Legal Question in Criminal Law in Virginia

First, it is important to understand that Counties and cities often have laws different from State law. So in Counties and States there are many laws against loitering to solicit a prostitute, using a car in aid of prostitution, etc., which might apply, even if State law does not apply.

So this answer only applies to Virginia State law generally.

Under State law, strangely, although Virginia is rather strict on most things of this nature, prostitution in Virginia consist only of paying money (or its equivalent) for (a) sexual intercourse (b) anal sex or (b) oral sex (sex by the mouth). (The law also prohibits bestiality and incest)

Technically, any other behavior or contact does not qualify as prostitution.

So technically, it would be legal for a woman to take money, or a man to pay for, sexual gratification involving hands, breasts, feet, etc.

Virginia law under Va. Code � 18.2-346 is based upon

(1) adultery (which is defined as sexual intercourse)

(2) fornication (which is defined as sexual intercourse) or

(3) a violation of Va. Code � 18.2-361, which prohibits anal sex and oral sex (sex by the mouth) or bestiality or incest.

So unless there is an offer to pay money for sexual intercourse or anal sex or sex with the mouth, it does not qualify as prostitution under Virginia law.

However, be aware that the police, a prosecutor, or a judge may not interpret your case quite so narrowly. Even though conduct does not technically fit the statutory definition, the prosecutor may still try to get a conviction.