HB1606: Prostitution; solicitation of a minor, 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
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.