Few arrests can be as embarrassing as criminal charges for a prostitution crime, and the embarrassment can seem to last long after an initial arrest so a person will have to walk with a dark cloud over their heads for several months. Such offenses often create marital problems for alleged offenders and individuals can also have their arrests publicized through media reports.
Because prostitution is illegal, most conversations concerning it are conducted in settings people believe are private. Law enforcement agencies frequently engage in sting operations throughout Collin County to try and uncover prostitution offenses.
Prostitution or Solicitation Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX
Were you or your loved one arrested for prostitution or solicitation in the Collin County area? You are going to want to be sure that you have an attorney before you go to court.
The Law Offices of Richard C. McConathy can fight to possibly get your criminal charges reduced or dismissed. Call (469) 304-3422 or contact us online.
Prostitution / Solicitation Charges in Texas
Texas has four different prostitution offenses under Chapter 34 of the Texas Penal Code, dedicated to public indecency crimes. Texas Penal Code § 43.02(a) establishes that a person commits the offense of prostitution if they knowingly offer or agree to receive a fee from another person to engage in sexual conduct, and Texas Penal Code § 43.02(b) provides that a person also commits the offense of prostitution if they knowingly offer or agree to pay a fee to another person person for the purpose of engaging in sexual conduct with that person or another.
A violation of Texas Penal Code § 43.02(a) is a Class B misdemeanor, but the offense becomes a Class A misdemeanor if the alleged offender has previously been convicted one or two times of prostitution. Prostitution is a state jail felony if the alleged offender has previously been convicted three or more times of prostitution.
A violation of Texas Penal Code § 43.02(b) is a Class B misdemeanor, but the offense becomes a Class A misdemeanor if the alleged offender has previously been convicted one or two times of prostitution. Prostitution is a state jail felony if the alleged offender has previously been convicted three or more times of prostitution, and a second-degree felony if the person with whom the alleged offender agrees to engage in sexual conduct is younger than 18 years of age, regardless of whether the alleged offender knows the age of the person at the time of the offense, represented to the alleged offender as being younger than 18 years of age, or believed by the alleged offender to be younger than 18 years of age.
Under Texas Penal Code § 43.03(a), a person commits the crime of promotion of prostitution if they, acting other than as a prostitute receiving compensation for personally rendered prostitution services, knowingly:
- receive money or other property pursuant to an agreement to participate in the proceeds of prostitution; or
- solicit another to engage in sexual conduct with another person for compensation.
Promotion of prostitution is a state jail felony but is a third-degree felony if the alleged offender has been previously convicted of promotion of prostitution. The crime is a second-degree felony if the alleged offender engages in prohibited conduct involving a person younger than 18 years of age engaging in prostitution, regardless of whether the alleged offender knows the age of the person at the time of the offense.
Texas Penal Code § 43.04 establishes the crime of aggravated promotion of prostitution, which a person commits if they knowingly own, invest in, finance, control, supervise, or manage a prostitution enterprise that uses two or more prostitutes. This offense is a second-degree felony but becomes a first-degree felony if the prostitution enterprise uses as a prostitute one or more persons younger than 18 years of age, regardless of whether the alleged offender knows the age of the person at the time of the offense.
Under Texas Penal Code § 43.05, a person commits the crime of compelling prostitution if they knowingly cause another person by force, threat, or fraud to commit prostitution, or caused by any means a child younger than 18 years to commit prostitution, regardless of whether the alleged offender knows the age of the child at the time of the offense. When an alleged offender causes another person by force, threat, or fraud to commit prostitution, it is a second-degree felony, but causing by any means a child younger than 18 years to commit prostitution is a first-degree felony.
Prostitution or Solicitation Penalties in Texas
Punishments for prostitution convictions depend on the classification of the offense. In general, statutory maximums are as follows:
Class B Misdemeanor — Up to 180 days in jail and/or fine of up to $2,000.
Class A Misdemeanor — Up to one year in jail and/or fine of up to $4,000.
State Jail Felony — Up to two years in state jail and/or fine of up to $10,000.
Third-Degree Felony — Up to 10 years in prison and/or fine of up to $10,000.
Second-Degree Felony — Up to 20 years in prison and/or fine of up to $10,000.
First-Degree Felony — Up to 99 years to life in prison and/or fine of up to $10,000.
Prostitution convictions can also result in people being required to register as sex offenders.
Prostitution / Solicitation Defenses in Collin County
Texas Penal Code § 43.02(d) provides that it is a defense to prosecution for prostitution that the alleged offender engaged in the conduct that constitutes the offense because the alleged offender was the victim of conduct that constitutes an offense under Texas Penal Code § 20A.02 or Texas Penal Code § 43.05. Texas Penal Code § 20A.02 relates to the trafficking of persons and Texas Penal Code § 43.05 relates to compelling prostitution.
Other common defenses to prostitution charges can include lack of criminal intent, which is commonly claimed when alleged offenders believe that they were wrongly accused of prostitution after simply engaging in conversations about intimate matters. Some prostitution arrests may have been the result of entrapment.
The criminal process in Texas can be incredibly complicated, with wild turns possible at many points that can swing what seems like a certain guilty verdict to a sudden dismissal of charges. People need to be patient when working with their criminal defense attorneys, who may be doing the best they can but could take some time to produce tangible results.
Collin County Prostitution or Solicitation Resources
Texas Inmates Charged with Aggravated Promotion of Prostitution — On this section of the Texas Tribune website, you can find statistics for Texas prison inmates charged with aggravated promotion of prostitution. Learn more about sentence length, prison sentence distribution, inmates by sex, and inmates by race. Statistics are based on National Crime Information Center (NCIC) data submitted by Texas Department of Criminal Justice staff.
The History of Prostitution in Texas — View a Texas State Historical Association article about the history of prostitution in Texas. The article discusses newspaper articles from throughout the state on houses of ill fame including Houston, Galveston, and Corpus Christi prior to the Civil War. It also discusses attempts to outlaw prostitution throughout state history.
Human Trafficking | Office of the Attorney General — View this section of the attorney general’s website dedicated to human trafficking. Learn more about the facts of human trafficking and what you can do to make a difference. There are also statistics.
Sex Trafficking – The SAFE Alliance — The SAFE Alliance is a merger of Austin Children’s Shelter and SafePlace, both long-standing and respected human service agencies in Austin serving the survivors of child abuse, sexual assault and exploitation, and domestic violence. Use this website to learn more about sex trafficking. There is also information about the services SAFE provides.
Human Trafficking Prevention Task Force Training Curriculum — Over the course of completing their normal duties, several types of professionals are likely to encounter potential human
trafficking victims. This training is designed to empower individuals to recognize risk factors and indicators related to human trafficking and identify potential human trafficking victims and report
as legally required. It also provides a foundation to share knowledge with colleagues, parents, and community members as well as engage in local prevention efforts.
Find A Collin County Attorney to Fight Prostitution or Solicitation Charges | Law Offices of Richard C. McConathy
If you or your loved one has been arrested for a prostitution crime in Plano or a nearby community, do not assume that you are going to have to plead guilty. The Law Offices of Richard C. McConathy can work to help you achieve a far more favorable outcome.
We understand how difficult these types of charges can be to talk about, but we will be extremely sympathetic to your situation and do what we can to help. Our firm can discuss your rights as soon as you call (469) 304-3422 or contact us online to take advantage of a free consultation.