Prostitution in Texas
The general Prostitution Law and full text can be found in section 43.02 of the Texas Penal Code.
You can be charged with prostitution if you knowingly offer or agree to receive a fee from another to engage in sexual conduct.
- Sexual Conduct means any touching of the anus, breast, or any part of the genitals of another person with the intent to arouse or gratify the sexual desire of any person.
You can also be charged with prostitution if you knowingly offer or agree to pay a fee to another person to engage in sexual conduct. So it doesn’t matter if you are the buyer or the seller, the charge is the same.
On either of these prostitution charges, if this is your first time being charged with prostitution, then it is a Class B Misdemeanor. This type of misdemeanor charge carries a possible range of punishment of up to 6 months in the county jail where you were charged, and a fine of up to $2,000.
If you have 1 or 2 prior convictions for prostitution, then the charge is a Class A Misdemeanor. This type of misdemeanor charge carries a possible range of punishment of up to 1 year in the county jail where you were charged, and a fine of up to $4,000.
If you have 3 or more prior convictions for prostitution, then the charge is a State Jail Felony. A State Jail Felony has a range of punishment of 180 days to 2 years in a state jail facility, and a fine of up to $10,000.
If you are a “John” accused of being a “buyer”, and the “seller” is younger than 18 years old (whether you knew it or not), OR if the seller said they were younger than 18 years old, OR if you thought they were under 18 years old, then the case is a 2nd Degree Felony. A 2nd Degree Felony has a range of punishment of 2-20 years in prison, and a fine of up to $10,000.
It is a defense to the “seller” if they were a victim of human trafficking, or the victim of someone who was compelling prostitution.
What do I do if I am are charged with Prostitution?
You need to get a lawyer ASAP. People from all walks of life are charged with Prostitution every single year. This is a classless crime, rich/poor, black/white/brown, male/female, young/old, educated/uneducated…thousands and thousands of people are charged with prostitution yearly.
My goal is for you to come out of this case with your future intact, and without this case haunting you forever. The number one goal is to keep this off your record (as much as possible).
Whether you are “buying” or “selling”, typically these arrests happen through undercover sting operations. Officers are typically wired, or have audio recording devices, and record the interaction with you. Officers pose as both the prostitutes (online or on the street), and also as “Johns” purchasing sexual conduct (online, in person, at strip clubs and massage parlors, etc). The problem with these types of cases is that the officers are always concerned about arrest numbers. They want to arrest as many people as possible to get a pat on the back, or to make the newspaper article more impressive when news of the sting gets out. What happens is that many times officers arrest individuals who ended up in the wrong place at the wrong time. Sometimes officers are very pushy, put words in the other person’s mouth, and even call for arrests when they were the only ones who did any talking.
It is my job to show the District Attorney that this is a misunderstanding, and that you were wrongly arrested. I really believe that most people would be shocked at the amount of people that are unjustly arrested for this type of case.
And if you did make a mistake, and you are in fact guilty, then I will do everything possible to help you either earn a dismissal through a special program or classes (if available in that specific county) or to help you pick the best option for you (and your future criminal record).
I am here to help YOU. Every situation is very different, and every situation requires a different strategy. I will compose a custom strategy for your case and we will go from there. There is no such thing as a cookie cutter defense. I will be ready to personally defend YOUR case.