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Prostitution and Solicitation

Prostitution and Solicitation

Prostitution and Solicitation in Williamson and Bell County

The non-violent act of consensual sex for payment has been criminalized. With a more focused eye on human trafficking, law enforcement resources are going into combatting prostitution. The customers sometimes called "johns," are a prime target of stings and other operations.

Within Williamson County, the Prostitution Section Detectives investigates and sets up in-person and online sting operations to find those paying for a sexual act. If you are being charged with any crime related to prostitution, including solicitation, you should seek a skilled defense attorney to represent you before the court and at trial, if necessary.

Prostitution and Solicitation Defense Lawyer in Williamson County

Law Office of Michael J. Price P.C. are committed to your freedom. We will handle your case with the sensitivity and professionalism that are due for crimes of a sexual nature. The penalties for prostitution or solicitation offenses in Texas should never be taken lightly. By calling (512) 354-1880, Law Office of Michael J. Price P.C. will schedule a free, no-obligation consultation to review your case and answer your questions.

Michael J. Price represents clients across Williamson County and Central Texas. They're thoughtful and careful with their clients while aggressively representing them in court.


Prostitution Charges Overview


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Definitions of Prostitution and Soliciting Prostitution

Tex. Penal Code § 43.02 defines any sexual conduct for a fee as prostitution. Sexual conduct includes:

  • Deviate sexual intercourse – any contact between the genitals of one person and the mouth or anus of another person
  • Sexual contact – any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person
  • Sexual intercourse – any penetration of the female sex organ by the male sex organ

The offense may be committed by the actor who wishes to perform a sexual activity with another person for remittance or by someone soliciting an actor to perform a sexual activity for payment. In other words, both the alleged prostitute and the customer are vulnerable to being prosecuted for prostitution.

The offense can occur before any money is exchanged or sexual act performed. Simply the offer or agreement to engage in sexual activity for payment is an act of prostitution.


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Penalties for Soliciting and Engaging in Sex Work

The first-time violation of Tex. Penal Code § 43.02 results in a class B misdemeanor punishable by up to six months in jail and $2,000 in fines.

A second or third violation will result in a class A misdemeanor. This will expose the defendant to up to one year behind bars and $4,000 in fines.

With a fourth violation, the state will sentence the defendant with a state jail felony. The possibilities of jail time are very likely as the penal code sets forth a minimum six months of jail time and maximum two years. The maximum fine may not exceed $10,000.

If the person being solicited is under 18 years of age, the charge is automatically increased to a second-degree felony, regardless if the defendant was aware of the individual’s age. A second-degree felony will be punished by two to 20 years in state prison and a fine not to exceed $10,000.


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Promotion of Prostitution

Tex. Penal Code § 43.03 defines promotion of prostitution, more commonly known as pimping. The actor in violation of this section will have received 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.

Penalties for a first offense of promotion of prostitution will be a class A misdemeanor, up to one year in jail, and up to $4,000 in fines. If this is a second conviction, the defendant will face a state jail felony.

If the individual who has engaged in prostitution is under the age of 18, the offense is a felony of the second degree. This offense carries a prison term of two to 20 years.


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Aggravated Promotion Charges in Central Texas

A person who owns, invests in, finances, controls, supervises, or manages an enterprise of prostitution including two or more employees is conducting aggravated promotion of prostitution as defined in Tex. Penal Code § 43.04.

An offense under this section is a felony of the third degree with a prison term of two to ten years. If the enterprise involves anyone under the age of 18, the sentence increases to a felony of the first degree with a prison term of five to 99 years.


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Compelling Sex Work

Compelling prostitution, defined in Tex. Penal Code § 43.05, is to force another person to commit prostitution through force, threat, or fraud. The offense is a second-degree felony punishable by two to 20 years in prison. If the individual in question is under 18 years of age, the punishment increases to a first-degree felony. An incredibly serious charge, the prison term for a first-degree felony increases to a range of five to 99 years.


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Defenses to Charges of Solicitation

Defenses to prostitution typically revolve around poking holes in the state’s claim that any payment was agreed upon for a sexual activity. Additionally, if a person was intoxicated and could show they did not have any intent to exchange money or make an agreement to exchange money, they may be able to provide enough reasonable doubt to be acquitted.

Law enforcement will often set up sting operations with recordings of the agreement. Police officers will go undercover both as customers and providers, and they will pose on popular websites such as Backpage.com or public places known for prostitution. The defense of entrapment has consistently been denied in these sting operations.

A solid defense to prostitution is if the person was performing prostitution under threat or duress.


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Experienced Solicitation Defense Lawyer in Georgetown

Being arrested is a frightening experience. Do not let the system intimidate you, but rather arm yourself with an advocate in court. If you are confused about where to turn, call us at (512) 354-1880 immediately. We will schedule a free consultation to talk about your charges, your history, and the potential outcomes of your case. 

Law Office of Michael J. Price P.C. firmly believes in your innocence and our role as the state’s adversary. Our Georgetown criminal defense attorney will take your case to trial or find the best possible outcome before that point. Call us today if you have been arrested for prostitution in Round Rock, Cedar Park, Georgetown, Leander, Taylor, Hutto, or the surrounding areas.