Prostitution

The Law

A person commits an offense if the person knowingly offers or agrees to receive a fee from another to engage in sexual conduct.

Punishment

An offense is a Class B misdemeanor, except that the offense is:

• A Class A misdemeanor if the actor has previously been convicted one or two times of an offense; or
• A State Jail Felony if the actor has previously been convicted three or more times of an offense.

This can mean a jail sentence of not more than two years or less than 180 days with a fine not to exceed $10,000.00.

If the victim is a minor, the offense is a first-degree felony, carrying a prison sentence of 5 to 99 years or life, along with a maximum $10,000.00 fine.

Defense

There are a variety of defenses you can use to fight Prostitution charges:

• Lack of intent;
• Entrapment; or
• Mistaken identity.

The exact language of this law, further details, and additional punishment concerns can be found in Section 43.05 of the Texas Penal Code. None of this information can take place of the information, knowledge, and expertise provided by a licensed attorney.