Texas Prostitution Laws

(a) A person commits an offense if, in return for receipt of a fee, the person knowingly:

• Offers to engage, agrees to engage, or engages in sexual conduct; or
• Solicits another in a public place to engage with the actor in a sexual conduct for hire.

(b) A person commits an offense if, based on the payment of a fee by the actor or another person on behalf of the actor, the person knowingly:

• Offers to engage, agrees to engage, or engages in sexual conduct; or
• Solicits another in a public place to engage with the actor in sexual conduct for hire.

An offense is established under Subsection (a) regardless of whether the actor is offered or actually receives the fee. An offense is established under Subsection (b) regardless of whether the actor or another person on behalf of the actor offers or actually pays the fee.

A person commits an offense if, acting other than as a prostitute receiving compensation for personally rendered prostitution services, he or she knowingly:

• Receives money or other property pursuant to an agreement to participate in the proceeds of prostitution; or
• Solicits another to engage in sexual conduct with another person for compensation.

A person commits an offense if he knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes.

A person commits an offense if the person knowingly causes by any means a child younger than 18 years to commit prostitution, regardless of whether the actor knows the age of the child at the time.

• Class B misdemeanor for prostitution or solicitation (if no aggravating factors are present).
• Class A misdemeanor if perpetrator has 1 or 2 previous convictions for prostitution or solicitation; for pimping (if no other aggravating factors are present).
• State jail felony if perpetrator has 3 or more previous convictions for prostitution or solicitation; for repeat offense of pimping.
• Third degree felony for owning, financing, controlling, or managing a prostitution enterprise with 2 or more prostitutes.
• Second degree felony if the person solicited is younger than 18 (regardless of whether the perpetrator knew at the time); if the perpetrator believed the person solicited was younger than 18; for pimping the services of someone younger than 18; for compelling a child younger than 18 to commit prostitution.
• First degree felony for owning, financing, controlling, or managing a prostitution enterprise with 2 or more prostitutes, where at least 1 is under 18; if an actor who compels a child under 18 to commit prostitution also may be charged with another offense in this section.

• Class B misdemeanor: Up to 180 days in jail, fine of up to $2,000.
• Class A misdemeanor: Up to 1 year in jail, fine of up to $4,000.
• State jail felony: 6 months to 2 years in a state jail facility, find of up to $10,000.
• Third degree felony: Up to 10 years in prison, fine of up to $10,000
• Second degree felony: 2 to 20 years in prison, fine of up to $10,000.
• First degree felony: 5 years to life in prison, fine of up to $10,000.

• Intoxication
• Entrapment (i.e. by an undercover police officer)
• Age
• Duress (i.e. the defendant was under threats of bodily harm if they did not commit the sexual contact for a fee)
• No money was received for the sexual contact
• Lack of knowledge