Virginia criminal charge
Commercial sex trafficking in Virginia
Commercial sex trafficking is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-357.1. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-357.1.
What is the penalty for commercial sex trafficking in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 10 years (Commercial sex trafficking — base offense — Soliciting, inviting, recruiting, encouraging, or causing/attempting to cause a person to violate § 18.2-346 with intent to receive money or other valuable thing from that person's prostitution or unlawful sexual intercourse.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Commercial sex trafficking — base offense — Soliciting, inviting, recruiting, encouraging, or causing/attempting to cause a person to violate § 18.2-346 with intent to receive money or other valuable thing from that person's prostitution or unlawful sexual intercourse.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 2 years to 10 years (Commercial sex trafficking — through force, intimidation, or deception — The subsection A violation is committed through the use of force, intimidation, or deception.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Commercial sex trafficking — through force, intimidation, or deception — The subsection A violation is committed through the use of force, intimidation, or deception.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 5 years to 20 years (Commercial sex trafficking — victim under 18 — An adult commits the subsection A violation against a person under 18 years of age.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Commercial sex trafficking — victim under 18 — An adult commits the subsection A violation against a person under 18 years of age.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is commercial sex trafficking classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Commercial sex trafficking — base offense | Class 5 Felony | Soliciting, inviting, recruiting, encouraging, or causing/attempting to cause a person to violate § 18.2-346 with intent to receive money or other valuable thing from that person's prostitution or unlawful sexual intercourse. | Va. Code Ann. § 18.2-357.1A |
| Commercial sex trafficking — through force, intimidation, or deception | Class 4 Felony | The subsection A violation is committed through the use of force, intimidation, or deception. | Va. Code Ann. § 18.2-357.1B |
| Commercial sex trafficking — victim under 18 | Class 3 Felony | An adult commits the subsection A violation against a person under 18 years of age. | Va. Code Ann. § 18.2-357.1C |
Common questions about commercial sex trafficking in Virginia
Is commercial sex trafficking a felony or a misdemeanor in Virginia?
It depends on the circumstances: commercial sex trafficking ranges from a class 5 felony to a class 3 felony in Virginia under Va. Code Ann. § 18.2-357.1.
Commercial sex trafficking — base offense: class 5 felony (Va. Code Ann. § 18.2-357.1A) · Commercial sex trafficking — through force, intimidation, or deception: class 4 felony (Va. Code Ann. § 18.2-357.1B) · Commercial sex trafficking — victim under 18: class 3 felony (Va. Code Ann. § 18.2-357.1C)
What are the penalties for commercial sex trafficking in Virginia?
Penalties for commercial sex trafficking in Virginia depend on how it is classified — from a class 5 felony up to a class 3 felony — with the ranges set by Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.
Which Virginia statute covers commercial sex trafficking?
Commercial sex trafficking is governed by Va. Code Ann. § 18.2-357.1 (Commercial sex trafficking; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.