The Legality of Escorting in the State of Virginia
As of mid-2019, Virginia law identifies prostitution as a Class 1 misdemeanor, packaging escorting activities with other types of prostitution offenses. Class 1 misdemeanors are the most serious type of misdemeanors in Virginia law, leading to up to 12 months jail and a $2,500 fine as maximum penalty levels.
Prostituting by escorting is addressed in Section 18.2-351 of the Virginia Code, added in 2002. The wording is similar to that of Section 18.2-351, which defines prostitution as "any sexual acts . . . for money." However, the packaging of prostitution and escorting activities leads to confusion.
Section 18.2-362 defines prostitution as sexual intercourse between persons, or genital or oral sex between persons of the same or opposite sex . The same section lists compelling prostitution as a Class 5 felony, punishable by one to 10 years in prison.
However, Virginia Code Section 18.2-356 lists as escorting a Class 3 misdemeanor activity including "offering to engage in" oral or genital sex (or equivalent sexual act) for money while causing, offering, or providing "[t]ake out," female companionship, or whatever euphemism a service may choose.
Virginia law employs different terms for these two offenses. Generally, prostitution refers to a full sexual act, while escorting, defined broadly, refers to dances, strip teases, or even merely intimate contact with no sex act.
Regardless of terms, however, both activities are criminal in nature and can lead to serious consequences.
A Look at Virginia’s Major Historical Developments surrounding Escorting Laws
Virginia’s escorting laws have evolved over decades. In fact, escorting as an enterprise can be traced back to the establishment of prostitution, and in many areas it is now viewed as a less dubious form of an exchange of sexual services for money. In colonial America, whores served as sexual slaves for the purpose of sexual gratification for their owners. Women were treated as property; they were sold, or in some cases, locked up, or otherwise deprived of their freedom. Prostitutes catered to a fierce sexual appetite, and as such, were gifted to members of the nobility and the emerging bourgeois class. Some would argue that the business of sex work in America evolved in the mid-twentieth century due to the civil rights movements and the women’s liberation. Others would argue that the advent of the Internet spurred the de-stigmatization of prostitution, and replaced the brothel with a more independent option to post advertisements.
As escorting grew in popularity, a more distinct definition based on certain characteristics and defining features formed. For example, critics charge that the line between an "escort" and a "prostitute" blurs over time, particularly with the "personal services" ad as a common first signal; however, the two professions are distinct and should not be treated similarly under the law. Escorts for payment are often dismissed as glorified prostitutes. Indeed, it was not until the 1990s that localities recognized and differentiated between the two types of workers. Local ordinances were passed in Virginia Beach and Norfolk, and later violated by those conducting business as "Escort", "The Executive Lounge", and "At Your Service." The purported location of this activity, 1.5 miles from the prestigious Virginia Beach Hilton Hotel, was no coincidence. Although city leaders and law enforcement claimed to receive complaints, no complaints were produced as evidence at trial. Federal prosecutors brought federal criminal conspiracy charges against the operators and their alleged employees, amongst their other criminal enterprises, claiming the operators used their "escort services" as fronts to launder money by disguising and concealing their income.
Despite these commercial enterprises, on the state level, soliciting prostitution in Virginia remains a class 1 misdemeanor, Misdemeanors for impatient entrepreneurs who reluctantly turned the occasional trick for cash, advertises herself in the penny-saver, or books out for the weekend with pricing scales. However, the plain examples of prostitution as defined by state law designed to apprehend women unable to legally advertise, or otherwise work in protected spaces, are generally enforced by local police officers in Virginia, including: solicitation, keeping a disorderly house, or maintaining a bawdy house. Further, only two Virginia cities—Harrisonburg and Norfolk—have been litigated on constitutional grounds. Supreme Court of Virginia endorsed in Derieg v. City of Norfolk (2011) a reverse onus provision which provides that a person charged with the misdemeanor of solicitation shall be guilty if no specified evidence exists, establishing the person acts with purpose of engaging in sexual conduct with another person for remuneration. Thus, it appears obvious that the conduct must be intended and for money.
In the criminal context, courts and legislature continue to grapple with prostitution and its close cousin: prostitution in the name of protection. This confusion has led to a paradoxical situation where the State has increased its enforcement and prosecution power, but limited its power to protect the market from other criminals. This paradox is reflected in the remaining jurisdictions and the treatment of prostitution in each.
Criminal Charges and Penalties for Illegal Escorting
Individuals engaged in these illegal sex acts will face serious fines and possibly jail time. A conviction for engaging in escort services, soliciting escort services, or prostitution, can result in anywhere from $250 to $2,500 in fines and 12 months in jail. Along with these penalties, the person charged will end up with a permanent criminal record. In Virginia, those engaged in an escort service in any form or manner shall be guilty of a class 2 misdemeanor, which is punishable by either a $1,000 fine or 6 months in prison. Those who solicit an appointment for, or any form of sex act, shall face a class 1 misdemeanor, which is punishable by a fine of $2,500 and 12 months in prison. Those engaging in prostitution – soliciting or engaging in sexual acts for money – shall face a class 5 felony, which is punishable by a fine of $2,500 and 10 years in prison.
Illegal Escorting Pitfalls and Gray Areas
The escorting industry in Virginia is filled with potential gray areas. For example, if an escort tries to pay her bills by using the money she receives from a client for "privileges" at an after-hours club, is that activity prostitution? Maria is basically doing the same thing as an escort, charging for the use of her time and body, receiving a fee for that exchange and trying to get paid via credit card for those services. Are likes in the world of prostitution and escorting? Is the legality of prostitution in Virginia based on whether the woman charges for her time or her body?
The only distinction seems to be the phrasing and the motivation for the exchange. Even if Virginia defines escorting by excluding some of the motivations behind the exchange as prostitution, there’s still a bit of a loophole present here. If all that was needed to define prostitution in Virginia as an illegal act was a different choice of wording – like privileges instead of sex – this loophole could be exploited by those who have no motivation to engage in prostitution but also want to capitalize on the grey areas of the law.
Even assuming that no law is being broken in the sadistic interests of identifying loopholes, there’s still an issue with Virginia law being vague on what amounts to soliciting prostitution. When a woman performs sex acts for free in order to simply keep a club open, and she also provide customers with sexual services if they purchase those services separately – is that prostitution? Even if all these clubs don’t charge for sex acts, can they be busted for prostitution because they charge for lap dances, where sexual activity is not prohibited? If a woman engages in sexual activity for free even though she charges for other provocative activities, is she guilty of prostitution according to Virginia law?
Lauren can still have clients if they pay for her friend Beth to perform a lap dance while Lauren attempts to look busy at the bar. They might have a deal where Lauren gives Beth some of this money, and Beth gives Lauren some of her lap dance money. This seems like a loophole that some women in clubs and in escort agencies can exploit to make extra money on the side when they really need the additional funds. All it takes is a few changes in wording to exploit the gray areas of the law.
How Do Legal Escort Agencies Work and Which Services are Available?
A legal escort service is simply a company or individual offering to legally escort someone to social gatherings or events, and you may charge a fee for this service. Of course, it can be difficult for businesses to navigate the bounciness of the legal waters, and many times a lot of rules are broken without an individual even knowing it.
In Virginia, escorting is not considered illegal like prostitution, which is referenced in Va. Code §18.2-42.1, and does not break any laws in its most common form. This means that individuals who run legal escort services, or hire legal escorts, are not violating any Virginia law by simply doing those activities .
Now, these activities may be misinterpreted as illegal when escorts do illegal things, such as engaging in sexual acts in exchange for money. Virginia law defines prostitution as offering or receiving something of value for sexual acts or behavior. So, if the activities of your legal escort service stray into areas that are illegal, such as offering sex for money, your business could be considered a front for prostitution. In the event that law enforcement officials investigate your business for prostitution, there are several things they will look for.
However, there are legal ways you can be an escort for hire without your intentions being misconstrued or having anything to do with sexual activities, as long as you can prove that your business activities are legal.
How Does Escorting in Virginia Compare with other States in the Union?
When compared to many other states, the legal landscape in Virginia around escorting remains quite stringent. A number of states have seen a shift in the past few decades to decriminalize or even legalize certain forms of "sexual work," eroticas, and related employment. For instance, states like Nevada and California have carved out legal paths wherein "sex work" becomes protected against certain offenses – all while maintaining criminal penalties for prostitution itself. In a state like California, engagement in "transactions" are allowed to be solicited, as long as there is no formal agreement. In other words, selling sex as some other sort of work is legal, as long as that sexual work is not explicitly stated; this, obviously, enables sex work.
In Virginia, however, the law takes a different approach. Sexual work of any type is prohibited in Virginia. In explaining that difference, a 1993 San Francisco Court of Appeal Judge wrote a scholarly piece on the distinction between both "sex work" and "prostitution." The Honorable John Paul McGuire suggested that sex work relates to "the sex worker’s cultural representations of the work he or she performs," while prostitution describes "the social and structural arrangements of prostitution." In other words, the entirety of the social structure surrounding prostitution, including solicitation, is what the law in Virginia is targeting. Although Virginia does not specifically penalize those who are engaged in "escort work," it does ban and enforce against the "legal frame" of such work, including how that work is managed and who manages that work.
Public Relations and Advocacy surrounding Virginia’s Escorting Laws
Lawmakers and activists have long fought over prostitution laws in Virginia. While the advocacy work in Virginia has mostly been limited to state-level officials, several organizations will target the topic in 2020. The American Civil Liberties Union (ACLU) of Virginia is set up to advocate for the legalization of sex work statewide, as it hosted a seminar on the issue in the fall of 2019. Numerous lawmakers in the state have also discussed altering prostitution laws in Virginia. Conservative Sen. Amanda Chase of Chesterfield County told the Richmond Times-Dispatch in October that she supports the convention. "[Prostitution] is the oldest profession on the planet," Chase said. "You’re not going to stop it [in Virginia] no matter what laws we have. You can’t go to the red light districts in other cities and stop it." One of the most controversial topics regarding prostitution in Virginia is if certain acts are legal. That was at the center of a recent sex sting, which led to the arrest of 18 people — all charged with solicitation or "engaging in sex acts," according to the Richmond Times-Dispatch. The newspaper referred to the actions as "intercourse" and not prostitution in its report. While sex between adults is legal in the state, many say that customers still feel compelled to visit places such as Henrico County to engage in prostitution. That is partly due to recent busts in various locations of the state, and how police have approved their tactics. Attorney Greg Webb does not believe the practice isn’t hurting anyone. In his opinion, sex work among consenting adults is more humane than legalizing marijuana.
Virginia-Based Resources and Legal Aid
For those involved or even considering entering the escorting industry in Virginia, there are numerous organizations and resources available that can provide guidance on both legal concerns and personal safety. The Arlington-based Sex Workers & Allies Network (SWAN) is a stainable grassroots organization based in Arlington, Virginia that aims to provide a safe space for local sex workers and those involved in the escorting business to gather. The weekly meetings help connect isolated sex workers and allies with each other and with resources and education, while also providing emotional and peer support and physician and mental health services. For more information, the SWAN hotline can be reached at 703-520-4587 and the main office can be contacted at 703-248-7034. Working within the Washington , D.C. metro area as well as in Northern Virginia and the state of Maryland, HIPS advocates for the rights of sex workers and focuses on improving the health and safety of women in these industries. HIPS works closely with local law enforcement agencies to provide education on this population’s rights and wellbeing, while also providing volunteers and materials that support their mission. They can be reached at 811 6th Street SE, Washington, D.C. 20003, by calling 202-232-2156 or by visiting their website at www.hips.org. For those who do wish to interact with law enforcement, they are encouraged to contact the police directly by calling the non-emergency number. In Arlington County, this telephone number is 703-558-2222.