Be it enacted by the General Assembly of Virginia:
1. That §§16.1-69.48:6, 17.1-275.13, and 18.2-346.01 of the Code of Virginia are amended and reenacted as follows:
§16.1-69.48:6. Fees for offenses related to sex trafficking.
The court shall order any person convicted of a misdemeanor violation of §
18.2-346.01 or of §, 18.2-348,
or 18.2-349 to pay a $100 $1,000 fee, which shall be
deposited into the Virginia Prevention of Sex Trafficking Fund to be used in
accordance with §9.1-116.4.
§17.1-275.13. Additional fee for offenses related to sex trafficking.
In addition to the fees provided for by §§17.1-275.1,
17.1-275.2, 17.1-275.7, 17.1-275.10, and 17.1-275.12, any person convicted of a misdemeanor violation of §
18.2-346.01 or of §, 18.2-348,
or 18.2-349 shall be ordered to pay a $100 $1,000 fee, and any person
convicted of a violation of clause (ii), (iii), or (iv) of §18.2-48, or of §
18.2-368, or any felony violation of the laws pertaining to commercial sex
trafficking or prostitution offenses pursuant to Article 3 (§18.2-346 et seq.)
of Chapter 8, with the exception of §18.2-361, shall be ordered to pay a $500
$2,500 fee. All fees collected pursuant to this section
shall be deposited into the Virginia Prevention of Sex Trafficking Fund to be
used in accordance with §9.1-116.4.
§18.2-346.01. Prostitution; solicitation; commercial exploitation of a minor; penalties.
A. Any person who offers money or its equivalent to another for the purpose of engaging in sexual acts enumerated in §18.2-346 and thereafter does any substantial act in furtherance thereof is guilty of solicitation of prostitution, which is punishable as a Class 1 misdemeanor, except as provided in subsections B and C.
However, any B. Any person
who solicits prostitution from a minor (i) 16 years of age
or older is guilty of a Class 6 felony or (ii) younger than 16 years of age
is guilty of a Class 5 felony.
C. Any person who commits a third or subsequent offense under subsection A is guilty of a Class 6 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.