The sale of sex acts in exchange for money or other valuables is known as “prostitution.” Money, products, and services are all possible forms of payment for sexual services.
Providing commodities, services, money, or other items of value for sex acts is considered payment for the purpose of prostitution law. The two basic crimes involving prostitution are soliciting prostitution and engaging in prostitution.
Under prostitution laws in Texas, prostitution is a state jail felony, and for a first conviction, a perpetrator may be sentenced to a maximum of 2 years in state prison and a minimum of 180 days in addition to payment of a fine of up to $10,000. This means that if convicted of prostitution in Texas, the perpetrator must serve a minimum of 180 days in state jail and could serve as much as 2 years.
A person commits the offense of promotion of prostitution, commonly known as “pimping,” when they receive compensation for providing the prostitution services of another. A person also commits the offense of promotion of prostitution if they solicit another person to sell sex acts for compensation. The promoter must receive money or other items of value per an agreement to share in the proceeds of prostitution.
Promotion of prostitution is a 3rd-degree felony in Texas. A second or subsequent offense is a 2nd-degree felony. If the sex worker involved is under the age of 18, the offense is a 1st-degree felony. This is true even if the perpetrator of the promotion does not know the age of the prostitute.
In an effort to apprehend perpetrators of the crime of promotion of prostitution, local, state, and federal law enforcement authorities frequently use prostitution sting operations.
In addition, a person can face a prostitution charge merely for trying to arrange a transaction with a sex worker. Again, this is the crime of soliciting. This applies to arranging a meeting for the purpose of prostitution online (online solicitation).
It is important to keep in mind that even if prostitution does not take place, i.e., there is no exchange of money for sex acts, the crime has been committed when the agreement to make the exchange is concluded. So, a person could appear for a meeting that was arranged online with a prostitute with the money to pay the stated price for a sex act. If that is the case, they can be convicted of solicitation of prostitution.
Solicitation of prostitution is a class B misdemeanor for a first offense with punishment of a maximum of 180 days in county jail and payment of a fine of up to $2,000 or community service and probation.
What Must Be Proven in Order to Convict a Person of Texas Prostitution Promotion?
The state must present evidence to prove that the perpetrator knew or should have known that they were:
- Soliciting a person to engage in sexual activity or sexual contact with another person for payment or otherwise to commit prostitution;
- Receiving something of value in exchange for agreeing to profit from the prostitution of another person. The thing of value could be cash, property, products, or services.
What Is the First Offense Punishment for Promoting Prostitution?
A first-time conviction for promoting prostitution in Texas is a 3rd-degree felony.
A perpetrator who is convicted of this crime may be sentenced to a term of imprisonment of 2 to 10 years and payment of a fine of up to $10,000.
What Is the Punishment in Texas for a Second Conviction of Promoting Prostitution?
A second offense is a 2nd degree felony that carries a sentence of 180 days to 2 years in prison and a $10,000 fine. A convicted perpetrator can be sentenced to a term of imprisonment of 2 to 10 years and payment of a fine of up to $10,000.
Because Texas sex offender statutes do not now require the reporting of convictions for the promotion of prostitution, for a person convicted of promotion of prostitution or aggravated promotion of prostitution, registration as a sex offender is not mandated in the state of Texas.
What Is the Punishment for Promoting Prostitution in Texas?
Again, If found guilty of promoting prostitution, a 3rd-degree felony, the perpetrator can be sentenced to a term of imprisonment of 2 to 10 years and payment of a fine of up to $10,000.
If the perpetrator has a prior conviction for the same crime, the offense is upgraded to a 2nd-degree felony, which carries punishments of up to 20 years in prison and a $10,000 fine.
If the crime involves a person under the age of 18, the crime is a 1st degree felony. A person convicted of a 1st-degree felony may be sentenced to a minimum of 5 years in jail and a maximum of life in prison and payment of a fine of $10,000.
What Is Felony Prostitution Promotion in Texas?
Currently, all promotion of prostitution charges are felonies in Texas. A first offense is a 3rd-degree felony. A 2nd or subsequent offense is a 2nd-degree felony. If the crime involves a person under the age of 18, it is a 1st-degree felony.
There is yet another crime in Texas that involves the promotion of prostitution, and that is aggravated promotion of prostitution. This crime involves the use of 2 or more prostitutes in the promotion of prostitution.
A Texas conviction for aggravated promotion of prostitution is punished as a 2nd-degree felony, punishable by up to 20 years in prison and a fine of up to $10,000.
Suppose a prostitution enterprise employs a prostitute who is less than 18 years old. In that case, it is also punishable as a 1st-degree felony, again, regardless of whether the perpetrator was aware of the prostitute’s age or even if the prostitute lied about their age. This carries a sentence of a minimum of 5 years to a maximum of life in prison and a fine of up to $10,000.
If the Prostitute Involved Is a Minor, Is the Prison Sentence Longer?
The possible sentence for a conviction for the crime of promotion of prostitution is longer if the prostitute involved is under the age of 18, as noted above.
Is the Fact That I was Coerced Into Engaging in Prostitution a Defense?
The prostitute may be involved in the crime of promotion of prostitution and has been coerced into prostitution. If so, this might be claimed as a defense by the prostitute to a charge of prostitution or promoting prostitution in Texas.
That is because compelling prostitution in Texas is yet another serious, prostitution-related criminal offense. It involves causing another person to engage in prostitution through force, threat, or fraud or compelling a person under 18 to engage in prostitution, whether or not force, threat, or fraud is used. A person who has been compelled by force, threat, or fraud is a victim of the crime and cannot be convicted of prostitution.
Is There Any Protection for Children From Prostitution and Sexual Exploitation?
More safeguards against the exploitation of minors for sexual purposes are still a top priority for lawmakers in Texas. The adoption of these laws demonstrates an understanding of the fact that young people are vulnerable to adult sexual exploitation in the state.
When one adult promotes the prostitution of another adult without the use of any coercion, fraud, or threats, the offense is a state jail felony in Texas.
When an adult promotes the sexual exploitation of minor children, the consequences are more severe. These offenses connected to prostitution include:
- Trafficking a minor under the age of 18 for forced sexual performance or prostitution: This is a violation of Texas Penal Code 20A.02;
- Texas Penal Code 43.25(e): This statute makes it a crime to induce a minor under the age of 14 to engage in sexual activity;
- Texas Penal Code 22.011.021: Sexually assaulting a minor under the age of 14 is considered aggravated sexual assault and is subject to the same penalties as raping an adult with serious physical harm or other aggravating circumstances; and
- Texas Penal Code 43.03.05: This law makes it a crime to force a minor under the age of 18 to engage in prostitution.
Do I Need the Help of a Lawyer for My Promotion of Prostitution Issue?
If you have been charged with any crime associated with prostitution, whether it is solicitation, promotion, or trafficking, you want to consult a local Texas criminal lawyer. Under new Texas laws, some prostitution-related offenses can bring quite lengthy prison sentences.
LegalMatch.com can connect you to a lawyer who can tell you if any defenses are available or represent you skillfully in plea negotiations. You do not want to risk a lengthy prison term. You need to talk to a local Texas lawyer today.
