Texas takes a firm stance on prostitution-related crimes, and solicitation of prostitution is no exception. In fact, the stakes have never been higher for those accused of solicitation: the state has cracked down on prostitution in recent years, turning what used to be misdemeanor crimes into felonies.
But what is solicitation of prostitution? Solicitation is the act of agreeing or offering to pay for sex acts in exchange for pay. While it sounds simple, the rules on solicitation in Texas are anything but.
Today, the Houston prostitution lawyers at Thiessen Law Firm are here to unpack everything you need to know about soliciting prostitution in Texas, from what penalties to expect to defenses that could save your future.
Continue reading about solicitation in Texas, or call Thiessen Law Firm at (713) 864-9000 today to start defending your future.
What is the charge of solicitation of prostitution in Texas?
Solicitation of prostitution in Texas refers to the act of seeking to exchange money or something of value for sexual services. Solicitation of prostitution Texas Penal Code is located in Texas Penal Code § 43.02 says the following:
- A person commits an offense if the person knowingly offers or agrees to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another.
In order to be convicted of solicitation, the person making or agreeing to the offer must do so knowingly. Another matter on which the law is clear is that the sexual exchange does not need to be completed in order to be charged (or successfully prosecuted). The offer or agreement and the intent to engage in the act is enough to convict a defendant of solicitation.
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What are acts of solicitation?
Similar to how the act of solicitation does not require a sex act to take place, it can also occur under a number of circumstances that don’t necessarily need to involve physical interaction. Some common examples of solicitation of prostitution include:
- Verbal offers. A verbal offer of money or something of value in exchange for sexual services can constitute solicitation, either in person or over the phone.
- Online arrangements. Using online platforms, websites, or social media to seek out or arrange sexual services can constitute solicitation, even if a sex act never occurs.
- Third-party solicitation. Using an intermediary to arrange a meet up or provide instructions on your behalf can constitute solicitation.
- Messages. Responding to or initiating text messages or chat conversations about exchanging currency for sex acts can constitute solicitation, even if no act occurs.
The factor which unites all of these scenarios is the intent to engage in the transaction.
Continue reading about the Texas prostitution laws
Is soliciting a prostitute a felony in Texas?
As of September 2021, a solicitation of prostitution charge is always a felony in Texas, even for first-time offenders. Before this legislative crackdown occurred, solicitation was a misdemeanor offense for first timers with no aggravating circumstances or sex-crime-related priors.
Why did Texas make prostitution a felony? It may seem a little harsh, or even misguided, to go after the Johns instead of going after those promoting and proliferating prostitution — it is, obviously, a half-measure. The bottom line is that making solicitation of prostitution a felony in Texas is all about combating sex trafficking by reducing the demand for commercial sex.
What is the solicitation of prostitution Texas penalty?
Now that all solicitation charges are felonies in Texas, the stakes are always high. That being said, there are still ways in which the penalties for your solicitation charge can become even more severe.
Take a look at the punishment ranges for solicitation charges in Texas:
| Offense | Charge | Maximum Fine | Jail time |
| Solicitation | State jail felony | $10,000 | 180 days – 2 years |
| Solicitation with priors | Third-degree felony | $10,000 | 2 – 10 years |
| Solicitation of someone under 18 years of age | Second-degree felony | $10,000 | 2 – 20 years |
As with any felony charge, the criminal penalties listed above do not do justice to the real damage a conviction can have on your life. Living life as a convicted felon means the dissolving of career opportunities, families, and ultimately, entire futures.
The good news is that a charge is not a conviction, and if you want to protect your future, you can still hire a skilled attorney to defend your life and help you beat the charge.
Continue reading: What does a background check show?
How to beat a solicitation charge in Texas
Beating a charge for solicitation is hard but not impossible. With a good prostitution lawyer in your corner, you may be able to defend yourself based on one of the following precedents:
- Lack of knowledge or intent. This can either mean that you were unaware that the other party was a prostitute or that you agreed to a sexual act but did not agree to pay for it. Either way, your intent and knowledge need to be proved in order to convict you of solicitation.
- Entrapment or duress. If you agree to do something that you would not have done without the actions of law enforcement, it may be entrapment, and if you do so under fear of your life, it may be duress.
- Insufficient evidence. At the end of the day, the court must prove that you did what you’ve been accused of, and they need to have the evidence to back it up.
- Mistaken identity and other misunderstandings happen a lot in solicitation cases. Maybe you just look like the John who pulled money from the ATM, or maybe you were taking a late-night walk down a street you’ve never traveled down.
If you’ve been accused of solicitation, keep your mouth shut. It doesn’t matter how innocent you think you are; talking to the police will not help you out of a legal bind — only talking to your lawyer will do that.
Another thing to remember is that expungement in Texas is only possible if your case is dismissed, you are found not guilty, or you successfully complete a pre-trial program. This means that fighting the charge before your conviction is the only way to defend yourself before it’s too late.
Facing a solicitation of prostitution charge in Texas? Thiessen Law Firm can help.
Dealing with a solicitation of prostitution charge in Texas can feel impossible, especially with the Lone Star State’s new increased penalties in place, but you don’t have to go it alone. Having a dedicated and experienced criminal attorney in Houston to defend you against solicitation charges in Texas can be the difference between moving past a misunderstanding and a few years in prison.
Remember that a charge is not a conviction, and as long as you have an ongoing legal case, you can fight another day. Moving quickly is essential; every day that you don’t have a skilled prostitution lawyer building your defense is another day the prosecution gets one step ahead.
Call Thiessen Law Firm today at (713) 864-9000 or contact us online and ask us to begin building your defense and protect your freedom.
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