control; establishes framework for creation of retail marijuana market, penalties, report.
SB620: Va. ABC Authority; permitting of retail tobacco product retailers, etc. (passed)
SB661: Va. Small Business Economic Dev. Act; established, regulation and taxation of skill game machines.
SB671: Cannabis control; retail market; penalties.
SB748: Human trafficking; issuance of vacatur for victims, definitions. (passed)
SB826: Marijuana; creates framework for retail sales.