In September of 2021, Texas made some drastic and somewhat controversial changes to its prostitution laws in an effort to combat human trafficking. Texas law no longer classifies solicitation of prostitution as a Class B misdemeanor. Now, solicitation is classified as a state jail felony— making Texas the only state to classify solicitation as a felony.
In Texas, prostitution is a crime. The Texas Penal Code states that a person commits prostitution “if the person knowingly offers or agrees to receive a fee from another to engage in sexual conduct.” Soliciting, promoting, and compelling prostitution are also crimes under Texas law.
When a person solicits another person in a public space for sexual conduct, they can be charged with the crime of soliciting prostitution. It’s important to note that the person doesn’t have to actually follow through with the act for it to be a crime. Simply displaying behavior that shows the intent to commit the offense is enough for an officer to make an arrest.
Promoting prostitution, also known as pimping or pandering, is also a crime. The promotion of prostitution occurs when one person solicits another to engage in sexual contact with a third party. It can also occur when a person receives money or other proceeds from an agreement to participate in the proceeds from prostitution.
Compelling prostitution is a serious crime in which a person knowingly causes a child under the age of 18 to commit prostitution. A person can be charged with compelling prostitution regardless of whether or not they knew the age of the child.
Before the laws around prostitution were changed in 2021, prostitution charges were generally classified as follows:
The changes made in 2021 to the laws around prostitution have put much harsher penalties onto charges of solicitation and pimping. The most notable change is that while the penalties for prostitution remain the same, the penalties for solicitation have changed from a Class B misdemeanor to a state jail felony. Currently, prostitution charges are classified as follows:
Those who view the classification of prostitution charges may notice a general trend in the severity of charges when children are involved. Texas aims to protect children from being used or coerced into prostitution, so Texas law places much harsher consequences on charges of prostitution involving individuals under the age of 18.
For example, a first offense for solicitation would be classified as a state jail felony— unless the person being solicited was under 18. In that case, the solicitation charge is elevated to a second-degree felony. In addition, individuals charged with first-degree felonies, such as compelling prostitution, may receive more severe punishments, such as a sentence of life in jail.
The following is a list of the sentences and penalties that generally come with charges ranging from a Class B misdemeanor to a first-degree felony:
Texas lawmakers decided to change the prostitution laws in an effort to crack down on sex trafficking. The Office of the Attorney General of Texas reported that in 2020 alone, 1.6 million online commercial sex advertisements were posted in Texas, with over 220,000 of them believed to have involved children. The state aims to curb sex trafficking by imposing harsher penalties on those who solicit and promote the act of prostitution.
Attorney General Ken Paxton said, “Texas is the first in the country to punish sex buyers with felonies, which is a substantial step towards curbing the demand for commercial sex. Human trafficking is modern-day slavery – targeting vulnerable men, women and children in our communities. I commend our legislature for passing laws that fight this inexcusable offense.”
While the motivations behind the changes to the law are admirable, the harsher penalties make even a first offense for solicitation a felony, a charge that comes with some serious consequences. When dealing with consequences like jail time and thousands of dollars in fines, you’re going to want an attorney with knowledge, experience, and confidence.
An attorney can help you defend yourself against solicitation charges by helping you prove the following:
If you’re facing prostitution charges, it’s in your best interest to hire an attorney to defend you. The justice system is a powerful system; when it’s against you, you’re going to want someone on your side with the right legal knowledge and experience to ensure justice is served. The right criminal defense lawyer will make sure your voice is heard and walk with you every step of the way.
At The Carlson Law Firm, we understand that being arrested or charged with a criminal offense is often a scary, stressful situation that can have long-term effects on your life. We’re here to listen to you and advocate for you. Our caring and compassionate criminal defense lawyers have the knowledge and experience to help you get the best resolution possible. We care. We can help.
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