Prostitution

From the Law Office of Alison Grinter in Dallas, Texas

Contents 1 Degree 2 Statute(s) 3 Caselaw 4 Collateral Consequences 5 Notes

Degree

The first prostitution case is a Class B misdemeanor, after one conviction, it is a Class A Misdemeanor, after three convictions it becomes a State Jail Felony.

Statute(s)

§ 43.02. PROSTITUTION.

(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.

(c) An offense under this section is a Class B misdemeanor, unless the actor has previously been convicted one or two times of an offense under this section, in which event it is a Class A misdemeanor. If the actor has previously been convicted three or more times of an offense under this section, the offense is a state jail felony.

(d) It is a defense to prosecution under this section that the actor engaged in the conduct that constitutes the offense because the actor was the victim of conduct that constitutes an offense under Section 20A.02.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 757, ch. 286, Sec. 1, eff. May 27, 1977; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 987, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1002, Sec. 8, eff. September 1, 2009.

Caselaw

Collateral Consequences

Prostitution is a Crime of Moral Turpitude

Felony Conviction
Adoption and Foster Care

Notes

Some things to note about prostitution in Texas:

• Both Buyer and Seller are charged with the same offense - Prostitution
• This is one of the only crimes where the anticipatory designations of attempt, and solicitation do not apply. Persons who attempt or solicit prostitution are charged with prostitution, not attempted prostitution or solicitation of prostitution.

Discuss this offense with The Law Office of Alison Grinter