Va. Code » Title 18.2. Crimes and Offenses Generally » Chapter 8. Crimes Involving Morals and Decency » Article 3. Commercial Sex Trafficking, Prostitution, Etc.
Virginia Code

Va. Code Ann. § 18.2-345 (2026)

Repealed

✓ current as of May 2026
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Repealed by Acts 2013, c. 621.

Notes of Decisions
Cited in 15 cases, 1981–2013 · leading case: Mitchem v. Counts, 523 S.E.2d 246 (Va. 2000).
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Mitchem v. Counts, 523 S.E.2d 246 (Va. 2000). · cites it 8× “2-344, which prohibits fornication, and Code § 18.2-345, which prohibits lewd and lascivious cohabitation.”
Karen Balas v. Huntington Ingalls Indus., 711 F.3d 401 (4th Cir. 2013). “2-344; (2) lewd and lascivious behavior, see Va.Code § 18.2-345; and (3) sexual assault, see Va.”
Storey v. Patient First Corp., 207 F. Supp. 2d 431 (E.D. Va. 2002). · cites it 3× “Storey has not demonstrated how his acquiescence to Patient First’s alleged fraudulent billing activity would have subjected him to criminal liability under any of the three statutes discussed above.”
Arlington Cnty. v. White, 528 S.E.2d 706 (Va. 2000). · cites it 4× “That fact does not mean that such an individual can violate Virginia's criminal statutes proscribing lewd and lascivious cohabitation, Code § 18.2-345; fornication, Code § 18.2-344; and consensual sodomy, Code § 18.”
Padilla v. Diner, 63 Va. Cir. 50 (Virginia Beach Cir. Ct. 2003). · cites it 3× “2-344, prohibiting fornication, and Va. Code § 18.2-345, prohibiting lewd and lascivious cohabitation.”
Commonwealth v. Quinn, 789 N.E.2d 138 (Mass. 2003). “13, § 2601 (1998); Va. Code Ann. § 18.2-345 (1996); W. Va. Code § 61-8-4 (2000).”
Doe v. Duling, 603 F. Supp. 960 (E.D. Va. 1985). · cites it 12× “” Section 18.2-345 punishes as a Class 3 misdemeanor “any persons, not married to each other, [who] lewdly and lasciviously associate and cohabit together [or], whether married or not, be guilty of open and gross lewdness and lasciviousness.”
Anderson v. ITT Indus. Corp., 92 F. Supp. 2d 516 (E.D. Va. 2000). · cites it 3× “Presumably, plaintiff will have to prove that the conduct he refused to engage in was a crime, i.e., that all of the elements of statute were met and that his or her refusal to engage in the conduct was the cause of his discharge.”
Portaluppi v. Shell Oil Co., 684 F. Supp. 900 (E.D. Va. 1988). · cites it 2× “But see Va. Code Ann. § 18.2-345 ("lewd and lascivious” cohabitation prohibited).”
Cornelison v. DeWeese, 22 Va. Cir. 234 (Fairfax Cir. Ct. 1990). · cites it 3× “The laws at issue in any possible prosecution of the DeWeeses are Va. Code § 18.2-345 (lewd and lascivious cohabitation); § 18.”
Welch v. Wise Cnty. Dep't of Soc. Servs., 84 Va. Cir. 245 (Wise Norton Cir. Ct. 2012). · cites it 6× “Respondent asserts that this relationship should be a bar to custody, arguing that Petitioners “are not morally fit” as parents and that their household is not an appropriate moral climate for the child.”
Higgs v. Higgs, 12 Va. Cir. 509 (Warren Cir. Ct. 1983). · cites it 2× “As distinguished from sexual intercourse merely it is that type of association which even an unmarried couple may have though that association may be criminal as a violation of Section 18.2-345, the lewd and lascivious cohabitation statute, 1A M.”
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