Defending Prostitution Cases in Houston, TX (Harris County)

Prostitution has been a controversial issue across the United States for decades, and Texas has not been immune to the complexities surrounding the practice. In the state, prostitution has long been classified as a criminal offense, but in recent years, lawmakers have made significant changes to the way prostitution cases are handled, particularly when it comes to those purchasing sex, commonly referred to as «Johns.» These changes have made the consequences for Johns more severe, while providing opportunities for prostitutes to enter programs aimed at rehabilitation and reducing repeat offenses.

In this blog, we will dive deep into the legal landscape of prostitution cases in Texas, focusing on recent changes, how they affect both the individuals involved in prostitution, and the range of punishments that come with these offenses. Additionally, we will explore specialized programs in Harris County aimed at addressing underlying issues for those involved in prostitution and the criminal justice system.

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Historical Overview of Prostitution Laws in Texas

Historically, prostitution laws in Texas have targeted both the person offering sexual services (the prostitute) and the person seeking sexual services (the «John»). Under the Texas Penal Code, prostitution is defined as engaging in, offering to engage in, or agreeing to engage in a sexual act for compensation. These offenses have typically been classified as misdemeanors for first time offenders.

Individuals who had multiple convictions/charges could eventually be charged as a felony for being a habitual prostitution offender.

However, in recent years, there has been a shift in how Texas lawmakers approach prostitution-related offenses, particularly with the passage of laws targeting Johns. These new legal changes have raised significant questions regarding the fairness of the justice system, the appropriate punishment for the people involved, and the best ways to tackle the root causes of prostitution.

Recent Changes in Prostitution Laws in Texas

The legal landscape surrounding prostitution in Texas has recently undergone significant changes, especially concerning how those purchasing sex, or «Johns,» are treated under the law. One of the most important developments in this area has been the change in how John cases are classified.

Traditionally, prostitution charges for Johns were classified as misdemeanors, just like those for prostitutes. However, recent changes to the Texas Penal Code have raised the stakes for those who purchase sex. In 2021, Texas lawmakers passed a new law which elevated the offense of purchasing sex (the «John» offense) to a state jail felony.

This makes Texas the first state in the nation to punish first time offenders with a felony charge.  The new legislation has made it clear that the state is taking a more aggressive stance against individuals who purchase sex. The law reflects an increasing focus on the demand side of the prostitution trade, aiming to reduce the profitability of sex trafficking and exploitation. By making John offenses felonies, Texas hopes to dissuade individuals from seeking out illegal sex work and, ultimately, decrease the prevalence of prostitution in the state.

The Range of Punishments for Prostitution Cases

The penalties for prostitution-related offenses vary depending on several factors, including whether the individual is charged with soliciting sex or engaging in sex work. While prostitutes generally face less severe consequences, those who purchase sex (Johns) are now facing more serious charges under the law.

Penalties for Prostitutes

For the individual engaging in sex work, prostitution is generally classified as a misdemeanor in Texas, with penalties that can include:

• First Offense: A Class B misdemeanor, punishable by a fine of up to $2,000 and/or up to 180 days in county jail.
• Subsequent Offenses: Repeat offenders can face harsher penalties, including a Class A misdemeanor, which carries a fine of up to $4,000 and/or up to one year in county jail. In cases of habitual repeat offenders, prostitutes can be charged with felonies.

Penalties for Johns

Johns, who solicit or pay for sex, now face significantly more severe punishments. As a result of a new law in September of 2021, the penalties for purchasing sex have become much stricter, especially for repeat offenders:

• First Offense: A state jail felony where the range of punishment is a minimum of 6 months in a state jail and a maximum of 2 years in a state jail.  It also carries a potential additional fine of up to $10,000
• Subsequent Offenses: A third or subsequent offense can result in a third-degree felony charge. This charge carries a prison sentence of between 2 and 10 years and a fine of up to $10,000.

These increased penalties reflect Texas’ heightened focus on combatting the demand for prostitution and sex trafficking. By making first time john offenses a felony, the state is trying to create a greater deterrent for Johns who may otherwise continue to purchase sex without facing significant legal consequences.  Opponents of this law have pointed out the unfairness, but until the law is changed, these are the potential punishments.

Potential Defenses to Prostitution

In Texas, individuals charged with prostitution have various potential defenses that could be raised during their trial. Here are some key defenses that could be used:

1. Entrapment

• Definition: Entrapment occurs when law enforcement officers induce or coerce an individual to commit an illegal act that they would not have otherwise committed.
• Defense Argument: The defendant may argue that they were persuaded or encouraged by law enforcement officers to engage in prostitution. The defendant must show that they were not predisposed to commit the crime and were only prompted to do so by the actions of law enforcement.

2. Lack of Evidence (Actual Innocence)

• Definition: This defense asserts that there is insufficient or no evidence to prove that the defendant committed the act of prostitution.
• Defense Argument: The prosecution may not be able to prove beyond a reasonable doubt that the defendant exchanged sex for money or performed any act of prostitution. If no evidence exists that links the defendant to prostitution, the charges could be dismissed or result in an acquittal.

3. False Allegations

• Definition: This defense suggests that the allegations made against the defendant are fabricated or untrue.
• Defense Argument: The defendant could argue that the accuser misidentified them, or that the events alleged by the accuser simply did not happen. This could involve disputing the credibility or accuracy of the testimony of law enforcement or witnesses.  This is most likely to happen in a solicitation case done on a cell phone.

4. Coercion or Force (Forced Self-Incrimination)

• Definition: The defense asserts that the defendant was coerced, threatened, or otherwise forced into committing prostitution.
• Defense Argument: The defendant may claim that they were under duress and acted in response to threats of harm. For example, they may argue that they were forced into sex work due to manipulation, violence, or intimidation by another individual. This defense can also be related to situations of human trafficking.

5. Lack of Intent

• Definition: This defense argues that the defendant did not have the necessary intent to commit prostitution.
• Defense Argument: Prostitution in Texas requires the intent to engage in sexual acts for compensation. The defendant could argue that they did not have this intent and were unaware that their actions would be classified as prostitution. For example, they might argue that they were simply engaged in a social interaction and had no intention of exchanging sex for money, or they simply agreed to get away from the other person.

6. Mistaken Identity

• Definition: The defense suggests that the defendant was misidentified as the person involved in the prostitution-related activities.
• Defense Argument: If the defendant can demonstrate that they were not the individual engaged in prostitution, they may argue that they were mistaken for someone else. This could involve evidence of alibi, lack of clear identification, or other facts that show they were not involved.

7. Undercover Police Tactics (Illegal Search or Seizure)

• Definition: A defense based on violations of constitutional rights, such as illegal searches or seizures, may be raised if the evidence obtained by law enforcement was gathered unlawfully.
• Defense Argument: If law enforcement used unlawful methods, such as conducting a search without probable cause or a warrant, any evidence obtained from those methods could be suppressed. This could include evidence of prostitution activities.

8. Lack of Jurisdiction

• Definition: The defendant may argue that the charges should be dismissed because the alleged offense did not occur within the jurisdiction of the court that is prosecuting the case.
• Defense Argument: If the alleged act of prostitution took place outside of the jurisdiction of the court, the defendant may argue that the charges are invalid.

9. Violation of Miranda Rights or Forced Confession

• Definition: A defendant could argue that their confession or statements made to law enforcement were obtained in violation of their constitutional rights.
• Defense Argument: If the defendant was not properly advised of their Miranda rights (the right to remain silent, the right to an attorney, etc.), or if their confession was coerced or obtained through threats, intimidation, or improper tactics, the defense may argue that any statements made should be excluded from the case.

10. Non-Prostitution Related Activities

• Definition: The defendant may argue that their actions did not constitute prostitution but were part of an entirely different, lawful activity.
• Defense Argument: If the defendant was accused of engaging in activities that appeared to be prostitution but were actually unrelated, they might argue that they were involved in other, lawful activities that were misinterpreted as prostitution.

11. Consent in Certain Situations

• Definition: Sometimes individuals may claim that they were acting as part of a legal business model that may be misunderstood as prostitution.
• Defense Argument: In these situations, the defendant might argue that they were involved in a legal transaction that could be misinterpreted as prostitution.  This could include being paid to film a legal movie, etc.

What are not defenses to prostitution?

1. «No actual exchange of sexual services» is not a defense:

This means that even if there is no explicit agreement or actual exchange of sexual services for money or something of value, a person can still be charged with prostitution under Texas law. In other words, the mere offer or agreement to engage in prostitution, even if sexual services are not actually exchanged, can still lead to charges. The law focuses on the intent to engage in prostitution, not necessarily the completion of the transaction.

For example, if someone is arrested in a situation where they are negotiating or offering sexual services for payment, but no sexual act actually occurs, they can still be charged with prostitution based on the intent and attempt to engage in the act.  This happens on nearly every single charge where an undercover officer is involved.

2. «No actual exchange of something of value» is not a defense:

Similarly, Texas law doesn’t require the actual exchange of money or other items of value to charge someone with prostitution. The offer or agreement to exchange sexual services for something of value (whether it’s money, goods, or any other form of compensation) is enough for a prosecution. The law looks at the offer or agreement itself as evidence of the crime, not the actual completion of the exchange.

For example, a person may be arrested for engaging in prostitution if they make an offer to exchange sexual services for money, even if the money is never actually handed over or the act never happens.

Special Programs in Harris County

In some parts of Texas, certain programs have been implemented to offer alternative legal processes for individuals involved in prostitution offenses, particularly in Harris County, which includes Houston. These programs are designed to focus on rehabilitation and addressing the underlying issues that may have led individuals to engage in prostitution or seek sex for money.

Pre-Trial Intervention Program (Johns)

One such program in Harris County is the Pre-Trial Intervention (PTI) Program, which is available to individuals charged with soliciting prostitution, or «Johns.» This program offers individuals a way to avoid a criminal conviction by participating in educational and rehabilitative services. The PTI program is typically available for first-time offenders, offering a chance to have the charges dismissed upon successful completion.  However, you have no legal right to be in this program.  It is discretional, and the DAs office can decide to offer or not offer a PTI for any reason they deem appropriate.

If you qualify and are offered the PTI program includes various components such as:

• Counseling and Education: Johns may be required to attend educational sessions on the dangers and consequences of prostitution, as well as counseling designed to address behavioral issues and encourage healthier relationships.
• Community Service: Participants may be required to complete community service as part of the program.
• Supervision: Throughout the program, participants are supervised to ensure compliance with the conditions set forth by the court.

The goal of the PTI program is to prevent future criminal behavior, reduce recidivism, and provide individuals with the opportunity to make positive changes without having to face a permanent criminal record. Successful completion of the PTI program results in the charges being dismissed, which can allow individuals to avoid a felony conviction and the long-term consequences of a criminal record.

P180 Program for Prostitutes

For individuals who are arrested for prostitution, especially women involved in sex work, Harris County sometimes offers the P180 Program, which is a diversion program aimed at providing rehabilitation and support services rather than punishment. The P180 program is available to prostitutes who have been arrested and is designed to address the complex social and psychological factors that often lead to prostitution.

Participants in the P180 program are given the opportunity to work through the following:

• Support Services: The program connects participants with resources such as housing assistance, addiction counseling, mental health services, and job training.
• Rehabilitation: The goal is to help participants build skills, address any addiction issues, and find alternative paths out of sex work.
• Long-Term Support: After completing the program, participants are given ongoing support to ensure they remain on a path to recovery and stability.

The P180 program is designed with the understanding that many individuals involved in prostitution are victims of circumstances such as poverty, addiction, and abuse. By offering an alternative to traditional criminal justice punishment, this program seeks to help these individuals escape the cycle of sex work and reintegrate into society.

Typically participants will sign an agreement with the district attorneys office.  They usually go to an interview where they will talk about their life and what led them to being arrested for prostitution.  They are typically informed about the resources available to them, and need to schedule an appointment to have “Meaningful Contact” with a program worker.  At the end of the program, if they are successful, charges will be dismissed and the case will be eventually eligible for an expunction which is a complete destruction of the criminal record.  Like the Pre-Trial Intervention program, no one has an absolute right to be in this program.  Extending an offer to participate is in the sole discretion of the District Attorney’s office of Harris County, TX.

Undercover Operations: Law Enforcement Strategies

In Texas, law enforcement agencies are proactive in addressing prostitution-related crimes through undercover operations. Officers frequently set up sting operations to catch both prostitutes and Johns. These operations are designed to pose as either prostitutes or potential customers in order to catch offenders in the act.

For example, undercover officers may advertise on websites known for prostitution services, or they may use decoy vehicles and hidden surveillance to monitor street-level prostitution. Once a suspect is caught engaging in illegal activity, they are arrested and charged. The use of undercover operations is a strategy employed by law enforcement to reduce demand for prostitution, prosecute offenders, and combat sex trafficking.

The Stigma and Lasting Consequences of a Prostitution Conviction

A prostitution-related conviction can have profound consequences that extend far beyond the criminal justice system. Being arrested and convicted for prostitution, whether as a prostitute or a John, can lead to severe reputation damage. Many individuals who are caught in these situations experience shame, embarrassment, and social stigma.

For example, a background check may reveal a prostitution conviction, and this can be a significant barrier when trying to secure a job, housing, or even maintain personal relationships. Employers, landlords, and other organizations often view a criminal conviction as a red flag, which could result in lost opportunities.

Moreover, a prostitution conviction can affect a person’s mental health, leading to issues like depression, anxiety, and feelings of hopelessness. This, combined with the legal consequences, can create a snowball effect that severely impacts an individual’s future.

Immigration Consequences for Non-U.S. Citizens

The consequences of prostitution-related convictions are particularly severe for individuals who are not U.S. citizens. Immigrants convicted of prostitution offenses may face a variety of immigration-related consequences, including:

• Deportation: Convictions for prostitution or soliciting prostitution can result in the deportation of non-citizens, especially those without legal permanent resident status.
• Visa and Green Card Issues: A prostitution conviction can make it difficult to obtain or maintain a work visa or green card, and could disqualify an individual from applying for U.S. citizenship.
• Bars to Reentry: Non-citizens who are deported due to a prostitution-related conviction may be permanently barred from reentering the United States.

The fact that Johns are now facing felony charges makes the immigration consequences even more severe. A felony conviction may result in a longer-lasting criminal record, increasing the chances of deportation and immigration restrictions.

In Texas, solicitation of prostitution is considered a crime of moral turpitude. Crimes of moral turpitude involve dishonesty or morally reprehensible behavior, which may lead to further consequences, such as impacting immigration status or professional licenses.

Attorney Eric Benavides

If you have been charged with Prostitution in Harris County, it is extremely important to have a qualified criminal defense lawyer that wants to fight for you. The legal changes surrounding prostitution in Texas reflect a shifting societal attitude toward both those who sell sex and those who purchase it. By elevating the penalties for Johns and offering programs like Pre-Trial Intervention and P180, the state is attempting to strike a balance between punitive measures and rehabilitative approaches. But sometimes it is better to simply fight your case towards a trial.

Attorney Eric Benavides has the knowledge and experience to guide you through this stressful time.  Whether you are a US Citizen worried about the public stigma, or someone who is a resident or undocumented and worried about potential deportation, Eric Benavides will guide you through the process.  Call him today at 713-222-2828 for a free consultation.

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