HB1606: Prostitution; solicitation of a minor, penalty.


HOUSE BILL NO. 1606
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee for Courts of Justice
on February 13, 2013)
(Patron Prior to Substitute--Delegate Hugo)
A BILL to amend and reenact § 18.2-346 of the Code of Virginia, relating to solicitation of a minor for prostitution; penalty.

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-346 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-346. Prostitution; commercial sexual conduct; commercial exploitation of a minor; penalties.

A. Any person who, for money or its equivalent, (i) commits adultery, fornication, or any act in violation of § 18.2-361, or (ii) offers to commit adultery, fornication, or any act in violation of § 18.2-361 and thereafter does any substantial act in furtherance thereof, shall be is guilty of being a prostitute, or prostitution, which shall be is punishable as a Class 1 misdemeanor.

B. Any person who offers money or its equivalent to another for the purpose of engaging in sexual acts as enumerated above in subsection A and thereafter does any substantial act in furtherance thereof shall be is guilty of solicitation of prostitution and shall be guilty of, which is punishable as a Class 1 misdemeanor. However, any person 18 years of age or older who solicits prostitution from a minor (i) 16 years of age or older is guilty of a Class 6 felony or (ii) younger than 16 years of age is guilty of a Class 5 felony.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 3 of the Acts of Assembly of 2012, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.

HOUSE BILL NO. 1606

Offered January 9, 2013
Prefiled January 6, 2013
A BILL to amend and reenact  18.2-346 of the Code of Virginia, relating to solicitation of a minor for prostitution; penalty.
Patron-- Hugo

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1.  That  18.2-346 of the Code of Virginia is amended and reenacted as follows:

18.2-346. Solicitation of a prostitute or prostitution.

A. Any person who, for money or its equivalent, commits adultery, fornication, or any act in violation of 18.2-361, or offers to commit adultery, fornication, or any act in violation of 18.2-361 and thereafter does any substantial act in furtherance thereof, shall be is guilty of being a prostitute, or prostitution, which shall be is punishable as a Class 1 misdemeanor.

B. Any person who offers money or its equivalent to another for the purpose of engaging in sexual acts as enumerated above in subsection A and thereafter does any substantial act in furtherance thereof shall be is guilty of solicitation of prostitution and shall be guilty of, which is punishable as a Class 1 misdemeanor. However, any person who solicits prostitution from a minor (i) 16 years of age or older and younger than 18 years of age is guilty of a Class 6 felony or (ii) younger than 16 years of age is guilty of a Class 5 felony.

2.  That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to  30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 3 of the Acts of Assembly of 2012, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to  30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.