{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-361.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-361.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-361.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-361.1.html"}],"law_id":71996,"edition_id":1,"section_id":71996,"structure_id":14023,"section_number":"18.2-361.1","catch_line":"Victims of sex trafficking; affirmative defense","history":"2021, Sp. Sess. I, c. 334.","full_text":"A\n\nFor the purposes of this section:\n\t\t\t&#8220;Qualifying offense&#8221; means a charge for a violation of &#xA7; 18.2-346 or 18.2-347.\n\t\t\t&#8220;Victim of sex trafficking&#8221; means any person charged with a qualifying offense in the Commonwealth who committed such offense as a direct result of being solicited, invited, recruited, encouraged, forced, intimidated, or deceived by another to engage in acts of prostitution or unlawful sexual intercourse for money or its equivalent, as described in &#xA7; 18.2-346, regardless of whether any other person has been charged or convicted of an offense related to the sex trafficking of such person.B\n\nIt is an affirmative defense to prosecution of a qualifying offense if at the time of the offense leading to such charge, such person was a victim of sex trafficking and (i) was coerced to engage in the offense through the use of force or intimidation or (ii) such offense was committed at the direction of another person other than the individual with whom the person engaged in the acts of prostitution or unlawful sexual intercourse for such money or its equivalent.","order_by":null,"text":{"0":{"id":259424,"text":"For the purposes of this section:\n\t\t\t&#8220;Qualifying offense&#8221; means a charge for a violation of &#xA7; 18.2-346 or 18.2-347.\n\t\t\t&#8220;Victim of sex trafficking&#8221; means any person charged with a qualifying offense in the Commonwealth who committed such offense as a direct result of being solicited, invited, recruited, encouraged, forced, intimidated, or deceived by another to engage in acts of prostitution or unlawful sexual intercourse for money or its equivalent, as described in &#xA7; 18.2-346, regardless of whether any other person has been charged or convicted of an offense related to the sex trafficking of such person.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":259425,"text":"It is an affirmative defense to prosecution of a qualifying offense if at the time of the offense leading to such charge, such person was a victim of sex trafficking and (i) was coerced to engage in the offense through the use of force or intimidation or (ii) such offense was committed at the direction of another person other than the individual with whom the person engaged in the acts of prostitution or unlawful sexual intercourse for such money or its equivalent.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14023,"edition_id":1,"name":"Commercial Sex Trafficking, Prostitution, etc","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":14022,"metadata":{},"date_created":"2026-06-26 03:46:37","date_modified":"2026-06-26 03:46:37","permalink":{"id":167659,"object_type":"structure","relational_id":14023,"identifier":"3","token":"18.2\/8\/3","url":"\/18.2\/8\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14022,"edition_id":1,"name":"Crimes Involving Morals and Decency","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:46:37","date_modified":"2026-06-26 03:46:37","permalink":{"id":167393,"object_type":"structure","relational_id":14022,"identifier":"8","token":"18.2\/8","url":"\/18.2\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55113,"structure_id":14023,"section_number":"18.2-344","catch_line":"Repealed","url":"\/18.2-344\/","token":"18.2\/8\/3\/18.2-344","metadata":false},{"id":68451,"structure_id":14023,"section_number":"18.2-345","catch_line":"Repealed","url":"\/18.2-345\/","token":"18.2\/8\/3\/18.2-345","metadata":false},{"id":79810,"structure_id":14023,"section_number":"18.2-346","catch_line":"Prostitution; commercial sexual conduct; penalties","url":"\/18.2-346\/","token":"18.2\/8\/3\/18.2-346","metadata":false},{"id":57611,"structure_id":14023,"section_number":"18.2-346.01","catch_line":"Prostitution; solicitation; commercial exploitation of a minor; penalties","url":"\/18.2-346.01\/","token":"18.2\/8\/3\/18.2-346.01","metadata":false},{"id":77563,"structure_id":14023,"section_number":"18.2-346.1","catch_line":"Testing of convicted prostitutes and injection drug users for sexually transmitted infection","url":"\/18.2-346.1\/","token":"18.2\/8\/3\/18.2-346.1","metadata":false},{"id":85705,"structure_id":14023,"section_number":"18.2-347","catch_line":"Keeping, residing in, or frequenting a bawdy place; \"bawdy place\" defined; penalty","url":"\/18.2-347\/","token":"18.2\/8\/3\/18.2-347","metadata":false},{"id":83161,"structure_id":14023,"section_number":"18.2-348","catch_line":"Aiding prostitution or illicit sexual intercourse, etc.; penalty","url":"\/18.2-348\/","token":"18.2\/8\/3\/18.2-348","metadata":false},{"id":85373,"structure_id":14023,"section_number":"18.2-348.1","catch_line":"Promoting travel for prostitution; penalty","url":"\/18.2-348.1\/","token":"18.2\/8\/3\/18.2-348.1","metadata":false},{"id":85342,"structure_id":14023,"section_number":"18.2-349","catch_line":"Using vehicles to promote prostitution or unlawful sexual intercourse; penalty","url":"\/18.2-349\/","token":"18.2\/8\/3\/18.2-349","metadata":false},{"id":72571,"structure_id":14023,"section_number":"18.2-350","catch_line":"Confinement of convicted prostitutes and persons violating \u00a7\u00a7 18.2-347 through 18.2-349","url":"\/18.2-350\/","token":"18.2\/8\/3\/18.2-350","metadata":false},{"id":62371,"structure_id":14023,"section_number":"18.2-351","catch_line":"Repealed","url":"\/18.2-351\/","token":"18.2\/8\/3\/18.2-351","metadata":false},{"id":57027,"structure_id":14023,"section_number":"18.2-354","catch_line":"Reserved","url":"\/18.2-354\/","token":"18.2\/8\/3\/18.2-354","metadata":false},{"id":57212,"structure_id":14023,"section_number":"18.2-355","catch_line":"Taking, detaining, etc., person for prostitution, etc., or consenting thereto; human trafficking","url":"\/18.2-355\/","token":"18.2\/8\/3\/18.2-355","metadata":false},{"id":59657,"structure_id":14023,"section_number":"18.2-356","catch_line":"Receiving money for procuring person; penalties","url":"\/18.2-356\/","token":"18.2\/8\/3\/18.2-356","metadata":false},{"id":81938,"structure_id":14023,"section_number":"18.2-356.1","catch_line":"Purchasing or selling of minors; exceptions; penalties","url":"\/18.2-356.1\/","token":"18.2\/8\/3\/18.2-356.1","metadata":false},{"id":62200,"structure_id":14023,"section_number":"18.2-357","catch_line":"Receiving money from earnings of male or female prostitute; penalties","url":"\/18.2-357\/","token":"18.2\/8\/3\/18.2-357","metadata":false},{"id":76497,"structure_id":14023,"section_number":"18.2-357.1","catch_line":"Commercial sex trafficking; penalties","url":"\/18.2-357.1\/","token":"18.2\/8\/3\/18.2-357.1","metadata":false},{"id":59589,"structure_id":14023,"section_number":"18.2-358","catch_line":"Repealed","url":"\/18.2-358\/","token":"18.2\/8\/3\/18.2-358","metadata":false},{"id":71784,"structure_id":14023,"section_number":"18.2-359","catch_line":"Venue for criminal sexual assault or where any person transported for criminal sexual assault, attempted criminal sexual assault, or purposes of unlawful sexual intercourse, crimes against nature, and indecent liberties with children; venue for such crimes when coupled with a violent felony","url":"\/18.2-359\/","token":"18.2\/8\/3\/18.2-359","metadata":false},{"id":61388,"structure_id":14023,"section_number":"18.2-360","catch_line":"Competency of persons to testify in prosecutions under \u00a7\u00a7 18.2-355 through 18.2-361","url":"\/18.2-360\/","token":"18.2\/8\/3\/18.2-360","metadata":false},{"id":55287,"structure_id":14023,"section_number":"18.2-361","catch_line":"Crimes against nature; penalty","url":"\/18.2-361\/","token":"18.2\/8\/3\/18.2-361","metadata":false},{"id":68045,"structure_id":14023,"section_number":"18.2-361.01","catch_line":"Sexual abuse of animals; penalties","url":"\/18.2-361.01\/","token":"18.2\/8\/3\/18.2-361.01","metadata":false},{"id":71996,"structure_id":14023,"section_number":"18.2-361.1","catch_line":"Victims of sex trafficking; affirmative defense","url":"\/18.2-361.1\/","token":"18.2\/8\/3\/18.2-361.1","metadata":false}],"previous_section":{"id":68045,"structure_id":14023,"section_number":"18.2-361.01","catch_line":"Sexual abuse of animals; penalties","url":"\/18.2-361.01\/","token":"18.2\/8\/3\/18.2-361.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-361.1\/","history_text":false,"references":false,"refers_to":[{"id":79810,"section_number":"18.2-346","catch_line":"Prostitution; commercial sexual conduct; penalties","order_by":null,"url":"\/18.2-346\/"},{"id":85705,"section_number":"18.2-347","catch_line":"Keeping, residing in, or frequenting a bawdy place; \"bawdy place\" defined; penalty","order_by":null,"url":"\/18.2-347\/"}],"permalink":{"id":167749,"object_type":"law","relational_id":71996,"identifier":"18.2-361.1","token":"18.2\/8\/3\/18.2-361.1","url":"\/18.2-361.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-361.1\/","token":"18.2\/8\/3\/18.2-361.1","dublin_core":{"Title":"Victims of sex trafficking; affirmative defense","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-361.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> For the purposes of this section:\n\t\t\t&#8220;<span class=\"dictionary\">Qualifying offense<\/span>&#8221; means a charge for a violation of &#xA7; <a class=\"law\" title=\"Prostitution; commercial sexual conduct; penalties\" href=\"\/18.2-346\/\">18.2-346<\/a> or <a class=\"law\" title=\"Keeping, residing in, or frequenting a bawdy place; &quot;bawdy place&quot; defined; penalty\" href=\"\/18.2-347\/\">18.2-347<\/a>.\n\t\t\t&#8220;<span class=\"dictionary\">Victim of sex trafficking<\/span>&#8221; means any person charged with a <span class=\"dictionary\">qualifying offense<\/span> in the Commonwealth who committed such offense as a direct result of being solicited, invited, recruited, encouraged, forced, intimidated, or deceived by another to engage in acts of prostitution or unlawful sexual intercourse for money or its equivalent, as described in &#xA7; <a class=\"law\" title=\"Prostitution; commercial sexual conduct; penalties\" href=\"\/18.2-346\/\">18.2-346<\/a>, regardless of whether any other person has been charged or convicted of an offense related to the sex trafficking of such person. <a id=\"paragraph-259424\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/18.2-361.1\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> It is an <span class=\"dictionary\">affirmative defense<\/span> to <span class=\"dictionary\">prosecution<\/span> of a <span class=\"dictionary\">qualifying offense<\/span> if at the time of the offense leading to such charge, such person was a <span class=\"dictionary\">victim of sex trafficking<\/span> and (i) was coerced to engage in the offense through the use of force or intimidation or (ii) such offense was committed at the direction of another person other than the individual with whom the person engaged in the acts of prostitution or unlawful sexual intercourse for such money or its equivalent. <a id=\"paragraph-259425\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/18.2-361.1\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nVICTIMS OF SEX TRAFFICKING; AFFIRMATIVE DEFENSE (\u00a7 18.2-361.1)\n\nA. For the purposes of this section:\n\t\t\t&#8220;Qualifying offense&#8221; means a charge for a violation of &#xA7;\n18.2-346 or 18.2-347.\n\t\t\t&#8220;Victim of sex trafficking&#8221; means any person charged with a\nqualifying offense in the Commonwealth who committed such offense as a direct\nresult of being solicited, invited, recruited, encouraged, forced, intimidated,\nor deceived by another to engage in acts of prostitution or unlawful sexual\nintercourse for money or its equivalent, as described in &#xA7; 18.2-346,\nregardless of whether any other person has been charged or convicted of an\noffense related to the sex trafficking of such person.\n\nB. It is an affirmative defense to prosecution of a qualifying offense if at the\ntime of the offense leading to such charge, such person was a victim of sex\ntrafficking and (i) was coerced to engage in the offense through the use of\nforce or intimidation or (ii) such offense was committed at the direction of\nanother person other than the individual with whom the person engaged in the\nacts of prostitution or unlawful sexual intercourse for such money or its\nequivalent.\n\nHISTORY: 2021, Sp. Sess. I, c. 334.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}