Is Solicitation of Prostitution a Felony in Houston, TX?

As of September 1, 2021, the laws surrounding solicitation of prostitution have changed in Texas. It is a felony, just like prostitution is.

Both prostitution and solicitation of prostitution are covered under TX Penal Code 43.02-43.03. A party is guilty of these crimes if one “knowingly offers to receive or solicit another in a public place to engage in sexual conduct for a fee.”

Types of Charges under TX Penal Code 43.02-43.03

The types of prostitution charges are:

• Solicitation of prostitution
• Pimping, that is, promoting prostitution or brokering a prostitution transaction as a third party
• Online promotion of prostitution
• Aggravated prostitution, which is knowingly investing in, financing, controlling, or managing a prostitution enterprise employing two or more prostitutes.
• Compelling a prostitute, which is causing a child under 18 to commit prostitution whether they knew the age of the person in question or not.

A first offense of solicitation of prostitution is a felony carrying 6 months to 2 years in jail and a fine of up to $10,000.

Events That Matter Less Than You Think

In these cases it does not actually matter if you actually pay the fee or actually have the sex. It is enough for you to get caught demonstrating intent to commit the offense. This is, in some ways, how police are successful in enacting Vice stings against prostitution rings.

If you are picked up for solicitation of prostitution it is very important that you don’t protest by saying you hadn’t paid for it yet or that no sex took place. This won’t help and may even offer the prosecution more ammunition against you.

Defenses for Solicitation of Prostitution

There are several defenses that we can launch on your behalf.

• Intoxication — You were too intoxicated to truly knowingly solicit prostitution, to understand what was being asked or offered.
• Entrapment — Police may create a sting in some cases but if they cross the line into entrapment the case is invalid.
• Lack of Evidence — As with any criminal charge, a lack of evidence could lead to your charges being dropped or dismissed.
• Legal Impossibility — Demonstrating that it was impossible for the facts of the case as presented to be true.
• Duress — Showing that you only accepted the offer or made the offer under some kind of duress.
• No fee — Showing that you neither paid a fee nor demonstrated any behavior that demonstrated intent to pay your fee.
• Lack of intent — Showing that you did not intend to solicit a prostitute.

Choosing the right defense will require us to take a long and thorough look at your case.

Get Help Today

A solicitation of prostitution case is extremely serious. You’ll need an experienced criminal defense attorney to help you.

Contact us to get help today.

See also:

What is the Statute of Limitations for Crimes in Texas?

Is Ignorance of the Law a Valid Excuse in a Houston, TX Criminal Case

How Does Bail Work in Houston, TX?