Virginia State Sex Laws

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    • The saying goes "all's fair in love and war," but that does not mean all's legal when it comes to sex. Federal and state laws establish what is acceptable. Virginia's sex laws are contained in Chapter 8 of Title 18.2 of the state code.

    Sex Outside Marriage

    • Virginia State Code considers sex between any unwed individuals to be fornication and illegal under Title 18.2-344. It is considered a Class 4 misdemeanor. It is also illegal to cohabit or associate in either a "lewd or lascivious" manner as an unwed couple. Violations can lead to Class 3 misdemeanor charges.

    Prostitution

    • Prostitution has a lengthy section within the code (Chapters 18.2-346 to 18.2-357). Prostitution is considered a Class 1 misdemeanor as is soliciting sex. Frequenting "bawdy" locations (a brothel, for example) and in any way aiding in the act of prostitution also is illegal, though with an undefined punishment. Heavier charges may come with buying, selling, or coercing people into prostitution and/or receiving money from the earning of a prostitute. These crimes are all Class 4 felonies.

    Crimes Against Nature

    • Title 18.2-361 holds any person who "carnally knows in any manner any brute animal" or participates in oral or anal sex with any person guilty of a Class 6 felony. This charges increase if the act is considered incest (Class 5 felony) or underage (Class 3 Felony).

    Adultery

    • Cheating on a spouse is illegal under Title 18.2-365~18.2-366 and those who commit it are guilty of a Class 4 misdemeanor, though once again the penalties are stiffer if it is incest (Class 1 misdemeanor).

    Indecent Liberties with Children

    • Crimes against children carry stiff penalties in Virginia and can pertain even to acts between two juveniles. If the person is 18 or over and commits any act with a person 15 or under, the adult is guilty of a Class 5 felony, which increases to a Class 4 felony is the act is committed a second time. If both parties are juveniles, the elder can be found guilty of a Class 1 misdemeanor if the age gap is 5 years or more (Title 18.2-370).

    Punishments Explained

    • Punishments for crimes are listed in the code under Title 18.2, Chapter 1.
      A Class 4 misdemeanor is punishable by a fine of not more than $250.
      A Class 3 misdemeanor is punishable by a fine of not more than $500.
      A Class 1 misdemeanor could mean a confinement in jail of not more than 12 months and a fine of not more than $2500, either or both.
      A Class 6 felony carries a punishment of prison for 1 to 5 years, or, at the discretion of the court, jail for 12 months and a fine or up to $2500, either or both.
      A Class 5 felony is punishable by a prison term of 1 to 10 years with the same caveat of a Class 6.
      A Class 4 felony carries a prison term of 2 to 10 years and a potential fine of up to $100,000.
      A Class 3 felony carries a prison term of 5 to 20 years and a potential fine of up to $100,000.

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