Solicitation of Prostitution is defined by Va. Code § 18.2-346(B). This statute provides “a person who offers money or its equivalent to another for the purpose of engaging in fornication or adultery, or any act in violation of Va Code § 18.2-361, and thereafter does any substantial act in furtherance thereof” is guilty of solicitation of prostitution. Essentially, there must be a bargain of money-for-sex. Thereafter, there must be a substantial act that furthers the solicitation.
A conviction for solicitation carries with it not only the stigma of a Class 1 misdemeanor, in addition to a fine, but you most likely will have to undergo testing for HIV and Hepatitis C. Va. Code § 18.2-346.1 requires that any person having been convicted for a violation of Va. Code § 18.2-346 to receive counseling from personnel of the Department of Health concerning (i) the meaning of the test, (ii) acquired immunodeficiency syndrome and hepatitis C, and (iii) the transmission and prevention of infection with human immunodeficiency viruses and hepatitis C. In addition to the counseling, the convicted person must undergo tests for human immunodeficiency viruses. The results of the test will be disclosed to the person who is the subject of the test and to the Department of Health. The Health Department will then “conduct surveillance and investigation.”
If you test positive for Hepatitis C, the State Health Commissioner may share this information with the sheriffs’ offices, the state police, local police departments, adult or youth correctional facilities, salaried or volunteer firefighters, paramedics or emergency medical technicians, officers of the court, and regional or local jails. While the dissemination of this information is supposed to be “to the extent necessary to advise exposed individuals of the risk of infection and to enable exposed individuals to seek appropriate testing and treatment,” there is broad authority to disseminate this information “as may be needed to prevent and control disease and is deemed necessary to prevent serious harm and serious threats to the health and safety of individuals and the public.” It is supposed to be held confidential and not disclosed by any person who receives the information from the State Health Commissioner.