A. Any person injured by reason of (i) a violation of subsection B of § 18.2-47 or clause (iii), (iv), or (v) of § 18.2- 48; (ii) a violation of § 18.2-348, 18.2-348.1, 18.2-349, 18.2-355, 18.2-356, 18.2-357, 18.2-357.1, or 18.2-368; or (iii) a felony violation of § 18.2-346.01 may sue therefor and recover compensatory damages, punitive damages, and reasonable attorney fees and costs.
§ 8.01-42.4.Civil action for trafficking in persons.
Chapter 3. Actions · Article 3. Injury to Person or Property · Last amended 2024 · Last verified July 16, 2026
In one sentenceGives a trafficking victim a civil action against anyone who violated Virginia’s abduction-for-trafficking or prostitution-related trafficking statutes, allowing compensatory and punitive damages plus attorney fees regardless of any criminal prosecution, with a seven-year deadline running from the later of the date the victim was freed from the trafficking conduct or turned 18.
Full Text of § 8.01-42.4
B. No action shall be commenced under this section more than seven years after the later of the date on which such person (i) was no longer subject to the conduct prohibited by subsection B of § 18.2-47 or clause (iii), (iv), or (v) of § 18.2-48 or § 18.2-348, 18.2-348.1, 18.2-349, 18.2-355, 18.2-356, 18.2-357, 18.2-357.1, or 18.2-368 or under a felony violation of § 18.2-346.01 or (ii) attained 18 years of age.
C. The provisions of this section shall apply whether or not an individual has been charged with or convicted of any of the alleged violations listed in subsection A.
Plain-English Summary
Subsection A lets a person injured by violations of a defined set of Virginia criminal statutes — the trafficking-related abduction provisions in § 18.2-47 and § 18.2-48, several pandering and prostitution-related offenses, and a felony violation of § 18.2-346.01 — sue for compensatory damages, punitive damages, and reasonable attorney fees and costs.
Subsection B sets a seven-year limitations period running from the later of two dates: when the person was no longer subject to the prohibited conduct, or when the person turned 18. That structure gives a victim trafficked as a child a full seven years measured from adulthood, if that date is later than the date the trafficking ended.
Subsection C makes clear the civil action applies whether or not the individual has been charged with or convicted of any of the listed violations.
Frequently Asked Questions
What underlying conduct can support a civil trafficking claim under this section?
Injury from a defined group of Virginia criminal statutes covering trafficking-related abduction and several pandering and prostitution-related offenses, including a felony violation of § 18.2-346.01.
Do I have to wait for a criminal conviction before suing my trafficker?
No. Subsection C states the section applies whether or not the individual has been charged with or convicted of any of the alleged violations.
How long do I have to file a civil trafficking lawsuit?
Up to seven years after the later of the date you were no longer subject to the prohibited conduct or the date you turned 18.
If I was trafficked as a minor, when does the filing deadline start running?
From whichever date is later: the date the trafficking conduct ended, or the date you turned 18. A victim trafficked as a child gets the benefit of the later trigger.
What can I recover if I win a case under this section?
Compensatory damages, punitive damages, and reasonable attorney fees and costs.
Amendment History
2016, cc. 557, 668; 2019, c. 458; 2021, Sp. Sess. I, c. 188; 2023, c. 385; 2024, c. 368.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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