Texas prostitution laws make it a crime to engage in, promote, or solicit sexual acts in exchange for payment. These laws clearly outline the different types of charges and the penalties that come with them.
If you’ve been accused of a prostitution offense in Texas, understanding the potential consequences is important. Keep reading to learn more about Texas prostitution laws.
Key Takeaways
- Prostitution laws in Texas classify charges based on the role a person is accused of playing, including solicitation, promotion, or trafficking for sexual exploitation.
- If you commit prostitution offenses, you could face anywhere from a misdemeanor to a first-degree felony.
- Solicitation of prostitution is now treated as a felony under Texas law.
- If you’ve been charged with a prostitution offense, it’s important to seek legal guidance to understand your rights and options.
Types of Prostitution Charges Under the Texas Penal Code
Under the Texas Penal Code, prostitution offenses are usually classified based on the role a person plays in the activity. Here are the different types of charges for prostitution in Texas:
Prostitution
Under the Texas Penal Code, prostitution is defined as knowingly offering or agreeing to engage in sexual conduct for a fee. The law doesn’t require the sexual act to occur or for money to be exchanged; simply agreeing to engage in the act is enough to result in an arrest.
Solicitation
Soliciting prostitution occurs when someone asks another person in a public place, such as a street, hotel, school, or transportation facility, to engage in sexual conduct for a fee. This law applies only to buyers of sexual services, not the providers.
Promotion of Prostitution
Promotion of prostitution involves a person receiving part of the proceeds from prostitution, often in exchange for arranging sexual encounters or managing operations. This charge can be brought against people who are not themselves prostitutes or engaged in the act of prostitution, but are still involved in sexually oriented commercial activity. A person can face this charge if they knowingly accept payment as part of an agreement involving another individual’s participation in prostitution.
Compelling Prostitution
Compelling prostitution happens when someone forces or coerces another into prostitution, and charges are more serious if the victim is under 18. The law doesn’t require proof that the offender knew the child’s age. Simply causing or attempting to involve a minor in prostitution is enough for a severe charge.
Aggravated Promotion of Prostitution
Aggravated promotion of prostitution is an offense where an individual knowingly owns, invests in, or finances a prostitution enterprise. It also applies if the person controls, supervises, or manages an operation that involves two or more prostitutes. Similar to how aggravated sexual assault charges lead to higher charges compared to offenses without aggravating factors, aggravated promotion charges are also likely to lead to higher penalties compared to promotion without aggravating circumstances.
Human Trafficking
Human sex trafficking is considered the most serious prostitution-related offense under Texas law. It involves recruiting, transporting, or exploiting a person for forced prostitution or sexual activity. When the victim is a younger person under the age of 18, the law treats the crime with the harshest penalties.
The New Prostitution Law in Texas
In September 2021, Texas became the first state to make buying sex a felony, reinforcing that prostitution is illegal in Texas. The law raised the penalty for solicitation from a Class B misdemeanor to a state jail felony, with repeat offenses upgraded to a third-degree felony. Lawmakers also imposed harsher consequences on anyone attempting to recruit others into sex work.
Texas Prostitution Charges
In Texas, the law not only defines prostitution offenses but also clearly outlines the penalties offenders may face. Depending on the specific nature of the offense, the charges can range from misdemeanors to more serious felonies. Here are the different punishments for each prostitution offense:
Prostitution
- Class B Misdemeanor –This charge is for a first-time prostitution offense, punishable by up to 180 days in jail and a fine of up to $2,000.
- Class A Misdemeanor – If the offender has one or two prior convictions for prostitution, the offense is punishable by up to one year in jail and a fine of up to $4,000.
- State Jail Felony – If the offender has three or more convictions, it’s punishable by up to 180 days to 2 years in state jail and a fine of up to $10,000.
Solicitation
- State Jail Felony — This is for first-time offenders, and it’s punishable by 180 days to 2 years in state jail and a fine of up to $10,000.
- Third-Degree Felony — If the offender has one or more prior convictions, it is punishable by 2 to 10 years in prison and a fine of up to $10,000.
- Second-Degree Felony — If the solicitation involves a person under 18, regardless of the offender’s knowledge of age, it’s punishable by 2 to 20 years in prison and a maximum fine of $10,000.
Charges for this offense may also be elevated based on the location where the crime occured, such as on school grounds.
Promotion
- Third-Degree Felony — The lowest charge for promotion is a third-degree felony charge, punishable by a maximum 10-year prison term and or a $10,000 fine.
- Second-Degree Felony — This applies if the offender has previous convictions for the same offense. It carries a sentence of 2 to 20 years in prison and or a fine of up to $10,000.
- First Degree Felony – This charge may be brought if the offender promotes prostitution involving a child under the age of 18, whether or not the offender knew the child’s age. You may face up to 20 years in jail and a fine of up to $10,000.
Compelling Prostitution
- First-Degree Felony — Compelling prostitution carries a charge of a first-degree felony, punishable by a maximum fine of $10,000 and a prison term of five to 99 years or a life sentence.
Aggravated Promotion of Prostitution
- First-Degree Felony — This is punishable by up to 5 to 99 years or life in prison and a maximum $10,000 fine. The offender is usually punished if the prostitutes used were less than 18 years old.
Human Trafficking
- First-Degree Felony — This offense can result in a prison term of 5 to 99 years or life imprisonment.
Do You Need Legal Representation for a Prostitution Offense?
Being accused of violating prostitution laws in Texas is a serious legal matter. Whether you’ve been charged or are under investigation, the consequences can be life-changing. The Texas criminal justice system is incredibly complex, and trying to face it alone can put your future at risk. That’s why having an experienced prostitution defense attorney by your side is one of the most important steps you can take.
Here’s how they can help:
- A lawyer can review the details of the alleged offense and explain your legal options.
- Your legal team can challenge the prosecutor’s evidence and make sure your rights are protected in court.
- An attorney may negotiate to reduce charges or penalties where possible.
- Your lawyer can provide guidance on Texas prostitution laws so you understand what you’re facing.
- A lawyer can build a strong defense strategy to challenge the charges.
Get Legal Guidance for Prostitution Offenses in San Antonio
Facing charges under Texas prostitution laws can feel overwhelming. However, it’s important to remember that being accused of a criminal offense doesn’t automatically mean you’re guilty. To protect your rights and understand your legal options, it’s important that you have the right legal guidance.
At the Law Office of John G. Perez Jr., our San Antonio criminal law attorney can provide the guidance you need. John will review your case, explain your legal options, and provide legal representation throughout the process.