The sale of sexual services in return for money or other valuables is known as prostitution. Money, products, and services are all possible forms of payment for sexual services. Prostitution is a Class B misdemeanor in Texas.
Exchanging commodities, services, money, or other items of value in exchange for the act is considered payment for services. The two forms of prostitution charges are soliciting a prostitute’s services and actually engaging in prostitution.
If found guilty of prostitution, a defendant may receive a sentence of $2,000 in fines or 180 days in county jail.
In an effort to apprehend offenders for the promotion of prostitution, local, state, and federal law enforcement authorities frequently use prostitution sting operations.
Prostitution Solicitation in Texas
Asking another person for sexual services in return for cash or other valuables is known as soliciting prostitution. Selling sex in exchange for cash, favors, or other products and services is known as prostitution.
The marketing of prostitution, in contrast, usually involves a third party (not a prostitute or “john”) who acquires cash, services, or products in exchange for sexual favors.
In comparison to aggravating promotion of prostitution, this allegation is less serious.
What Does Texas Prostitution Promotion Mean?
In Texas, encouraging prostitution is illegal. When someone other than a prostitute is paid for the prostitution services rendered by the prostitute, a crime is committed. In compensation for setting up the prostitution agreement, a person can receive a share of the cash a customer gives to the prostitute.
An accusation of “Pimping,” also known as the promotion of prostitution, suggests that a person is not directly involved in the act of prostitution but instead has obtained money or other property with the knowledge or entered into an arrangement to share in the proceeds of prostitution. If someone asks another person to engage in sexual activity with another person in exchange for payment, that behavior may also be regarded as a promotion of prostitution. In other words, prosecution for the promotion of prostitution often only applies to “Pimps.”
You have no time to waste if you have been accused or charged. A prostitution lawyer is necessary for you to hire. Get in touch with a seasoned and sympathetic Texas promotion of prostitution attorney right away.
It is a felony offense to promote prostitution rather than engage in prostitution, which is simply a misdemeanor since pimping is frequently seen as being related to human trafficking.
Because Texas sex offender statutes do not now require the reporting of convictions for the promotion of prostitution, you are not required to register as a sex offender just because you received a promotion of prostitution conviction.
What Must Be Proven in Order to Convict Me of Texas Prostitution Promotion?
The state must demonstrate that the defendant knew or should have known that they were:
- Soliciting a person to engage in sexual activity or sexual contact with another person for payment or to otherwise commit prostitution
- Receiving something of value in exchange for agreeing to engage in prostitution, which could be cash, property, products, or services.
What Is the First Offense Penalty for Promoting Prostitution?
A first-time conviction for promoting prostitution in Texas is a Class A misdemeanor. A person who is found guilty of a Class A misdemeanor faces:
- $4,000 in fines and almost one year in county jail
What Is the Criminal Penalty in Texas for a Second Conviction for Promoting Prostitution?
A second conviction is a felony that carries a sentence of 180 days to two years in prison and a $10,000 fine.
It is a felony offense to promote prostitution rather than engage in prostitution, which is simply a misdemeanor since pimping is frequently seen as being related to human trafficking.
Because Texas sex offender statutes do not now require the reporting of convictions for the promotion of prostitution, you are not required to register as a sex offender.
Punishments for Propagating Prostitution
If found guilty of encouraging prostitution, a person could spend up to two years in state prison and pay a fine of up to $10,000.
If the same crime has been committed before, it can be upgraded to a third-degree felony, which carries punishments of up to 10 years in jail and a $10,000 fine.
It is a second-degree felony punishable by up to 20 years in jail and a fine of up to $10,000 if the offense includes someone under the age of 18 (regardless of knowledge of their age).
Felony Prostitution Promotion
The quantity of prostitutes employed in the enterprise is the main distinction between the Promotion of Prostitution and the Aggravated Promotion of Prostitution. Two or more prostitutes must be used in the business for it to be considered aggravated promotion of prostitution.
A Texas conviction for Aggravated Promotion of Prostitution is punished as a second-degree felony, punishable by up to 20 years in prison and a fine of up to $10,000. This is a different felony and not just an aggravation of the Promotion of Prostitution.
Suppose a prostitution enterprise employs a prostitute who is less than 18 years old. In that case, it is also punishable as a first-degree felony (regardless of whether you were aware of the prostitute’s age or the prostitute lied about it). This carries a sentence of 5-99 years in prison, or even life, and a fine of up to $10,000.
If the Prostitute I Promote is a Minor, Will I Face a Longer Prison Sentence?
Yes. When the prostitute is under the age of 18, promoting prostitution is a second-degree felony. Two to twenty years in jail and/or a $10,000 fine are the possible penalties for a second-degree felony.
Is the Fact that I was Coerced into Engaging in Prostitution a Defense?
Yes. If the defendant was a real victim of prostitution, that could be used as a defense in Texas.
This involves participating in Texas’s human trafficking industry.
Protection of Children Against Prostitution and Sexual Exploitation
More safeguards against the exploitation of minor minors for sexual purposes are still a top priority for the Texas Legislature. The adoption of these laws demonstrates the critical understanding that young people are considerably more susceptible to the consequences of adult sexual exploitation.
When one adult promotes the prostitution of another adult (without the use of coercion, fraud, or threats), Texas law imposes misdemeanor penalties.
When an adult promotes the sexual exploitation of youngsters, the consequences are even more severe. These offenses connected to prostitution include:
- Trafficking a minor under the age of 18 for forced sexual performance or prostitution is a violation of Texas Penal Code 20A.02;
- Texas Penal Code 43.25(e): Inducing a minor under the age of 14 to engage in sexual activity;
- Texas Penal Code 22.011.021: Sexually assaulting a minor under the age of 14 is considered aggravated sexual assault (and is subject to the same penalties as raping an adult in which serious physical harm or other aggravating circumstances occur; and
- Texas Penal Code 43.03.05: Forcing a minor under the age of 18 to engage in prostitution is unlawful
Do I Need an Attorney?
You need an experienced lawyer to defend you if you’ve been accused of promoting prostitution. The charge of encouraging prostitution is serious and challenging to prove. If you are accused of promoting prostitution, speak with a Texas criminal attorney right now.
