In Texas, prostitution is illegal. According to Texas Penal Code § sections 43.02 to 43.06, a person who intentionally proposes or consents to exchange sex for payment, or publicly approaches others with the intent of offering sexual services, is committing the act of prostitution.

Prostitution entails either proposing, consenting to, or actually participating in sexual activities in exchange for payment. In Texas, many are taken aback to learn that just an agreement, even without any sexual action, is adequate evidence for prostitution.

One can inadvertently be ensnared in a sting operation simply as an unintended participant. Charges can be brought against an individual if they propose, consent to, or actually partake in sexual activities for payment.

The penalties for a prostitution charge in Texas vary based on the circumstances and the individual's criminal history. Here's a breakdown:

1. First Offense: A prostitution charge for a first-time offender is generally considered a Class B misdemeanor, which can result in up to 180 days in jail and/or a fine of up to $2,000.

2. Second Offense: A second offense is typically classified as a Class A misdemeanor, carrying a penalty of up to one year in jail and/or a fine of up to $4,000.

3. Three or More Offenses: Three or more offenses elevate the crime to a state jail felony. This can result in a jail term ranging from 180 days to two years in a state jail facility, along with a potential fine of up to $10,000.

4. Promotion of Prostitution: If someone is found guilty of promoting prostitution (which means they are knowingly causing another to commit prostitution or owning, investing in, financing, controlling, supervising, or managing a prostitution enterprise that uses two or more prostitutes), the crime is considered a state jail felony.

5. Aggravated Promotion of Prostitution: If the individual manages, supervises, controls, or owns a prostitution enterprise involving two or more prostitutes, it's a third-degree felony. Penalties can include a prison term ranging from 2 to 10 years and a fine of up to $10,000.

6. Compelling Prostitution: If someone forces another (especially a minor under 18) into prostitution, the offense is classified as a second-degree felony for adults and a first-degree felony if the victim is under 18. Penalties can range from 2 to 20 years in prison for adults and 5 to 99 years (or life) for cases involving minors, with fines of up to $10,000.

Hiring an attorney if you are charged with prostitution in Texas (or anywhere else for that matter) is crucial for several reasons:

1. Complexity of the Law: Criminal law, especially in a state as large and diverse as Texas, can be complex. Our experienced attorneys can navigate the intricacies of the Texas Penal Code, relevant case law, and local court procedures.

2. Protection of Your Rights: We can ensure your rights are upheld. This includes ensuring that evidence obtained illegally (e.g., without a proper search warrant or during an improper interrogation) is not used against you.

3. Legal Strategy: Our experienced criminal defense attorneys will know how to challenge the prosecution's evidence, present a defense, or negotiate a plea deal if appropriate. They can advise on the best course of action based on the specifics of your case.

4. Familiarity with Local Courts: Every court and every judge is different. Our attorneys are familiar with the local courts and prosecutors can provide insights that might be beneficial for your case.