Is Prostitution a Felony in Texas?

A young woman in hand cuffs

If you’ve been charged with prostitution in San Antonio, your first concern is likely the potential penalties you might face. Under Texas prostitution laws, the outcome of prostitution offenses can vary based on the specifics of the case, including prior convictions and any aggravating factors. 

If you’re facing prostitution charges in Texas, keep reading to learn more about the charges and penalties under Texas law.

Key Takeaways

  • Prositution is a felony for those with four or more convictions, and for first time offenders charged with solicitation of prostitution.
  • Promotion of prostitution, compelling prostitution, aggravated promotion, human trafficking, and aggravated sexual assault will all typically also bring felony charges.
  • For misdemeanors, you may face up to six months of jail time, while felonies can bring hefty fines and up to life imprisonment.
  • If you’re facing a prostitution penalty in Texas, you need help from a capable San Antonio prostitution attorney.

When Is Prostitution a Felony Under the Texas Penal Code?

Prostitution happens when a person knowingly offers sexual conduct for money or solicits such services. You may face charges whether or not actual sexual conduct took place, so long as there was an explicit or implied exchange for sexual contact.

This offense is only considered a felony under Texas law in certain circumstances, with the role the offender played being a key factor. Specifically, prostitution charges may land you with a felony conviction if you’ve already been convicted of similar charges four times before, if you were the one engaging in sexual conduct for pay. Under recent prostitution law changes, you may also face a felony charge for a first-time solicitation offense.

In addition to fifth-time criminal offenses for prostition and first-time solicitation offenses, you may also face a felony chage for related crimes, as explained below.

  • Felony Promotion of Prostition – Promotion of prostitution, also known as pimping, is typically charged as a third degree felony. 
  • Felony Compelling Prostitution – When a person forces someone else to engage in prostitution, that will typically bring a first-degree felony charge.
  • Felony Aggravated Promotion – Being convicted of running pimping operations involving multiple prostitutes may bring a first-degree felony.
  • Felony Human Trafficking – Recruiting and exploiting someone for sex work will usually carry a first-degree felony charge.
  • Aggravated Sexual Assault Involving Prostitution – Coercing or forcing someone to engage in sexual activity for money while using a deadly weapon or serious violence is a first-degree felony.

If a person commits the crimes laid out above within close proximity of a school or during a school function, then the charges may be enhanced. If you’ve been charged with engaging in sexually oriented commercial activity of any kind, it’s essential to get assistance from a capable TX criminal defense attorney.

What Are the Charges for Prostitution in Texas?

The severity of prostitution charges in Texas depends on whether you have a prior conviction and the presence of any aggravating factors, such as the involvement of an individual under 18 years of age. Keep in mind that different cases may result in different charges for the same type of offense. The charges you’re likely to face for prostitution include:

  • Class B Misdemeanor – First offense for prostitution
  • Class A Misdemeanor – Second or third offense for prostitution
  • State Jail Felony – Fourth offense for prostitution, first offense for soliciting  prostitution
  • Third-Degree Felony – Promotion of prostition, second offense for solicitation
  • Second-Degree Felony – Second offense for promotion, solicitation of a minor
  • First-Degree Felony – Promotion involving a minor, continuous promotion, aggravated promotion, aggravated sexual assault

While aggravated promotion is typically a third-degree felony punishable by up to ten years in prison, there are cases in which charges may reach as high as a first-degree felony. Solicitation, too, is usually charged as a state jail felony punishable by up to two years in jail, but aggravating factors can also increase those charges. To learn what penalties you can expect to receive, you should contact a criminal defense attorney.

What Are the Penalties for Prostitution Charges in Texas?

First-time offenders usually face fines and limited jail time. However, repeat offenders can face even harsher punishments. Below we’ve summarized some of the penalties for criminal charges that an offender may receive:

  • Class C Misdemeanor – A fine of up to $500, no jail time
  • Class B Misdemeanor – Up to six months in jail and a fine of up to $2,000
  • Class A Misdemeanor – Up to one year in jail and a fine of up to $4,000
  • State Jail Felony – Up to two years in state jail and a fine of up to $10,000
  • Third-Degree Felony – Up to ten years in prison and a fine of up to $10,000
  • First-Degree Felony – Up to life imprisonment, while fines vary depending on the case

Reducing your prostitution charges in Texas often requires the help of an experienced prostitution defense lawyer. A lawyer can evaluate your case, challenge the evidence levied against you, and work to have the charges reduced or dismissed. They can also negotiate plea deals, which might allow you to plead to a lesser charge or engage in diversion programs to avoid jail time. The Law Office of John G. Perez can help you navigate your legal options and fight for a favorable outcome.

What to Do if You’ve Been Charged with Prostitution in Texas

The potential penalty for prostitution in Texas is serious, and it’s important you take the right steps to protect your rights and improve your situation if you’re facing Texas prostitution charges. If you’ve been charged with a prostitution offense, follow these steps to manage your case:

  • Get a Lawyer – Contact an experienced attorney like John so that you can make informed decisions and have experienced hands guide you through the legal process.
  • Know Your Rights – You have the right to remain silent and the right to legal representation. Your lawyer will help explain these rights and ensure you’re not taken advantage of.
  • Avoid Speaking to Law Enforcement without an Attorney – Do not make any statements to the police without your lawyer present.
  • Prepare Your Defense – Work with your attorney to gather evidence and build a strong defense.
  • Lean on Support – Reach out to friends and family for emotional support during this challenging time.

Get Strong Legal Defense for Prostitution Charges in Texas

From first-time offenses to more serious prostitution charges, no matter what you’re facing, seeking help from an experienced defense attorney is important to safeguard your future. Your decisions now can impact your freedom and reputation; that’s why you need support from an experienced criminal attorney.

If you’ve been charged with attempting to solicit or commit prostitution, you can rely on The Law Office of John G. Perez Jr. to advocate for you and fight for your interests. John will thoroughly investigate your case, represent you in court, and fight for a fair trial. Let John take on the legal battle for you.

If you’ve been charged with prostitution in Texas, get help from a San Antonio criminal defense attorney like John.

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Law Office of John G. Perez Jr.