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HB191 • 2026

Victims of sex trafficking; immunity for minors to arrest or prosecution for prostitution.

An Act to amend and reenact § 18.2-361.1 of the Code of Virginia, relating to victims of sex trafficking; minors; immunity to arrest or prosecution for prostitution.

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Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Convirs-Fowler
Last action
2026-04-13
Official status
Acts of Assembly Chapter
Effective date
Not listed

Plain English Breakdown

The official source does not specify what happens to minors over the age of 18 who are victims of sex trafficking.

Protection for Minors Who Are Victims of Sex Trafficking

This law stops minors who are victims of sex trafficking from being arrested or prosecuted for prostitution and ensures they receive help.

What This Bill Does

  • It says that no minor will be arrested or prosecuted if they were forced into illegal sexual activities by someone else.
  • The police must send the minor to social services for an assessment instead of arresting them.
  • Social workers can take care of the minor and make sure they are safe.

Who It Names or Affects

  • Minors under the age of 18 who were forced into prostitution or illegal sexual activities by someone else.
  • Law enforcement officers and social services workers.

Terms To Know

Qualifying offense
A crime related to prostitution or illegal sex acts for money.
Victim of sex trafficking
Someone who is forced into doing illegal sexual activities by another person.

Limits and Unknowns

  • The law only applies if the minor was truly a victim of sex trafficking and not just involved in prostitution on their own.
  • It does not say what happens to minors over the age of 18 who are victims of sex trafficking.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB191AS1

2026-02-20 • Committee

Courts of Justice Amendment

Plain English: The amendment adds a requirement for law enforcement and social services to conduct human trafficking assessments and take custody of minors if necessary.

  • Adds a new clause after 'services' in the bill, requiring that a minor receive an assessment for human trafficking or another type of evaluation as specified by § 63.2-1506.1.
  • Allows law enforcement or social services to take custody of minors based on the provisions outlined in § 63.2-1517.
  • The exact nature and scope of the human trafficking assessment process are not detailed in this amendment text.
HB191EDOC

2026-02-23 • Senate

Senate Amendment

Plain English: The amendment adds a requirement for law enforcement and social services to conduct human trafficking assessments and take custody of minors if necessary.

  • Adds a new clause after 'services' in the bill, requiring that a minor receive an assessment for human trafficking or another type of evaluation as specified by state law.
  • Specifies that both law-enforcement officers and local social services departments can take custody of minors based on certain legal provisions.
  • The exact nature and scope of the 'other assessment' mentioned in § 63.2-1506.1 are not detailed in this amendment text.
  • It is unclear what specific conditions or criteria must be met for law enforcement or social services to take custody of a minor.

Bill History

  1. 2026-04-13 Governor

    Approved by Governor-Chapter 577 (effective 7/1/2026)

  2. 2026-04-13 Governor

    Approved by Governor-Chapter 577 (effective 7/1/2026)

  3. 2026-04-13 Governor

    Acts of Assembly Chapter text (CHAP0577)

  4. 2026-03-10 House

    Enrolled Bill communicated to Governor on March 10, 2026

  5. 2026-03-10 Governor

    Governor's Action Deadline 11:59 p.m., April 13, 2026

  6. 2026-03-02 House

    Signed by Speaker

  7. 2026-03-02 Senate

    Signed by President

  8. 2026-03-02 House

    Enrolled

  9. 2026-03-02 House

    Bill text as passed House and Senate (HB191ER)

  10. 2026-03-02 House

    Fiscal Impact Statement from Department of Planning and Budget (HB191)

  11. 2026-02-25 House

    Senate amendment agreed to by House (96-Y 1-N 0-A)

  12. 2026-02-23 Senate

    Read third time

  13. 2026-02-23 Senate

    Engrossed by Senate - committee substitute

  14. 2026-02-23 Senate

    Engrossed by Senate as amended

  15. 2026-02-23 Senate

    Passed Senate with amendment Block Vote (38-Y 0-N 0-A)

  16. 2026-02-23 Courts of Justice

    Courts of Justice Amendment agreed to

  17. 2026-02-23 Senate

    Passed Senate Block Vote (38-Y 0-N 0-A)

  18. 2026-02-20 Senate

    Rules suspended

  19. 2026-02-20 Senate

    Passed by for the day

  20. 2026-02-20 Senate

    Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

  21. 2026-02-20 Senate

    Passed by for the day Block Vote (Voice Vote)

  22. 2026-02-18 Courts of Justice

    Reported from Courts of Justice with amendment (14-Y 0-N)

  23. 2026-02-18 Courts of Justice

    Fiscal Impact Statement from Department of Planning and Budget (HB191)

  24. 2026-02-11 Senate

    Constitutional reading dispensed (on 1st reading)

  25. 2026-02-11 Courts of Justice

    Referred to Committee for Courts of Justice

  26. 2026-02-10 House

    Read third time and passed House Block Vote (98-Y 0-N 0-A)

  27. 2026-02-09 House

    Read second time

  28. 2026-02-09 House

    committee substitute agreed to

  29. 2026-02-09 House

    Engrossed by House - committee substitute

  30. 2026-02-06 House

    Read first time

  31. 2026-02-04 Courts of Justice

    Reported from Courts of Justice with substitute (22-Y 0-N)

  32. 2026-02-04 Courts of Justice

    Committee substitute printed 26106683D-H1

  33. 2026-01-30 Criminal

    House subcommittee offered

  34. 2026-01-30 Criminal

    Subcommittee recommends reporting with substitute (10-Y 0-N)

  35. 2026-01-29 Criminal

    Assigned HCJ sub: Criminal

  36. 2026-01-19 House

    Fiscal Impact Statement from Department of Planning and Budget (HB191)

  37. 2026-01-07 House

    Prefiled and ordered printed; Offered 01-14-2026 26101466D

  38. 2026-01-07 Courts of Justice

    Referred to Committee for Courts of Justice

Official Summary Text

Victims of sex trafficking; minors; immunity to prosecution for prostitution.
Provides that no minor shall be subject to arrest or prosecution for a qualifying offense, defined in relevant law, if at the time of the offense leading to such charge, such minor was a victim of sex trafficking, defined in relevant law. The bill also provides that such minor shall be referred to the local department of social services for a human trafficking or other assessment pursuant to relevant law and a law-enforcement officer or the local department of social services may take custody of such minor. Lastly, the bill provides that no law-enforcement officer acting in good faith shall be found liable for false arrest if it is later determined that the minor arrested was immune from prosecution.

Current Bill Text

Read the full stored bill text 
An Act to amend and reenact §
18.2-361.1
of the Code of Virginia, relating to victims of sex trafficking; minors; immunity to arrest or prosecution for prostitution.
Be it enacted by the General Assembly of Virginia:
1. That §
18.2-361.1
of the Code of Virginia is amended and reenacted as follows:
§
18.2-361.1
. Victims of sex trafficking; affirmative defense; immunity for minors.
A. For the purposes of this section:
"Qualifying offense" means a charge for a violation of §
18.2-346
or
18.2-347
.
"Victim of sex trafficking" means any person charged with a qualifying offense in the Commonwealth who committed such offense as a direct result of being solicited, invited, recruited, encouraged, forced, intimidated, or deceived by another to engage in acts of prostitution or unlawful sexual intercourse for money or its equivalent, as described in §
18.2-346
, regardless of whether any other person has been charged or convicted of an offense related to the sex trafficking of such person.
B. It is an affirmative defense to prosecution of a qualifying offense if at the time of the offense leading to such charge, such person was a victim of sex trafficking and (i) was coerced to engage in the offense through the use of force or intimidation or (ii) such offense was committed at the direction of another person other than the individual with whom the person engaged in the acts of prostitution or unlawful sexual intercourse for such money or its equivalent.
C. No minor shall be subject to arrest or prosecution for a qualifying offense if at the time of the offense leading to such arrest or charge, such minor was a victim of sex trafficking. Such minor shall be referred to the local department of social services for a human trafficking or other assessment pursuant to §
63.2-1506.1
. A law-enforcement officer or the local department of social services may take custody of the minor pursuant to §
63.2-1517
. No law-enforcement officer acting in good faith shall be found liable for false arrest if it is later determined that the minor arrested was immune from prosecution under this subsection.