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1998 SESSION

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988750312
HOUSE BILL NO. 422 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on February 15, 1998) (Patrons Prior to Substitute--Delegates Williams and McEachin [HB 429]) A BILL to amend and reenact §§ 18.2-346 and 18.2-350 of the Code of Virginia, relating to prostitution and related offenses; penalty.

Be it enacted by the General Assembly of Virginia:

1. That §§ 18.2-346 and 18.2-350 of the Code of Virginia are 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 to commit adultery, fornication or any act in violation of § 18.2-361 and thereafter does any substantial act in furtherance thereof, shall be guilty of being a prostitute, or prostitution, which shall be 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 and thereafter does any substantial act in furtherance thereof shall be guilty of solicitation of prostitution and shall be guilty of a Class 1 misdemeanor.

§ 18.2-350. Confinement of convicted prostitutes and persons violating §§ 18.2-346 through 18.2-349.

Every person convicted of being a prostitute and every person convicted of violating any of the provisions of §§ 18.2-347 18.2-346 through 18.2-349 shall be guilty of a Class 1 misdemeanor; provided, however, that. When it is alleged in the warrant, information or indictment on which the person is convicted, and admitted or found by the jury or judge before whom he is tried, that the person has before been convicted in the Commonwealth or in another jurisdiction for any such offense or an offense substantially similar to any such offense committed within less than five years after a first offense, whether punishable as a felony or as a misdemeanor, upon conviction for a second such offense, he shall be confined in jail for a minimum, mandatory period of thirty days, none of which shall be suspended by the court. Upon conviction for a third or subsequent such offense committed within less than five years after a first offense, he shall be confined in jail for a minimum, mandatory period of sixty days, none of which shall be suspended by the court. However, in any case in which a city or county farm or hospital is available for the confinement of persons so convicted, confinement may be in such farm or hospital, in the discretion of the court or judge.