Prostitution

Facing Prostitution or Solicitation Charges in Virginia?

Being arrested for prostitution or solicitation can feel overwhelming. Beyond the stigma, a conviction carries up to 12 months behind bars, a fine of $2,500, and mandatory health screenings. And that’s just the start of the ripple effect on your job prospects, housing, and reputation.

Virginia Criminal Attorney understands what’s at stake. We’ve defended clients in Fairfax and Northern Virginia through every twist and turn of the legal system. In this guide, we’ll walk you through:

1. What the law actually says (Va. Code §§18.2-346 to 18.2-359)
2. How a “misdemeanor” can feel like anything but
3. Mandatory health tests you can’t ignore
4. The step-by-step court process you’ll face
5. Real defense strategies that work
6. When things get worse (human trafficking, pimping, pandering)
7. How long prosecutors have to charge you
8. Collateral consequences
9. Why local expertise matters

Let’s dive in.

1. What Counts as Prostitution or Solicitation?

At its core, Virginia law treats any exchange of a sexual act for money (or anything of value) as prostitution. That includes:

• Performing or agreeing to perform oral, anal, or other intimate contact in return for payment
• Offering money or a gift in exchange for sex
• Visiting or living in a place known for prostitution (a “bawdy place”)
• Helping someone else engage in prostitution—driving them there, arranging meetings, running a house

Both sides of the transaction can be arrested: the person selling sex (“prostitute”) and the person buying it (“solicitor” or “John”).

2. Misdemeanor vs. Felony: Why “Class 1” Still Hurts

Not all prostitution-related crimes are created equal:

• Class 1 misdemeanors (simple prostitution or solicitation) bring up to 12 months in jail and a $2,500 fine, plus health orders.
• Class 4 felonies (pimping, pandering, or forcing someone into prostitution) carry up to 10 years behind barsand $100,000 fines.
• Exploiting minors under 16 jumps to even harsher penalties under §18.2-359.

So, what looks like a “lesser” charge on paper can still derail your life.

3. Mandatory Health Screenings

Here’s a reality many don’t expect: a prostitution conviction in Virginia requires you to:

1. Get tested for HIV and hepatitis C
2. Attend counseling at your local health department
3. Pay for the tests and counseling—unless you qualify as indigent

Skip these steps, and you face additional criminal charges on top of your original case.

4. Your Court Journey, Step by Step

1. Arrest & Booking
   Undercover stings are common. Once in custody, you’ll be fingerprinted and officially charged.
2. Initial Appearance & Bond
   A magistrate decides if you can post bail and under what conditions (no-contact orders, surrendering passports, etc.).
3. Arraignment
   You enter a plea. Your attorney can move quickly to challenge the arrest’s legality or evidence.
4. Negotiation & Discovery
   Both sides exchange evidence. Often, a plea deal can reduce jail time or eliminate the conviction.
5. Trial
   If you insist on your day in court, the prosecutor must prove every element beyond a reasonable doubt: the agreed-upon act, payment, and intent.
6. Sentencing
   Guilty verdicts mean jail, fines, probation, and those troubling health orders.

5. Common Defense Strategies

Nobody’s case is the same, but these defenses often succeed:

• Lack of Intent
  You genuinely believed you were hiring a non-sexual service (e.g., an escort with no arranged sexual act).
• Entrapment
  Law enforcement went beyond a simple sting—inducing you to commit an offense you had no predisposition to commit.
• Coercion or Duress
  You were forced, threatened, or manipulated into prostitution by another person.
• Mistaken Identity
  Faulty surveillance or misidentification by a decoy witness can mean your case falls apart.
• Insufficient Evidence
  Without clear proof of money or items exchanged for sex, the charge can’t stick.

If there’s evidence of control, force, or underage involvement, prosecutors will tack on additional charges:

• Confinement/coercion (§18.2-355) – Detaining someone to force them into prostitution is a Class 4 felony.
• Pimping (§18.2-356) – Managing or profiting from another’s prostitution.
• Pandering (§18.2-357) – Taking any earnings from a prostitute’s work.
• Commercial sexual exploitation of minors (§18.2-359) – Trading sex with someone under 16 is an automatic felony with 5–20 years in prison.

7. Time Limits on Prosecution

• Misdemeanors (simple prostitution/solicitation): 1 year to file charges.
• Most felonies (pimping, pandering): 5 years, or 10 years if the victim is a minor.
• Human trafficking/child sex exploitation: often no statute of limitations.

Left the state? That clock may pause until you return.

A conviction can:

• Block employment, housing, professional licenses
• Trigger community notification or monitoring
• Stay on your record

Under §19.2-392.2 you can petition to seal a first-offense prostitution misdemeanor if you’ve stayed conviction-free for five years and met all sentencing requirements.

9. How to Protect Yourself

1. Stay silent—invoke your right to counsel immediately.
2. Hire a specialized defense lawyer—time matters.
3. Collect evidence—text messages, payment records, witnesses.
4. Challenge the evidence—file motions to suppress unlawful searches or coerced statements.
5. Negotiate or prepare for trial—sometimes diversion or deferred programs avoid a conviction altogether.

10. Why Virginia Criminal Attorney?

• Local court savvy—we know Fairfax, Arlington, Prince William, and beyond.
• Focused expertise—we handle sex-and-morals cases every day.
• Tenacious advocacy—we fight for reduced charges, alternative sentencing, or outright dismissal.
• Confidential, client-centered service—we respect your privacy and keep you informed.

You don’t have to navigate this alone. Call us today at 703-582-8119 for a free, confidential consultation.

Frequently Asked Questions

Q: Can I still be charged if no money changed hands?
A: Yes. Even offering or agreeing to exchange valuables (gifts, shelter, drugs) counts.

Q: What’s the defense if police used a decoy?
A: If you can show they pressured or entrapped you beyond a lawful sting, the entrapment defense may apply.

Q: Will I have to register as a sex offender?
A: Simple prostitution misdemeanors do not trigger sex-offender registration. But felony trafficking or exploitation of minors does.

Q: Can a first-time offender avoid conviction?
A: Many jurisdictions offer diversion or deferred disposition programs—complete counseling or community service, and your record may stay clean.

Take the First Step
Prostitution and solicitation charges can upend your life—but you have rights, and you have options. Reach out now to Virginia Criminal Attorney at 703-582-8119. We’ll listen, strategize, and fight to protect your future.