Is Soliciting a Prostitute a Felony in Texas?

If you’ve found yourself wondering, “is soliciting a prostitute a felony in Texas?” You may be surprised to hear that the answer is Yes. As of September 1st, 2021, all forms of prostitution, including soliciting a prostitute, are charged as state jail felonies regardless of whether they are a first offense. Texas is the first state in the United States of America to make solicitation of prostitution a felony.

If you’ve been arrested for prostitution or solicitation of prostitution in the Dallas–Fort Worth area, it is more important than ever that you hire an aggressive prostitution lawyer from Sellers Law Firm. Being charged with prostitution can now come with more serious punishments that can ruin your reputation, cost you tens of thousands of dollars, and even put you behind bars.

Is prostitution legal in Texas?

According to Texas Penal Code § 43.02 – 43.06, prostitution is defined as “knowingly offering to receive or solicit another in a public place to engage in sexual conduct for a fee.” This includes offering or agreeing to engage in sexual conduct for a fee whether or not you pay/receive the fee or are actually engaging in sexual conduct.

All forms of prostitution are illegal in Texas including:

Promoting prostitution (pimping or pandering): A third party who knowingly receives money or other forms of payment in exchange for soliciting another to engage in sexual conduct.
Online promotion of prostitution: Any person who owns, manages, or operates a computer service that intends to promote or facilitate prostitution.
Aggravated promotion of prostitution: Knowingly owning, investing in, financing, controlling, supervising, or managing a prostitution enterprise that uses two or more prostitutes.
Compelling prostitution: Anyone who knowingly causes a child younger than 18 years old to commit prostitution whether they knew the age at the time of the transaction or not.

Pursuant to H.B.2975, the Texas prostitution laws (Texas Penal Code § 43.021) reclassified solicitation of prostitution, making it a state jail felony rather than a Class A misdemeanor.

Examples of soliciting a prostitute

Many people assume they can only be arrested if money changes hands or if a sexual act actually occurs. That is not how Texas law works. Under Texas Penal Code §43.021, the crime is generally complete once a person knowingly offers or agrees to pay a fee in exchange for sexual conduct.

Because of this, law enforcement agencies throughout Texas frequently conduct prostitution sting operations in which undercover officers pose as sex workers online, in hotels, on social media platforms, or through classified advertisement websites. Once investigators believe an agreement has been reached, an arrest can occur before any sexual activity takes place.

Examples of conduct that may lead to a solicitation arrest include:

Messaging an undercover officer online and negotiating a price for sexual services
Agreeing to meet someone at a hotel after discussing payment for sex
Asking a person if they will perform a sexual act in exchange for money
Driving to a predetermined meeting location after agreeing to pay for sexual conduct
Bringing cash to a meeting after discussing a transaction
Sending electronic payment information or discussing payment methods
Responding to an advertisement and explicitly agreeing to exchange money for sex
Entering a hotel room after agreeing to pay for sexual conduct

However, merely being present at a location or communicating with another person does not automatically make someone guilty. Prosecutors still must prove beyond a reasonable doubt that there was a knowing offer or agreement involving a fee and sexual conduct. For example, a person may have:

Believed they were meeting someone for a lawful date
Engaged in fantasy or role-playing conversations without intending to follow through
Been misunderstood during text message exchanges
Never actually agreed to a specific exchange of money for sex

These facts can become critically important when building a defense.

It is also important to understand that many people arrested during prostitution stings panic and begin explaining themselves to officers. Unfortunately, statements made during or after an arrest are often used as evidence by prosecutors. Even if you believe you can “clear things up,” anything you say may later be introduced against you in court.

What should you do if you are arrested for solicitation?

If you are arrested, remember that you still have constitutional rights. You have the right to:

Remain silent
Refuse to answer investigative questions
Request an attorney
Decline to make written or recorded statements
Challenge the government’s evidence through your lawyer

Many people mistakenly believe that cooperating fully with investigators will automatically result in the case being dismissed. In reality, officers are gathering evidence, and admissions made after an arrest frequently become a major part of the prosecution’s case.

If you are taken into custody, remain polite and respectful, but clearly state that you wish to speak with an attorney before answering questions. Exercising your constitutional rights cannot legally be used as evidence of guilt.

Even if you have already spoken with police, all hope is not lost. An experienced defense attorney may still be able to challenge the circumstances of the arrest, the admissibility of statements, the evidence collected by investigators, or whether the prosecution can actually prove every element of the offense.

How can a prostitution lawyer help?

A solicitation arrest does not automatically result in a conviction. In many cases, there are significant legal and factual issues that must be examined before deciding how to proceed.

An experienced prostitution defense lawyer can conduct an independent investigation and evaluate whether the prosecution’s evidence is as strong as it appears. This may include reviewing:

Police reports
Body camera footage
Dash camera footage
Undercover officer communications
Text messages and online chats
Audio or video recordings
Search and seizure issues
Statements allegedly made by the accused

A defense attorney can also determine whether law enforcement officers followed proper procedures throughout the investigation and arrest.

In some situations, prosecutors may overstate the strength of their case. For example, they may claim that a defendant’s statements prove guilt, when the actual recordings reveal ambiguity, confusion, or statements taken out of context. A prostitution lawyer can also negotiate with prosecutors regarding:

Charge reductions
Diversion programs, where available
Alternative sentencing options
Dismissal opportunities
Plea negotiations designed to minimize long-term consequences

If negotiations do not produce an acceptable outcome, an experienced trial attorney can challenge the government’s evidence before a judge or jury.

Possible defenses for solicitation of prostitution

Lack of an actual agreement

The prosecution must prove that an agreement or offer involving a fee for sexual conduct occurred. Vague conversations, jokes, misunderstandings, or incomplete negotiations may not satisfy the legal requirements.

Insufficient evidence

Many solicitation cases rely heavily on conversations and officer testimony. If the evidence is incomplete, contradictory, or unreliable, the prosecution may have difficulty proving guilt beyond a reasonable doubt.

Entrapment

Texas law recognizes the defense of entrapment under certain circumstances. While undercover sting operations are generally legal, law enforcement cannot improperly induce an otherwise unwilling person to commit a crime they were not predisposed to commit.

Constitutional violations

If police violated your constitutional rights during the investigation, search, seizure, or interrogation process, certain evidence may be subject to suppression.

Lack of intent

A person who never intended to engage in prostitution may have a valid defense, particularly when communications are ambiguous or susceptible to multiple interpretations.

Mistaken identity

Online solicitation investigations sometimes involve phones, accounts, or devices that may be used by multiple individuals. Establishing who actually communicated with investigators can become a critical issue.

Duress

If someone was threatened or coerced into participating in conduct against their will, a duress defense may be available under certain circumstances.

Facing felony prostitution charges in Texas? Call Sellers Law Firm.

Is soliciting a prostitute a felony in Texas? Yes. Even a first-time offense can result in a state jail felony conviction carrying potential jail time, substantial fines, and a permanent criminal record.

If you have been arrested in a prostitution sting, do not assume that your case is hopeless simply because you exchanged messages, drove to a meeting location, or made statements to police. Every case involves unique facts, and prosecutors must still prove each element of the offense beyond a reasonable doubt.

Before discussing your case with anyone else, speak with an experienced criminal defense attorney who can evaluate the evidence, explain your rights, and begin building a defense strategy.

The defense attorneys at Sellers Law Firm aggressively represent clients throughout the Dallas-Fort Worth area who are facing solicitation and prostitution-related charges. Schedule a consultation online, or call us today at (817) 928-4222 to protect your future.

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