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2013 SESSION

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13102581D
HOUSE BILL NO. 1991 Offered January 9, 2013 Prefiled January 9, 2013 A BILL to amend and reenact § 18.2-346 of the Code of Virginia, relating to disposition of minors engaging in prostitution; forced prostitution. ---------- Patrons-- McClellan and Spruill ---------- Referred to Committee for Courts of Justice ----------

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. Being a prostitute or prostitution.

A. Any person adult 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 punishable as a Class 1 misdemeanor. Any minor who engages in conduct prohibited by this subsection shall be taken before an intake officer pursuant to § 16.1-260 for consideration as a child in need of services as defined in § 16.1-228.

B. Any person who offers money or its equivalent to another for the purpose of engaging in sexual acts as enumerated above and thereafter does any substantial act in furtherance thereof shall be is guilty of solicitation of prostitution, and shall be guilty of a Class 1 misdemeanor.

C. It is an affirmative defense to prosecution under this section that the person arrested or charged for a violation of subsection A was induced to engage in prostitution through the use of force, intimidation, or deception by another.