West Virginia prohibits prostitution (having sex for money) and a number of prostitution related crimes such as solicitation (patronizing a prostitute), pandering (recruiting prostitutes), and pimping (receiving support from prostitution). Penalties include prison times of up to 1 year and fines of up $500. These penalties may be increased for subsequent offenses and some prostitution related crimes which involve minors. The following is a brief summary of West Virginia's prostitution and solicitation laws.
West Virginia Prostitution and Solicitation Laws
The following table outlines West Virginia's prostitution and solicitation laws.
Code Sections |
W. VA. CODE § 61-8-5 et seq. |
What is Prohibited? |
Prostitution and solicitation:
- Engaging in prostitution
- Soliciting, inducing, or enticing another person to commit prostitution
- Residing, entering, or remaining in a place of prostitution for prostitution purposes
- Otherwise aiding or participating in any of the above acts
Maintaining a place of prostitution:
Keeping, establishing, maintaining, or operating a place of prostitution
Knowingly allowing or renting a place, premises or conveyance (such as a car) for prostitution purposes
Soliciting or receiving a patron for a place of prostitution or allowing a person to stay for such purposes
Directing, taking, or transporting a person to a place of prostitution or assisting with the directing, taking, or transportation.
Detaining a person in a place of prostitution:
Directly or indirectly keeping, holding, detaining, or restraining a person in a place of prostitution or attempting to do any of the above acts in an effort to force the person to remain a prostitute and pay off so-called debts.
Pandering:
Recruiting or securing a spot for a prostitute in a place of prostitution
Causing a person to become an inmate of a place of prostitution through promises, threats, violence, or any other means
Causing a person to come into or leave the state for prostitution purposes
Receiving money for doing or attempting any of the above
Pimping:
Knowingly receiving support from prostitution proceeds.
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Penalties |
Prostitution is punishable by up to 6 months in prison and up to $100 in fines. A second offense is punishable by up to 1 year in prison and up to $250 in fines. Any third or subsequent offenses by a pimp, solicitor, operator or person otherwise benefiting financially from prostitution are punishable by up to 3 years in prison.
Maintaining a place of prostitution is punishable by up to 1 year in prison and up to $250 in fines. A subsequent offense is punishable by up to 5 years in prison.
Pandering or detaining a person in a place of prostitution is punishable by up to 1 year in prison and up to $500 in fines. A subsequent offense is punishable by up to 3 years in prison. If the person recruited or detained was a minor, it is a felony punishable by up to 5 years in prison and up to $5,000 in fines.
Pimping is punishable by up to 1 year in prison and up to $500 in fines. For subsequent offenses, the crime is punishable by up to 3 years in prison. If the prostitute was a minor, the crime is a felony punishable by at least 2 years in prison and up to $5,000 in fines.
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West Virginia Prostitution and Solicitation Laws: Related Resources
If you or someone you know has been charged with prostitution or a prostitution related crime, you may want to consult with a West Virginia criminal defense attorney. You can also visit Findlaw's sections on Prostitution, Solicitation, and Pimping and Pandering Laws for more articles and information on these topics.