The Penalty for Soliciting Prostitution in Virginia

Soliciting prostitution is a serious criminal offense in Virginia, with significant legal consequences. Under Virginia law, soliciting prostitution refers to offering, agreeing to, or engaging in sexual services in exchange for money or goods. It applies to both those offering sexual services and those requesting them.

Legal Definition of Solicitation

Virginia law defines "solicitation" as asking or enticing someone to commit a criminal act. In the case of prostitution, it involves either offering money or compensation for sexual acts or negotiating with someone for sexual services.

Penalties for Soliciting Prostitution

1. Misdemeanor Charge (First Offense): For a first offense of soliciting prostitution, the offender can face a Class 1 misdemeanor. The penalty for a Class 1 misdemeanor in Virginia may include:

   • Up to 12 months in jail
   • A fine of up to $2,500
   • Probation

2. Felony Charge (Subsequent Offenses or Other Aggravating Factors): If the offender has a history of soliciting prostitution or if there are aggravating factors, such as solicitation involving minors, the charge can escalate to a felony. A felony conviction for soliciting prostitution can lead to:

   • 1 to 5 years in prison
   • Fines, potentially up to $100,000
   • Probation and mandatory counseling, depending on the circumstances

Aggravating Factors

Several factors can increase the severity of penalties, including:

• Involvement of a minor: Soliciting a minor for prostitution is a more serious crime, and can result in harsher penalties, including felony charges.
• Proximity to schools or certain public places: Soliciting prostitution in certain zones, such as near schools or parks, can lead to additional penalties.

Defenses to Soliciting Prostitution Charges

Individuals facing charges of soliciting prostitution can potentially mount defenses such as:

• Lack of intent: Demonstrating that there was no intent to engage in prostitution.
• Entrapment: Arguing that law enforcement induced or coerced the individual into committing the offense.

Impact on a Criminal Record

A conviction for soliciting prostitution can have long-lasting consequences, including a criminal record, which can affect future employment opportunities, travel, and personal reputation. It may also lead to difficulties in securing housing and maintaining certain professional licenses.

Conclusion

solicitation of prostitution virginia is a criminal offense with serious legal consequences. While a first offense may result in a misdemeanor charge, subsequent offenses or aggravating factors can escalate the penalties to felony charges. Anyone facing such charges should seek legal counsel to navigate the complexities of the legal system and understand their rights and potential defenses.