Virginia Code
Va. Code Ann. § 18.2-346 (2026)
Prostitution; commercial sexual conduct; penalties
✓ current as of May 2026
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Any person who, for money or its equivalent, (i) commits any act in violation of § 18.2-361; performs cunnilingus, fellatio, or anilingus upon or by another person; engages in sexual intercourse or anal intercourse; touches the unclothed genitals or anus of another person with the intent to sexually arouse or gratify; or allows another to touch his unclothed genitals or anus with the intent to sexually arouse or gratify or (ii) offers to commit any act in violation of § 18.2-361; perform cunnilingus, fellatio, or anilingus upon or by another person; engage in sexual intercourse or anal intercourse; touch the unclothed genitals or anus of another person with the intent to sexually arouse or gratify; or allow another to touch his unclothed genitals or anus with the intent to sexually arouse or gratify and thereafter does any substantial act in furtherance thereof is guilty of prostitution, which is punishable as a Class 1 misdemeanor.
Code 1950, § 18.1-194; 1960, c. 358; 1975, cc. 14, 15; 1980, c. 534; 1993, c. 609; 2013, cc. 417, 467; 2014, c. 794; 2020, cc. 122, 595, 900; 2021, Sp. Sess. I, c. 188.
Notes of Decisions
Cited in 28
cases (5 in the last 5 years), 1975–2026 · leading case: Golden v. Commonwealth, 519 S.E.2d 378 (Va. Ct. App. 1999).
Golden v. Commonwealth, 519 S.E.2d 378 (Va. Ct. App. 1999). “It is uncontroverted on the instant record that defendant was initially arrested, without a warrant, for prostitution, a violation of Code § 18.2-346, which provides, in pertinent part, that “any person who, for money or its equivalent, .”
McFadden v. Commonwealth, 348 S.E.2d 847 (Va. Ct. App. 1986). “She raises two arguments to support her contention that the second prosecution was barred: (1) that when the General Assembly of Virginia amended Code § 18.2-346 in 1980 to include within its proscription an act of sodomy for money, it evidenced its intent that a person guilty…”
Mitchem v. Counts, 523 S.E.2d 246 (Va. 2000). “In addition, the trial court concluded that because Counts' business had fewer than five employees, Mitchem could not seek recovery under the limited statutory remedies provided by Code § 2.”
Jeffrey Nigel Carr v. Commonwealth of Virginia, 816 S.E.2d 591 (Va. Ct. App. 2018). “1(A), enacted in 2015, provides: 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 subsection A…”
Branche v. Commonwealth, 489 S.E.2d 692 (Va. Ct. App. 1997). “Under Code § 18.2-346, a person who solicits another to commit oral sodomy for money or its equivalent is guilty of a Class 1 misdemeanor.”
Podracky v. Commonwealth, 662 S.E.2d 81 (Va. Ct. App. 2008). “However, the statute that prohibits prostitution, Code § 18.2-346, is not mentioned in either the former or amended version of Code § 18.”
Wolfe v. Commonwealth, 595 S.E.2d 27 (Va. Ct. App. 2004). “The Court found that defendant’s conviction for attempted oral sodomy was improper because attempts to commit oral sodomy in exchange for money were wholly included within the prostitution statute, Code § 18.2-346, by legislative amendment which specifically removed attempted…”
Dickerson v. City of Richmond, 346 S.E.2d 333 (Va. Ct. App. 1986). “See Code § 18.2-346. That Dickerson appeared to be dressed in female attire, as the detectives and the trial court concluded, and seemed to be drawn to only those vehicles with male occupants create a suspicion that his purpose in loitering was sexual in nature.”
Matter of Wolff, 490 A.2d 1118 (D.C. 1985). “Here, respondent not only engaged in an act contrary to the stated public policy of Virginia but also did so in exchange for money.”
Hanpar, Inc. v. Atkinson, 496 F. Supp. 112 (E.D. Va. 1980). “On October 23, 1979, a Hanpar employee was arrested at the Conversation Club and charged with prostitution under Va.Code § 18.2-346. On January 11, 1980, *114 this employee was convicted of prostitution in the Henrico County General District Court.”
Hensley v. City of Norfolk, 218 S.E.2d 735 (Va. 1975). “See Code § 18.2-346. The term “illicit sexual intercourse” is self-defining.”
Donald Jamar Johnson v. Commonwealth of Virginia, 822 S.E.2d 385 (Va. Ct. App. 2019). “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 subsection A of § 18.2-346, solicits, invites,…”
Va. Code Ann. § 18.2-346(A): 2 cases
Golden v. Commonwealth, 519 S.E.2d 378 (Va. Ct. App. 1999). “It is uncontroverted on the instant record that defendant was initially arrested, without a warrant, for prostitution, a violation of Code § 18.2-346, which provides, in pertinent part, that “any person who, for money or its equivalent, .”
Harry Garfield Chadderton v. Commonwealth of Virginia (Va. Ct. App. 2014).
Va. Code Ann. § 18.2-346(B): 5 cases
Darren Thornton, s/k/a Darren Lamar Thornton v. Commonwealth of Virginia (Va. Ct. App. 2023).
Brian Leland Artis v. Commonwealth of Virginia (Va. Ct. App. 2024).
Jermia M. Worsham v. Commonwealth of Virginia (Va. Ct. App. 2026).
Craig M. Lantion v. Commonwealth of Virginia (Va. Ct. App. 2007).
Harry Garfield Chadderton v. Commonwealth of Virginia (Va. Ct. App. 2014).
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