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HB 191

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

2026 Regular Session Introduced by Kelly Fowler and 2 co-sponsors

Virginia bill grants minors arrested for prostitution immunity from prosecution if identified as sex trafficking victims, treating them as victims rather than criminals.

Acts of Assembly Chapter text (CHAP0577)
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Bill Summary · HB 191

Legislative bill overview

HB 191 grants legal immunity to minors who are victims of sex trafficking, preventing their arrest or prosecution for prostitution offenses. The bill recognizes that trafficked children are victims rather than criminals and removes barriers to accessing victim services and support systems.

Why is this important

This addresses a critical gap in how the justice system treats exploited minors. Criminally charging trafficking victims often prevents them from accessing protective services, housing, and rehabilitation resources they desperately need. The bill aligns Virginia law with the understanding that children cannot legally consent to commercial sexual activity and shifts focus from punishment to victim protection.

Potential points of contention

  • Defining trafficking victimhood: Questions about how "victim of sex trafficking" is determined in practice—whether all minors engaged in prostitution are automatically presumed victims, or if specific evidence of trafficking coercion is required
  • Prosecutor discretion: Concerns about inconsistent application if prosecutors retain discretion in identifying who qualifies for immunity
  • Collateral consequences: Uncertainty about how immunity affects other legal matters (background checks, licensing, civil liability) or expungement of prior convictions under current law

Compiled from official sources — confirm details with the bill’s official record.

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