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2023 SESSION

23102385D
HOUSE BILL NO. 1523
Offered January 11, 2023
Prefiled January 5, 2023
A BILL to amend and reenact § 18.2-346.01 of the Code of Virginia, relating to prostitution; solicitation; penalties.
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Patrons-- Taylor, Avoli, Ballard, Bell, Bloxom, Byron, Campbell, E.H., Cordoza, Durant, Edmunds, Fariss, Greenhalgh, Head, Hodges, LaRock, March, McGuire, McNamara, Robinson, Runion, Tata, Walker, Wiley and Williams
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That § 18.2-346.01 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-346.01. Prostitution; solicitation; commercial exploitation of a minor; penalties.

A. Any person who offers money or its equivalent to another for the purpose of engaging in sexual acts enumerated in § 18.2-346 and thereafter does any substantial act in furtherance thereof is guilty of solicitation of prostitution, which is punishable as a Class 1 misdemeanor, except as provided in subsections B and C.

B. However, any Any person 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.

C. Any person who commits a third or subsequent offense under subsection A is guilty of a Class 6 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 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2022, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.