First Offense Solicitation Lawyer Virginia

Virginia moved solicitation of prostitution into a statute of its own. Since the 2021 special session enacted Va. Code § 18.2-346.01 (2021 Sp. Sess. I, ch. 188), solicitation is charged under that section rather than under the prostitution statute itself. Under § 18.2-346.01, offering money or its equivalent to another to engage in the sexual acts enumerated in § 18.2-346, and thereafter doing any substantial act in furtherance of that offer, is solicitation. The offense is a Class 1 misdemeanor generally. It is a Class 6 felony if the minor solicited is 16 or older, and a Class 5 felony if the minor solicited is younger than 16. Prostitution itself, defined in § 18.2-346, is a Class 1 misdemeanor. A first charge is still a criminal charge, and the two-part structure of the statute is where the defense of a first charge usually begins: the Commonwealth must establish both the offer and a substantial act in furtherance of it, and the second element is frequently the part of the record that is contested. Older articles, forms, and web pages that cite “§ 18.2-346(B)” for solicitation describe a version of Virginia law that the 2021 session superseded, so a defense built on the current text starts from § 18.2-346.01 and from the acts § 18.2-346 enumerates. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor whose firm has practiced criminal defense since 1997. Reach our location at (888) 437-7747.

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What a Solicitation of Prostitution Charge Means in Virginia

The current solicitation provision has two working parts. Va. Code § 18.2-346.01 defines solicitation as offering money or its equivalent to another to engage in the sexual acts enumerated in § 18.2-346, and thereafter doing any substantial act in furtherance of that offer. Both parts belong in the proof. An offer standing alone does not complete the offense as the statute is written, and the substantial act must follow the offer rather than precede it. That structure is why the record of what happened after the alleged offer, including movement, payment, or arrangements, tends to carry weight in these prosecutions.

Grading depends on who was solicited. Solicitation is a Class 1 misdemeanor generally. It is a Class 6 felony if the minor solicited is 16 or older, and a Class 5 felony if the minor solicited is younger than 16. The prostitution offense itself, defined in § 18.2-346, is a Class 1 misdemeanor. A first charge does not change the classification the statute assigns. What it changes is the posture in which the case is investigated, litigated, and negotiated, and the weight a client gives to the collateral effects a criminal record can carry.

The citation itself is a recurring problem in this area of practice. Before the 2021 special session, solicitation was addressed within § 18.2-346. That session moved solicitation out of § 18.2-346 and into the newly enacted § 18.2-346.01 (2021 Sp. Sess. I, ch. 188). Charging documents, older practice materials, and web pages that still cite “§ 18.2-346(B)” for solicitation describe superseded law. Confirming that the charge is pleaded under the current section, and that the elements alleged match that section’s text, belongs at the front of a case rather than at the end of it.

The practical consequence of the two-element structure is that a solicitation case is a proof case about conduct and not only about a conversation.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle These Cases

A first solicitation charge is worked element by element. Mr. Sris and the firm’s Of Counsel attorneys begin by separating the alleged offer from the alleged substantial act in furtherance, because § 18.2-346.01 calls for both and the evidence for each usually comes from different sources: a recorded conversation or an advertisement on one side, and officer observation, movement, or payment records on the other.

The charging instrument is checked against the current statute. Where a summons or warrant relies on the pre-2021 arrangement of § 18.2-346, the defense raises the mismatch rather than litigating around it. The firm also reviews how the encounter was captured, including audio and video quality, whether a recording covers the entire exchange or only part of it, and what the officer’s report adds to or omits from what was recorded.

Identity and intent receive separate attention. Message threads, application accounts, and phone records are examined to establish who actually sent what, and words attributed to a client are read in full context rather than in the fragments selected for a report. Where the alleged acts are described only in summary, the defense tests whether they fall within the acts enumerated in § 18.2-346, which the solicitation statute incorporates by reference.

Resolution planning runs alongside that work. The classification the statute assigns, the client’s circumstances, and the collateral effects a criminal record can carry are discussed before any decision about trial or plea, and the client receives a written explanation of the available choices and what each would require.

Who Would Handle a Virginia Solicitation Case

Mr. Sris is a former prosecutor, and the firm’s criminal defense work draws on that experience in reading a file the way the Commonwealth reads it: which elements are documented, which rest on an officer’s recollection, and which parts of a report would be tested on cross-examination. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he has led the firm since it opened in 1997.

Mr. Sris and the firm’s Of Counsel attorneys practice in Virginia criminal defense, including charges brought under § 18.2-346.01 and § 18.2-346. A misdemeanor file receives the same preparation as a felony matter, because a first solicitation charge still produces a criminal record and still requires a decision about trial or plea that no client should make without seeing the evidence first.

The firm’s practice is to give a client the discovery, an explanation of the statute in plain terms, and a candid assessment of what the record does and does not establish. Clients are told what is scheduled next and what that setting is expected to resolve. The firm maintains 24/7 phone intake, so a case can be opened when a summons or an arrest occurs outside court hours.

If you have been charged with solicitation in Virginia, request a consultation. Reach our location at (888) 437-7747.

Frequently Asked Questions

Which statute covers solicitation of prostitution in Virginia?

Solicitation is charged under Va. Code § 18.2-346.01, enacted at the 2021 special session (2021 Sp. Sess. I, ch. 188). That session moved solicitation out of § 18.2-346, which now defines the prostitution offense itself as a Class 1 misdemeanor, and placed it in the new section. If a charging document, an older form, or an article you have read cites “§ 18.2-346(B)” as the solicitation provision, it is describing superseded law. Your attorney should confirm that the charge against you is pleaded under § 18.2-346.01 and that the elements alleged match the text of that section rather than the prior arrangement.

What must the Commonwealth establish in a solicitation case?

Two things, and in order. Under § 18.2-346.01, there must be an offer of money or its equivalent to another to engage in the sexual acts enumerated in § 18.2-346, and thereafter a substantial act in furtherance of that offer. The statute links the two, so the sequence matters: the act must follow the offer. The acts themselves are not defined in the solicitation section; they are the ones § 18.2-346 enumerates, which the solicitation section incorporates. Both the content of the alleged offer and the evidence of the act that followed are therefore open to examination in your case.

Is a first solicitation charge a misdemeanor or a felony?

Va. Code § 18.2-346.01 makes solicitation a Class 1 misdemeanor generally. It is a Class 6 felony if the minor solicited is 16 or older, and a Class 5 felony if the minor solicited is younger than 16. The statute assigns those classifications by reference to who was solicited, not by reference to whether the person charged has a prior record. A first charge is graded the same way any other charge under the section is graded, so the classification on your summons or warrant should be read against the facts alleged and confirmed with your attorney.

Why does it matter if the charge cites § 18.2-346(B)?

Because that subsection is no longer the solicitation provision. The 2021 special session relocated solicitation into § 18.2-346.01, leaving § 18.2-346 to define prostitution as a Class 1 misdemeanor. A citation to the older subsection can indicate that a document was drafted from a superseded template, and it can create a mismatch between the code section cited and the elements the Commonwealth intends to prove. That mismatch is worth identifying early. Your attorney can compare the charging language against the current text of § 18.2-346.01 and raise the discrepancy in the appropriate way.

What should someone do after being charged with solicitation?

Preserve what exists. Messages, application accounts, receipts, and travel or payment records can be relevant to both elements of § 18.2-346.01, and they are easier to obtain early than late. Do not discuss the allegation with anyone other than counsel, and do not attempt to contact anyone connected to the investigation. Bring every document you received, including the summons or warrant, so the section and subsection charged can be checked against the current statute. Then request a consultation and review the file with an attorney before making any decision about how the case proceeds.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

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