Prostitution refers to the sale of sexual services or acts that go beyond the traditional sexual intercourse. Payment for services include exchanging something of value for the act, like goods, services, or money. The two types of prostitution charges are: engaging in prostitution and soliciting services from a prostitute. 

When Can I Be Found Guilty of Prostitution?

The defendant can be found of guilty of prostitution when they: 

  • Offer to engage in prostitution;
  • Agree to engage in prostitution;
  • Engage in any sexual activity for payment;
  • Solicit someone in a public place to engage with them in a sexual activity in exchange for payment.

What is the Punishment for a Prostitution Conviction in Texas?

Typically, prostitution is a class B misdemeanor. A convicted defendant faces up to 180 days in jail and/or a fine of up to $2,000. 

Can the Punishment for a Prostitution Conviction Become More Severe? 

Yes. The punishment for a prostitution crime increases to: 

  • A class A misdemeanor if the defendant has one or two previous prostitution convictions
  • A state jail felony if the defendant has been convicted of three or more times;
  • Felony in the third degree if a defendant solicited an individual between the ages of 14 to 18 years old
  • Felony in the second if the defendant solicited an individual younger than 14 years old

Is It a Defense if I was Forced to Participate in Prostitution?

Yes. In Texas, one defense to prostitution is if the defendant was actually a victim in the prostitution. This includes being part of human trafficking in Texas.  

Should I Contact a Lawyer about My Prostitution Charge?

Yes. You should contact a criminal lawyer regarding fighting your prostitution, to avoid tough penalties related to a criminal conviction.