Bill Text: VA SB559 | 2024 | Regular Session | Prefiled
Bill Title: Commercial sex trafficking, prostitution, etc.; increases penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-24 - Passed by indefinitely in Courts of Justice (9-Y 5-N) [SB559 Detail]
Download: Virginia-2024-SB559-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§18.2-355, 18.2-356, 18.2-357, and 18.2-357.1 of the Code of Virginia are amended and reenacted as follows:
§18.2-355. Taking, detaining, etc., person for prostitution, etc., or consenting thereto; human trafficking; penalties.
Any person who:
(1) For purposes of prostitution or unlawful sexual intercourse, takes any person into, or persuades, encourages or causes any person to enter, a bawdy place, or takes or causes such person to be taken to any place against his or her will for such purposes; or
(2) Takes or detains a person against his or her will with the intent to compel such person, by force, threats, persuasions, menace or duress, to marry him or her or to marry any other person, or to be defiled; or
(3) Being parent, guardian, legal custodian or one standing in loco parentis of a person, consents to such person being taken or detained by any person for the purpose of prostitution or unlawful sexual intercourse; or
(4) For purposes of prostitution, takes any minor into, or persuades, encourages, or causes any minor to enter, a bawdy place, or takes or causes such person to be taken to any place for such purposes; is guilty of pandering.
A violation of subdivision (1), (2), or (3) is punishable as a
Class 4 3
felony. A violation of subdivision (4) is punishable as a Class 3 2
felony.
§18.2-356. Receiving money for procuring person; penalties.
Any person who receives any money or other valuable thing for
or on account of (i) procuring for or placing in a house of prostitution or
elsewhere any person for the purpose of causing such person to engage in
unlawful sexual intercourse, anal intercourse, cunnilingus, fellatio, or
anilingus or any act in violation of §18.2-361, or touching of the unclothed
genitals or anus of another person with the intent to sexually arouse or
gratify, or (ii) causing any person to engage in forced labor or services,
concubinage, prostitution, or the manufacture of any obscene material or child
pornography is guilty of a Class 4 3 felony. Any person who
violates clause (i) or (ii) with a person under the
age of 18 years of age
is guilty of a Class 3 2 felony.
§18.2-357. Receiving money from earnings of male or female prostitute; penalties.
Any person who shall knowingly receive any money or other
valuable thing from the earnings of any male or female engaged in prostitution,
except for a consideration deemed good and valuable in law, shall be is
guilty of pandering, punishable as a Class 4 3 felony. Any person who
violates this section by receiving money or other valuable thing from a person
under the age of 18 years of age is guilty of a
Class 3 2
felony.
§18.2-357.1. Commercial sex trafficking; penalties.
A. Any person who, with the intent to receive money or other valuable thing or to assist another in receiving money or other valuable thing from the earnings of a person from prostitution or unlawful sexual intercourse in violation of §18.2-346, solicits, invites, recruits, encourages, or otherwise causes or attempts to cause a person to violate §18.2-346 is guilty of a Class 5 felony.
B. Any person who violates subsection A through the use of
force, intimidation, or deception is guilty of a Class 4 3 felony.
C. Any adult who violates subsection A with a person under 18
years of age is guilty of a Class 3 2 felony.
D. Each violation of this section constitutes a separate and distinct 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 1 of the Acts of Assembly of 2023, 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.
