By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 19, 2023
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Just because something is consensual between people doesn't necessarily ensure that it's legal. State laws prohibiting certain types of consensual sexual activity typically reflect the social norms of the state. As a result, they are subject to change as society changes. Some of these laws include prohibitions on sodomy, indecent exposure, and statutory rape.
Throughout history, most states have had laws criminalizing sodomy, even though this is considered a strictly private matter between consenting adults. However, in Lawrence v. Texas in 2003, the U.S. Supreme Court ruled that it is unconstitutional to bar consensual sex between adults. The Supreme Court identified it as a violation of the 14th Amendment.
It took a while for Virginia to catch on. Lawmakers finally invalidated state sodomy laws in 2014. While sodomy laws are no longer considered valid, other types of sexual activities are considered illegal in Virginia.
Virginia's prohibited consensual sexual activity laws are itemized below. See FindLaw's Sex Crimes section for related topics.
Sodomy Laws |
The law prohibiting sodomy between consenting adults was struck down in 2014. Forcible sodomy and sodomy of an animal remain criminal offenses. |
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HIV Exposure and Compelled Testing for Offenders |
Under §18.2-67.4:1, it is a crime to have sex with another person when:
If the other person is infected, the offender is guilty of a Class 6 Felony. The statute does not list an exception for someone who knows their partner is infected and consents to sexual activity with that partner anyway. |
Prostitution |
Under §18.2-346, prostitution is a crime. Generally speaking, prostitution is defined as engaging in sexual activity with another person in exchange for compensation. Violations of this statute are treated as a Class 1 Misdemeanor. |
Other Laws Related to Prostitution |
Under §18.2-349, it is a crime to promote prostitution by using vehicles to transport prostitutes for the purpose of aiding them in engaging in sexual activity in exchange for compensation. Generally speaking, a violation is treated as a Class 1 Misdemeanor. However, if the prostitute is under the age of 18, a violation is treated as a Class 6 Felony. Under §18.2-356, it is a crime to do any of the following:
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Indecent Exposure |
Under §18.2-387, indecent exposure is a crime. The statute prohibits the following:
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Age of Consent |
Under most circumstances, the age of consent in Virginia is 18 years old. In many states, sexual activity with someone under the age of consent is known as statutory rape. While the Commonwealth doesn't use the phrase "statutory rape," the criminal act is essentially the same. There are two separate "statutory rape" crimes in Virginia. The first statute deals with carnal knowledge of a child between 13 and 15 years of age. Under this statute, if you are 18 years of age or older and have sex with a 13- or 14-year-old (a minor), it's a Class 4 felony and punishable by two to 10 years in prison and a fine of up to $100,000.The second statute deals with someone 18 years old or older having sex with someone age 15, 16, or 17 years of age. That's a class one misdemeanor and punishable by up to one year in jail and a $2,500.00 fine. |
Note: Virginia laws regarding sex crimes are constantly changing. The laws are complex, and not something you want to try to defend yourself against on your own. Contact a Virginia sex crimes lawyer or conduct your own legal research to verify the state law(s) you are researching.
Consider reviewing the following resources for more information about all laws in Virginia, including those related to sexual activity:
Consider reviewing the following resources as well, which also pertain to laws against certain sexual activities:
While consensual sex is by definition not an act of assault against another, states do have certain laws protecting minors and the public. If you've been charged with violating Virginia's prohibited consensual sexual activity laws, or any other sex-related crime, it's in your best interest to contact an experienced sex crime attorney near you today.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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