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2012 SESSION
12100315DBe 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. Being 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, for money or its equivalent,
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. It
is an affirmative defense to prosecution under this subsection that the person
arrested or charged was induced by another through the use of
force, threat, intimidation, coercion or deception to
engage in prostitution.
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 less than 18
years of age is guilty of a Class 6 felony or
(ii) less 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 890 of the Acts of Assembly of 2011 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.