Texas Prostitution and Solicitation Defense Lawyers

Texas Prostitution and Solicitation Laws

Prostitution — §43.02

A person commits prostitution by knowingly offering or agreeing to receive a fee from another to engage in sexual conduct, or by soliciting another person in a public place to engage in sexual conduct with the person for hire. For the person providing sexual services:

• Class B misdemeanor for a first offense (up to 180 days, $2,000 fine)
• Class A misdemeanor for a second offense (up to 1 year, $4,000 fine)
• State jail felony for a third or subsequent offense (180 days to 2 years)

Solicitation of Prostitution — §43.021

For the person buying or offering to buy sexual services:

• State jail felony for a first offense (180 days to 2 years in state jail)
• Third-degree felony for a second offense (2 to 10 years)
• Second-degree felony if the person solicited is represented to be, or the buyer believes to be, under 18 years of age (2 to 20 years)
• First-degree felony if the person solicited is younger than 14, or the buyer believes the person is younger than 14 (5 to 99 years or life)

This penalty structure means that a first-time buyer faces a felony charge which is a dramatic departure from the historical treatment of solicitation as a misdemeanor.

Promotion and Compelling Prostitution

Promotion of prostitution (§43.03) — commonly called “pimping” — is a state jail felony. Compelling prostitution (§43.05) — forcing or coercing someone into prostitution — is a first-degree felony (5 to 99 years or life) if the victim is under 18, and a second-degree felony if the victim is 18 or older.

How Prostitution Cases Are Built

Most prostitution and solicitation cases in Texas originate from one of several types of law enforcement operations:

• Online sting operations. Undercover officers post advertisements or respond to advertisements on websites and apps, posing as sex workers. When a potential buyer responds and agrees to pay for sexual services, the arrest is made at the arranged meeting location.
• Massage parlor investigations. Law enforcement targets massage businesses suspected of offering sexual services. Undercover officers visit the establishments, and arrests follow.
• Street-level operations. Undercover officers pose as sex workers in areas known for street-level prostitution and arrest individuals who offer to pay for sexual services.
• Digital evidence operations. Law enforcement monitors online platforms, chat rooms, and messaging apps for solicitation activity.

Collateral Consequences

A prostitution or solicitation conviction can have consequences beyond the criminal penalties:

• A felony conviction appears on every background check and affects employment, housing, and professional licensing
• Family law implications in custody and divorce proceedings
• Immigration consequences for non-citizens, including potential deportation and inadmissibility
• Damage to personal reputation through public court records

Doug fights to achieve outcomes that minimize these collateral consequences — including dismissal, reduction to a lesser offense, or pretrial diversion where available.