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2023 SESSION
23103490DBe 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.