The Offense of Prostitution in Texas, Soliciting a Prostitute, Prostitution Stings in Texas
The prostitution laws in Texas are broad in that they cover both soliciting a sex act from another as well as agreeing to perform a sex act in exchange for a fee.
The prostitution laws in Texas also prohibit offers and agreements to engage in sexual conduct in return for a fee, as well as actually engaging in sexual conduct for a fee.
Prostitution laws in Texas also include merely soliciting another person in a public place to have sexual contact for a fee.
It may surprise you, but in the law there is no requirement that money actually be exchanged or that the sex act actually took place.
The offense of Prostitution is defined in section 43.02 of the Texas Penal Code, which provides the following:
Sec. 43.02. PROSTITUTION
(a) A person commits an offense if, in return for receipt of a fee, the person knowingly:
(1) offers to engage, agrees to engage, or engages in sexual conduct; or
(2) solicits another in a public place to engage with the actor in sexual conduct for hire.
(b) A person commits an offense if, based on the payment of a fee by the actor or another person on behalf of the actor, the person knowingly:
(1) offers to engage, agrees to engage, or engages in sexual conduct; or
(2) solicits another in a public place to engage with the actor in sexual conduct for hire.
(b-1) An offense is established under Subsection (a) regardless of whether the actor is offered or actually receives the fee. An offense is established under Subsection (b) regardless of whether the actor or another person on behalf of the actor offers or actually pays the fee.
Content Summary
ToggleTexas | Penalties for Prostitution
An offense under this section is a Class B Misdemeanor which means the punishment range is 0-180 days in county jail and 0-$2,000 fine, or both.
If the person solicited is younger than 18 years of age, the charge is enhanced to a second degree felony, which is punishable by 2-20 years in prison and up to a $10,000 fine.
However, if the person charged is a victim of human trafficking, there is a valid defense to the charge.
Houston, TX Criminal Attorney (713) 224-4000
Despite the broad statutory language and the harsh penalties, there may be defenses to a charge of prostitution in Texas.
There are numerous issues that need to be investigated:
- Was this a lawful sting operation or entrapment?
- Did the person charged actually solicit a prostitute or did they simply get caught in the middle of a sting with no intent to solicit anyone?
If you have been accused of prostitution, contact Texas Attorney immediately
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