Prostitution – a serious crime in Texas –  involves exchanging sexual acts for money or something of value. There are several prostitution crimes on the books in Texas and some of them carry more severe sentences than others.

Facing charges of this nature can be daunting, but you don’t have to face them alone. The team of Austin prostitution defense attorneys  at Cofer & Connelly, PLLC can fully explain everything you need to know about these charges, including penalties, potential defenses, and how our team can help fight these charges.

Contact our firm today at (512) 991-0576 to schedule a consultation with our experienced defense team.

Types of Prostitution Charges in Texas

Prostitution – Texas Penal Code Section 43.02

According to Texas Penal Code Section 43.02, prostitution is when you knowingly offer or agree to take money or something of value from someone else in exchange for engaging in sexual acts, such as intercourse or oral sex. Typically, this offense is treated as a Class B misdemeanor. The consequences for a Class B misdemeanor can include spending up to 180 days in jail, a fine of up to $2,000, or both. However, if you've been found guilty of this offense once or twice before, the offense is upgraded to a Class A misdemeanor that is punishable by up to one year in jail and a fine of up to $4,000, or both.

If you have three or more previous convictions for prostitution, the charge escalates to a state jail felony. In this case, you might face confinement in a state jail for a period ranging from 180 days to two years. Additionally, there can be a fine of up to $10,000.

Solicitation of Prostitution – Texas Penal Code Section 43.021

Under Texas Penal Code Section 43.021, it is illegal to knowingly offer or agree to pay a fee to another person for the purpose of engaging in sexual conduct with them or another individual. This offense is classified as a state jail felony, carrying a potential punishment of confinement in a state jail for 180 days to two years. Additionally, there may be up to a $10,000 fine.

However, the severity of the punishment can increase under certain circumstances. If you have a previous conviction, the offense is elevated to a third-degree felony. For a third-degree felony, the punishment can be imprisonment for 2-10 years and a $10,000 fine. If the person you offer to pay for sexual conduct is younger than 18, or believed by you to be younger than 18, regardless of whether you knew their age at the time, the offense becomes a second-degree felony that is punishable by 2-20 years in prison and a fine of up to $10,000. Additionally, if you commit this offense near schools or places where school functions are happening, the punishment is enhanced.

Promotion of Prostitution – Texas Penal Code Section 43.03

According to Texas Penal Code Section 43.03, it is unlawful if you, not being a prostitute receiving money for your own prostitution services, knowingly receive money or other property from an agreement to participate in the proceeds of prostitution, or you solicit someone to engage in sexual conduct with another person for compensation. This offense is initially classified as a third-degree felony that is punishable by 2-10 years in prison and up to a $10,000 fine. However, if you have been previously convicted of this offense, it becomes a second-degree felony, which can result in imprisonment for 2-20 years and a fine of up to $10,000.

Additionally, if your conduct involves a person younger than 18 years old, regardless of whether you knew their age at the time, the offense is elevated to a first-degree felony. For a first-degree felony, the punishment includes imprisonment for 5-99 years, and there may also be a fine of up to $10,000.

Online Promotion of Prostitution – Texas Penal Code Section 43.031

Under Texas Penal Code Section 43.031, online promotion of prostitution occurs when you own, manage, or operate a computer service or content provider, or operate as a content provider, with the intent to promote the prostitution of another person or facilitate another person to engage in prostitution or solicitation of prostitution. If convicted of this offense, it is considered a felony of the third degree that is punishable by 2-10 years in prison and a $10,000 fine. However, if you have previously been convicted of this offense or if the offense involves a person younger than 18 years of age, regardless of whether you knew their age at the time of the offense, it becomes a felony of the second degree that is punishable by 2-20 years of imprisonment and a fine of up to $10,000.

Aggravated Promotion of Prostitution – Texas Penal Code Section 43.04

Under Texas Penal Code Section 43.04, you are committing a crime by knowingly controlling, owning,  investing in, supervising, financing, managing, or overseeing a prostitution enterprise that uses two or more prostitutes. This offense is classified as a first-degree felony that is punishable by five years to life in prison and a fine of up to $10,000. It’s important to understand that this charge is more serious than the basic promotion of prostitution because it involves the management of a prostitution business with multiple individuals, showing a higher level of involvement in the illegal activity.

Aggravated Online Promotion of Prostitution – Texas Penal Code Section 43.041

Under Texas Penal Code Section 43.041, aggravated online promotion of prostitution happens when you own, manage, or operate an interactive computer service or information content provider, or act as an information content provider, with the intent to promote the prostitution of five or more people or help five or more people to engage in prostitution or solicitation of prostitution. This offense is a second-degree felony that is punishable by 2-20 years in prison and a fine of up to $10,000. However, if you have a prior conviction of this offense, or if the offense involves two or more people younger than 18 years engaging in prostitution, regardless of your awareness of their age, it escalates to a first-degree felony that is punishable by 5 years to life in prison and a fine of up to $10,000.

Compelling Prostitution – Texas Penal Code Section 43.05

Under Texas Penal Code Section 43.05, compelling prostitution occurs when you knowingly force, threaten, coerce, or use fraud to make another person engage in prostitution. This also includes causing a child under 18 years of age or a disabled individual to commit prostitution, regardless of whether you knew their age or disability status at the time. This crime is classified as a felony of the first degree. Being convicted carries a sentence of 5 years to life in prison and a fine of up to $10,000.

Prostitution Terminology

Under Texas prostitution laws, certain terms are important to consider:

• Prostitution: Knowingly offering or agreeing to take money or something of value from someone else in exchange for engaging in sexual acts.
• Sexual contact: Touching someone's anus, breast, or genitals with the aim of causing sexual excitement.
• Sexual conduct: This includes various forms of sexual activity such as sexual contact, deviate sexual intercourse, and sexual intercourse.
• Sexual intercourse: This is specifically the act of a male's sex organ entering a sex organ of a female.
• Deviate sexual intercourse: This term refers to sexual contact that involves the genitals of one individual and the anus or mouth of another individual.
• Fee: In the context of prostitution, a fee means paying or offering to pay with money, goods, services, or any other kind of benefit.

Potential Alternatives to Incarceration

If you're convicted of prostitution in Texas, there are options other than going to jail. For Class B misdemeanor prostitution, or state jail felony prostitution, the judge might not give you a jail sentence right away. Instead, you could be placed on community supervision (probation). One key requirement is joining a program for people who have been involved in commercial sexual exploitation. Also, the judge can choose to reduce or even remove any program fees or fines that are part of your sentence. But remember, if a jury decides your punishment and they don't recommend community supervision, the judge must follow that decision. Typically, Texas does not allow for community supervision for aggravated promotion of prostitution or compelling prostitution offenses.

Collateral Consequences of a Prostitution Conviction

Being convicted for prostitution can affect your life in ways beyond the legal penalties, mainly due to your criminal record. It can harm your reputation, making it hard to find a job or a place to live. In some cases, it could damage your relationships with family and friends. Remember, these impacts are not part of your legal punishment, but they are real-life challenges you might face well after a conviction.

Criminal Process for Individuals Facing Prostitution Charges

If you're investigated or charged with prostitution in Texas, here's what you can expect. First, if the police think you're involved in prostitution, they'll start looking into your activities. This investigation is done to gather evidence. If they find enough evidence, you'll be charged with prostitution, which means the police believe they can prove you were involved in sexual activities for money or something else of value.

Once charged, you'll go through the legal system. This usually starts with an arrest. After being arrested, you'll likely have to appear in court. Here, you'll hear the charges against you and get a chance to respond. You can say you're guilty, not guilty, or no contest. It's important to have a lawyer to help you with this because the laws and court process can be hard to understand.

If you plead not guilty, your case will go to trial. At the trial, the prosecutor will try to prove that you're guilty of prostitution, potentially using witnesses who were accomplices to any offense. You or your criminal defense lawyer will get a chance to defend you against these charges. The judge or a jury will then decide if you're guilty or not.

Remember, throughout this process, you have rights, including the right to remain silent and the right to have a lawyer. These rights are there to protect you, so it's important to know and use them.

Potential Defenses in Prostitution Cases

If you're facing charges related to prostitution in Texas, it's important to know there are several defenses that might be used in your case. These defenses depend on the specific facts and circumstances of your situation.

First of all, the prosecution must prove you committed the crime beyond a reasonable doubt. If there's not enough evidence, or if the evidence is weak, this can be a strong defense. In fact, without sufficient evidence, your charges could be reduced or even dismissed before trial. For example, in a case of solicitation of prostitution, if there's no clear proof that you agreed to pay for sexual conduct, this lack of evidence can be used in your defense.

Another defense is entrapment. This happens when a law enforcement officer or agent encourages you to commit a crime that you would not have otherwise committed. If you can show that you were persuaded or lured into committing the act of prostitution by the police (e.g., an undercover police officer posing as a prostitute), then you might have a valid entrapment defense. However, this defense won't work if you were already willing to commit the crime before the officer’s involvement.

Mistake of fact is another possible defense. This applies if you genuinely believed something that, if true, would mean you weren't committing a crime. For instance, if you genuinely thought the person you were talking to was not a prostitute, or if you didn't understand the nature of the transaction, this might be a defense. 

If you're accused of a prostitution crime that involves online activity, such as online promotion of prostitution, you might argue that you were simply exercising your freedom of speech. However, this defense is complicated because the line between free speech and criminal conduct can be thin in these cases.

Finally, if you were mistakenly identified or falsely accused, these can be powerful defenses. Mistaken identity can happen, especially if the only evidence is an eyewitness who might not have seen things clearly. False accusations can occur in heated personal disputes or misunderstandings.

Role of a Criminal Defense Lawyer in Austin

When you're charged with prostitution, a criminal defense lawyer plays a vital role in helping you through the legal process. They provide guidance, represent you in court, and work to protect your rights.

Your lawyer's first job is to understand your case. They'll listen to your story, gather evidence, and look at the charges against you. They'll explain the legal process and what you can expect at each step. They're your main source of information and advice.

A key part of their role is to examine the evidence against you and find weaknesses in the prosecution's case. They might find that there's not enough evidence to support the charges, or they might discover mistakes made by the police during your arrest. They'll use this information to build a strong defense for you.

Negotiating with the prosecution is another important role of your lawyer. They might work out a deal where the charges against you are reduced, or they might get you a lighter sentence. These negotiations require skill and experience, as they involve understanding the law and knowing how to work with prosecutors and judges.

If your case goes to trial, your lawyer will represent you in court. They'll speak for you, question witnesses, and argue on your behalf. Their goal is to persuade the judge or jury that you should not be found guilty.

Your lawyer will also help you understand your options and make informed decisions. Whether it's deciding whether to take a plea deal or go to trial, they'll explain the risks and benefits of each choice. This way, you can make the best decision for your situation.

Remember, a criminal defense lawyer is there to support and defend you. Their job is to ensure your rights are protected throughout the legal process and to help you achieve the best possible outcome for your case.

Contact Our Austin Prostitution Attorneys

If you're facing prostitution charges in Austin, you’ll want an experienced team of lawyers in your corner. At Cofer & Connelly, PLLC, we have over 100 years of combined experience as former prosecutors, judges, and defense attorneys. Our firm understands the challenges you're facing and are ready to defend your rights. You don't have to face this alone. Reach out to Cofer & Connelly, PLLC by calling (512) 991-0576 or contacting us online for a consultation with a prostitution attorney. We're here to offer support and guide you through your options, ensuring you understand every step of the legal process.