An Arlington Prostitution Lawyer Fights For Your Rights

Overview Of Prostitution Laws In Texas

The Texas Penal Code defines prostitution in Texas. A person commits this offense if they knowingly agree or offer to receive a fee in exchange for engaging in sexual conduct. The law applies to more than just monetary transactions but also payment in the form of goods, drugs, services, or other benefits. 

The penalties for prostitution charges escalate based on prior convictions to deter repeat offenses. First-time offenders typically face a Class B misdemeanor, which carries penalties of no more than 180 days in a county jail and a fine of up to $2,000. 

For second or third offenses, the charge becomes a Class A misdemeanor. This is punishable by up to one year in prison, a fine as high as $4,000, or both. Meanwhile, fourth and subsequent violations constitute a state jail felony. Such charges involve imprisonment ranging from 180 days to two years and a fine of up to $10,000.

Prostitution has become more complex over time, leading to the criminalization of related offenses. The law targets not only the person providing sexual services but also other parties involved in offering such favors. Understanding these legal distinctions is vital for those facing charges, as the penalties vary significantly.

Related Prostitution Offenses & Their Consequences

Prostitution cases also involve offenses that extend beyond direct participation in the act itself. Texas law targets individuals and organizations facilitating, promoting, or driving these acts. These offenses carry significant penalties, reflecting the state’s firm stance on curbing illegal activities tied to them. 

Promotion Of Prostitution

Commonly known as pimping, promotion of prostitution occurs when someone knowingly profits from or facilitates prostitution activities. This can include managing agreements for sexual acts or soliciting individuals to engage in such conduct. A first offense is classified as a third-degree felony, carrying two to 10 years in prison and fines up to $10,000. 

If the offender has a prior conviction, it can escalate to a second-degree felony, punishable by two to 20 years imprisonment. Promotion of prostitution involving a minor under 18 is a first-degree felony, with penalties that can range from five to 99 years in jail, reflecting the seriousness of exploiting children.  

Aggravated Promotion Of Prostitution

Aggravated promotion applies when an individual owns, controls, or manages an operation involving two or more prostitutes. This is a first-degree felony, punishable by five to 99 years in prison and a maximum of $10,000 in fines. 

The law also extends to online platforms facilitating prostitution involving five or more people. Such charges are typically second-degree felonies, with potential penalties of two to 20 years in prison. When minors are involved, or if the defendant has a prior conviction, these charges carry harsher penalties under the law.  

Compelling Prostitution 

Compelling prostitution occurs when someone forces another person into sexual conduct through coercion, threats, or fraud. This offense also applies to those who cause an individual under 18 to engage in prostitution, regardless of whether force was used. Further, the law treats this as a first-degree felony. 

Understanding these related offenses is critical, as they often intersect with direct prostitution charges. Addressing such allegations requires an in-depth approach tailored to the case’s specifics. Defendants accused of these crimes should explore legal defenses that reflect the unique circumstances of their situation.  

Common Defense Strategies Against Prostitution Charges

When facing prostitution charges, understanding the legal options you have can make a significant difference in the outcome. Defense strategies are not one-size-fits-all. They depend on the circumstances of the case, the evidence presented, and your history. By carefully examining the details of each case, an experienced Arlington prostitution attorney can identify opportunities to challenge the charges.  

Victim Of Human Trafficking  

One of the strongest defenses involves proving that someone coerced you into prostitution as a victim of human trafficking. Texas law recognizes that individuals forced into such situations do not willingly engage in criminal conduct. Evidence showing coercion, abuse, or manipulation can result in dismissed charges. This defense often applies to cases involving exploitation by trafficking rings or abusive relationships.

Entrapment By Law Enforcement  

Entrapment happens when law enforcement induces an individual to commit an offense they would not otherwise have committed. In prostitution cases, this often involves undercover stings where officers use misleading tactics to provoke an illegal agreement. Proving entrapment requires showing that you were unfairly pressured or manipulated into the act. 

Mistaken Identity Or False Accusation  

Mistaken identity or being falsely accused can lead to unwarranted charges. Prostitution cases often rely on witness statements, surveillance footage, or undercover operations, which may lack reliability. Addressing inaccuracies, such as misidentification or inconsistencies in police reports, can dismantle the prosecution’s argument.

Lack Of Intent Or Agreement  

Prostitution charges require proof of intent or an agreement to engage in illegal activity. If you had no intention to participate or were misinterpreted in your actions, the charges may not hold. For instance, ambiguous conversations or unclear exchanges might not satisfy the legal requirements for proving intent. This defense focuses on dismantling the evidence used to establish a criminal agreement.  

Insufficient Evidence  

A common and effective strategy involves challenging the adequacy or credibility of the prosecution’s evidence. The case may fall apart if critical details are missing, such as clear surveillance footage, reliable witness testimony, or concrete proof of an agreement. Attorneys can scrutinize every piece of evidence for inconsistencies, procedural errors, or lack of corroboration to disprove the narrative against you.  

Crafting a strong defense involves more than just responding to accusations—it’s about protecting your future. Each case is unique, and not all defenses apply to every situation. With solid legal representation, you can confidently build strategies to deal with the specific challenges of your charges.