By Collin County Criminal Defense Lawyer Jeremy Rosenthal
Texas Penal Code 43.02 governs prostitution and it states,
(a) A person commits an offense if he knowingly:
(1) offers to engage, agrees to engage, or engages in sexual conduct for a fee; or
(2) solicits another in a public place to engage with him in sexual conduct for hire.
(b) An offense is established under Subsection (a)(1) whether the actor is to receive or pay a fee. An offense is established under Subsection (a)(2) whether the actor solicits a person to hire him or offers to hire the person solicited.
Prostitution is a class b misdemeanor unless the person has two or more previous convictions for prostitution in which case it is a class a misdemeanor. It is a state jail felony if the person has been convicted three or more times.
Obviously the offense is considered the same by law whether the ‘actor’ is the person purchasing or selling the sexual conduct. Despite prostitution being known as “the worlds oldest profession,” a prostitution charge is highly stigmatizing and should be taken extremely seriously. These prosecutions often come from sting operations which can often border on entrapment. An experienced attorney would be able to review every angle of the case and plan an aggressive defense.
*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice. Contacting the author through this forum does not constitute an attorney-client communication. Any communication through this forum is not considered privileged.