Virginia Prostitution and Solicitation Laws
By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed April 04, 2025
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Under Virginia law, prostitution is a sex crime, and a conviction carries jail time and massive fines. Laws against sex work criminalize the proposal of, agreement to, or participation in any form of sexual act in exchange for money.
If you need help with a sex work or prostitution charge, contact a criminal defense attorney immediately.
How Does Virginia Define Prostitution?
Virginia law defines prostitution as trading sexual favors, fornication, or sexual contact for financial gain. It is a Class 1 misdemeanor, punishable with up to 12 months in jail and a maximum fine of $2,500.
Solicitation is also a crime in Virginia. So is the acquisition of or attempt to get sexual favors, sexual contact, or the like by paying another person for their services. These crimes carry the same penalties as prostitution.
Since Virginia prostitution laws apply to the person paying for the sex act and the one providing illicit sexual intercourse, the state will charge both people. Regardless of whether you are soliciting services or providing them, you may want to consult a Virginia prostitution lawyer for legal advice.
Associated Crimes
Pandering or promoting prostitution, commonly known as "pimping" and human trafficking, carries even more severe punishments. Unlike simple prostitution, pandering is a felony offense. If you engage in any of the following acts, police may arrest you and charge you with pandering:
- Taking or detaining a person for purposes of prostitution
- Taking money in exchange for providing a place for a prostitute to engage in illegal sexual acts
- Taking money from the earnings of a male or female prostitute
If the police catch you engaging in any of these acts, you'll face Class 4 felony charges.
Virginia Prostitution Laws at a Glance
Virginia lawmakers consider prostitution and related offenses as crimes involving morals and decency. The courts don't look fondly at people who engage in sex for immoral purposes. The fact that a prostitute consents to having sex for money means nothing. Even though many people say prostitution is a "victimless" crime, law enforcement sees it differently.
The following table highlights the main provisions of Virginia's prostitution and solicitation laws.
| Code section | |
|---|---|
| What does Virginia law prohibit?
|
Prostitution The elements of the crime of prostitution include:
The state must prove these elements beyond a reasonable doubt. Your criminal defense lawyer will try to poke holes in the state’s case. They’ll explore the potential defenses to these crimes and see if they apply to your case. For example, if they can prove entrapment, the judge must acquit you of the charges. Solicitation of prostitution Promoting the act of prostitution: This crime involves a defendant who owns, controls, manages, supervises, or otherwise maintains a house of prostitution (a bawdy place.) |
| Who can the state prosecute for this charge?
|
|
| Penalties | Prostitution charge: This crime is a Class 1 misdemeanor offense. The state may require mandatory STD testing for hepatitis C and HIV and enrollment in compulsory mental health counseling and STD education. |
| What qualifies as payment? | Offering money or anything of value in exchange for sexual services is enough. |
| Definition of sexual activity | Sexual activity includes any sexual relations, including sexual intercourse, oral sex, masturbation, and touching in a sexual area. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.
A Virginia Criminal Defense Lawyer Can Help
If you're facing solicitation or prostitution charges, you should consult a skilled Virginia criminal defense attorney. They'll review your case and let you know if there are possible defenses to the charges. They'll also try negotiating with the prosecutor to dismiss or reduce the charges.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex cases usually require a lawyer
- Experienced lawyers can seek to reduce or eliminate criminal penalties
- Sexual assaults & sex crime convictions often have long sentences and lifelong consequences
Get tailored legal advice and ask a lawyer questions. Many attorneys offer free consultations.
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