Is Prostitution legal in Texas?

The Law of Prostitution in Texas

Prostitution is a complex and heavily regulated issue in Texas.  We are going to explore the legal aspects of prostitution in the State of Texas, including what constitutes prostitution and the penalties for various offenses.  If you have been charged with a crime involving prostitution it is important that you seek legal counsel quickly.  At The Low Law Firm in Abilene, Texas our attorneys are skilled at investigating the charges and looking at all possible defenses to such a charge.

What is Prostitution in Abilene, Texas?

In Texas, prostitution is defined under Section 43.02 of the Texas Penal Code. It involves the act of offering, agreeing to, or engaging in sexual conduct for a fee. This law applies not only to those who offer or engage in sexual conduct but also to those who solicit or seek out such services, which is known as Solicitation of Prostitution, or those who promote those services, which is referred to as Promotion of Prostitution.

Tex. Pen. Code Sec. 43.021 identifies Solicitation of Prostitution as an offense if the person knowingly offers or agrees to pay a fee to another person for the purpose of engaging in sexual conduction with that person or another.  While Tex. Pen. Code Sec. 43.03 explains Promotion of Prostitution as an offense if, acting other than as a prostitute receiving compensation for personally rendered services, he or she knowingly:

1) receives money or other property pursuant to an agreement to participate in the proceeds of prostitution; or
(2) solicits another to engage in sexual conduct with another person for compensation.

The law goes on to include crimes of online promotion of prostitution, aggravated promotion of prostitution and compelling prostitution, which are all crimes that carry felony level punishments if the State proves their case.

What are the penalties for Prostitution Offenses

Penalties for prostitution in Texas vary based on the nature of the offense and whether the offender has prior convictions.  In addition, there are a number of variations of the charges depending on whether or not minors are involved, or whether or not disabled individuals were involved.  Below is a breakdown of some of the potential consequences, however, this list is not exhaustive:

1. Prostitution (Selling or Engaging)

• First Offense: Class B misdemeanor, punishable by up to 180 days in jail and/or a fine of up to $2,000.
• Second Offense: Class A misdemeanor, punishable by up to 1 year in jail and/or a fine of up to $4,000.
• Third or Subsequent Offense: State jail felony, punishable by 180 days to 2 years in state jail and a fine of up to $10,000.

2. Solicitation of Prostitution (Buying or Seeking)

• First Offense: State jail felony, punishable by 180 days to 2 years in state jail and a fine of up to $10,000.
• Second or Subsequent Offense: Third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.

3. Promotion of Prostitution (Pimping)

• First Offense: Third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.
• Second or Subsequent Offense: Second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000.
• Can be a first degree felony if promotion involves a minor under the age of 18.

4. Aggravated Promotion of Prostitution

• First degree felony, punishable by 5 to 99 years in prison and a fine up to $10,000.00.

5. Compelling Prostitution (Forcing or Coercing)

• First degree felony, punishable by 5 to 99 years in prison and a fine up to $10,000.00.

FAQ: Common Questions About Prostitution Charges

Q: What should I do if I am charged with prostitution?

• A: If you are charged with prostitution, it is crucial to contact an experienced criminal defense attorney immediately. They can help you understand your rights, explore possible defenses, and navigate the legal process.

Q: Can I be charged with prostitution if no money was exchanged?

• A: Yes, you can be charged with prostitution even if no money was exchanged. The law covers offers or agreements to engage in sexual conduct for a fee, regardless of whether the transaction was completed.

Q: What are the defenses against a prostitution charge?

• A: Common defenses include lack of intent, victimhood, or mistaken identity. An attorney can help determine the best defense based on the specifics of your case.

Q: Can a prostitution charge be expunged from my record?

• A: It depends on the charge and a number of other factors.  It would be very important to discuss this potentiality with your defense lawyer or seek counsel regarding expungement.

Q: What are the long-term consequences of a prostitution conviction?

• A: A conviction can have long-term consequences, including a permanent criminal record, difficulty finding employment, loss of professional licenses, and damage to personal relationships.

Understanding the laws surrounding prostitution in Texas is essential for those who may be facing charges or who want to be informed about the legal landscape. The penalties for prostitution offenses are severe, reflecting the state’s stringent stance on this issue. If you or someone you know is charged with a prostitution-related crime, seeking legal advice and representation is critical to ensuring the best possible outcome.  You need an attorney experienced in investigating these matters and willing to hold the State to their burden.  At The Low Law Firm we believe in fighting for the best possible outcome for each client. Call us for a free consultation at (325) 455-1889.