Texas Prostitution Law – Penal Code 43.02

Prostitution involves the sale of sexual services. Payment for prostitution services includes exchanging something of value for the act, for example, goods, services, or money.

Prostitution is a criminal offense in Texas. Under Texas Penal Code Section 43.02(a), an individual commits this offense if, in return for receipt of a fee, they knowingly:

• Offers to engage in, agrees to engage in, or engages in sexual conduct;
• Solicits another individual in a public place to engage with them in sexual conduct for hire.

Under this law, both offering sexual services for money and paying or soliciting for these services are illegal. The penalties for prostitution in Texas will depend on the number of previous convictions. They may range from a Class B misdemeanor for a first-time offender to a felony for individuals with three or more previous convictions.

If an individual is facing prostitution charges of any kind in Texas, they should consult with a local Texas attorney.

When Can I Be Found Guilty of Prostitution?

An individual may be convicted of prostitution if they:

• Offer to engage in prostitution;
• Agree to engage in prostitution;
• Engage in any sexual activity for payment;
• Solicit an individual in a public place to engage with them in a sexual activity in exchange for payment.

What Is Compelling Prostitution?

In Texas, compelling prostitution is a more severe criminal offense that involves causing another individual to commit prostitution. Texas Penal Code Section 43.05 provides that compelling prostitution is a felony offense.

This statute provides that an individual commits this offense if they knowingly:

• Cause another individual to commit prostitution by force, threat, or fraud;
• Cause by any means a child younger than 18 years to commit prostitution, regardless of whether the actor knows the age of the child at the time of the offense, regardless of whether force, threat, or fraud was involved.

The severity of the punishment an individual may face for compelling prostitution is higher than for prostitution. This offense is classified as a second-degree felony if it involves adults.

If the offense involves a minor, the charge will be elevated to a first-degree felony.

Is Promotion of Prostitution the Same as Compelling a Prostitute in Texas?

No, promotion of prostitution is not the same as compelling prostitution under Texas law. These offenses represent different aspects of a broader crime, sexual exploitation.

Under Texas Penal Code Section 43.03, promotion of prostitution occurs when an individual knowingly:

• Receives money or other property based on an agreement to participate in the proceeds of prostitution;
• Solicits another individual to engage in sexual conduct with another individual for compensation.

The promotion of prostitution involves actions that enable or profit from prostitution but do not have to involve force or coercion. This may include things such as:

• Running a brothel;
• Pimping;
• Facilitating the provisions of sexual services for money;
• Online prostitution.

On the other hand, compelling prostitution involves using fraud, threat, or force to cause another individual to engage in prostitution or causing a minor to engage in prostitution, no matter if force, threat, or fraud was used.

This offense focuses on the exploitative means used to involve an individual in prostitution.

What Is Aggravated Promotion of Prostitution in Texas?

Aggravated promotion of prostitution occurs in Texas when an individual knowingly:

• Finances, owns, invests in, controls, supervises, or manages a prostitution enterprise;
• The enterprise uses at least two prostitutes.

What Is the Punishment for a Prostitution Conviction in Texas?

Usually, prostitution is classified as a class B misdemeanor, which is punishable by:

• Up to 180 days in jail;
• A fine of up to $2,000;
• A combination of both.

The penalties for prostitution may vary depending on the specific charges involved and the jurisdiction. The consequences for soliciting, engaging in, or promoting prostitution may include:

• Fines;
• Jail time;
• Community service;
• Probation;
• Various other legal consequences.

A brief overview of possible penalties include:

• Fines: The monetary fines for a prostitution-related offense may range from a few hundred to several thousand dollars, depending on the severity of the charge as well as the jurisdiction;
• Jail time: A conviction for solicitation or prostitution may result in jail time, which can vary from a few days to several years;
• Community service: Courts may require individuals convicted of prostitution-related offenses to perform community service as part of their sentence;
• Probation: Probation is a penalty that is commonly used for prostitution-related offenses, especially for first-time offenders;
• Mandatory counseling or education programs: In certain jurisdictions, an individual who is convicted of a prostitution-related offense may be required to attend counseling or an educational program focused on:
  • substance abuse;
  • sexual health;
  • the risks and consequences of prostitution;
• Seizure of assets: In certain cases, assets that were used in connection with prostitution, such as vehicles or property, may be seized by law enforcement;
• Criminal record: A conviction for a prostitution-related offense can result in a criminal record, which can have long-lasting consequences for the individual’s personal and professional life; and
• Additional consequences for non-citizens: A non-citizen who is convicted of a prostitution-related offense may face additional consequences, for example, deportation or the denial of naturalization.

Can the Punishment for a Prostitution Conviction Become More Severe?

Yes, the punishment for a prostitution conviction may become more severe by increasing to:

• A class A misdemeanor if the defendant has one or two previous prostitution convictions;
• A state jail felony if the defendant has been convicted three or more times;
• Felony in the third degree if a defendant solicited an individual between the ages of 14 and 18 years old; and
• Felony in the second if the defendant solicited an individual younger than 14 years old.

Is It a Defense if I Was Forced to Participate in Prostitution?

Yes, being forced into prostitution can be used as a defense in Texas if a defendant was actually a victim. This includes being involved in human trafficking in Texas.

How Do I Beat a Prostitution Charge?

There are several potential defenses that may be available for an individual to challenge prostitution charges, including:

• Lack of evidence: Prosecutors must prove beyond a reasonable doubt that the defendant engaged in prostitution;
• Entrapment: In some cases, a law enforcement officer may have induced or encouraged an individual to engage in prostitution and then arrested them;
• Coercion: If the defendant was coerced or forced into prostitution against their will, they can argue that they were a victim and not a willing participant;
• Mistaken identity: If the defendant was incorrectly identified as the individual who was engaging in prostitution, the defense can argue that the prosecution has the wrong defendant and that the case should be dismissed;
• First Amendment: In certain situations, prostitution may be considered a form of free speech, expression, or association. The defense can argue that the defendant was exercising their First Amendment rights and that the charges should be dropped; and
• Medical necessity: In some cases, individuals may engage in prostitution for medical reasons, such as to pay for necessary medical treatment.

Should I Contact a Lawyer About My Prostitution Charge?

If you have been charged with prostitution in Texas, it is essential to consult with a Texas criminal attorney. Your attorney can help you fight the charges against you and avoid the severe penalties that may result from a criminal conviction.

Your lawyer can advise you on what defenses you may be able to present in court. The punishment for these offenses can be severe and affect more than just your criminal record, so legal representation is essential.