Prostitution / Solicitation of Prostitution

In Texas, both paying for and receiving payment for sexual conduct is a crime. People charged with these offenses are often caught in sting operations.

If you have been charged with either, don’t jeopardize your freedom. Barton & Associates Attorneys At Law, PLLC team of skilled attorneys is here to help. Our firm understands that your reputation and freedom are on the line in these cases, and we will aggressively fight to clear your name.

Solicitation vs. Prostitution Charges

These crimes are related, but there are important differences to consider. Prostitution is the act of offering sex in exchange for money or something else of value. The other side of that transaction—the person who offers money for sex—is guilty of solicitation. These crimes occur as soon as an agreement is struck by the parties, even if no sex acts actually occur.

Defining Prostitution

Texas law defines prostitution as knowingly offering or receiving a fee from another to engage in sexual conduct. “Fee” is not limited to money, but also includes goods, services, or other benefits. This offense is a class B misdemeanor, but can be enhanced to a class A misdemeanor if the offender has been convicted for prostitution two times before, and a state jail felony if the offender has been convicted for prostitution at least three times before

Solicitation of Prostitution

Solicitation of prostitution, or the act of paying for prostitution, used to be treated as a misdemeanor on the first offense. In 2021, the legislature updated the statute to now make solicitation of prostitution a state jail felony on the first offense. Solicitation may be enhanced to a third-degree felony if the state can show that you were previously convicted of solicitation of prostitution. Solicitation can also be a second-degree felony if the person with whom the actor agreed to pay the fee for is younger than 18, represented to the actor as being younger than 18; or is believed by the actor to be younger than 18 whether they actually are or not.

Hiring an Attorney Right Away Is Important

There is no time to delay when it comes to hiring legal counsel after an arrest for prostitution or solicitation. Every day that you wait to pursue a sound defense strategy is another day that the state has to strengthen its case. At Barton & Associates Attorneys At Law, PLLC, we can offer the following:

• Experience With Criminal Defense. Our attorneys are experienced in handling solicitation and prostitution cases. We understand what is at stake, especially when felony charges are involved. We will work tirelessly to help you get the outcome you deserve.
• Legal Knowledge. Our team can help you develop a strong defense strategy based on our past experience and knowledge of the law. There are often novel defenses available in these cases, like entrapment.
• Protecting Your Future. A conviction for prostitution or solicitation can have a long-lasting impact on your life. We will help you fight back against the state every step of the way.

What is Entrapment?

One common defense strategy in these cases is entrapment. This defense involves alleging that the police coerced you into committing a crime you would not have otherwise participated in. While law enforcement is allowed to use deception, they are prohibited from pushing or coercing someone into breaking the law they otherwise did not intend to violate. Our firm can review the facts of your case and advise whether or not an entrapment defense works for you.

Talk to a Prostitution / Solicitation Lawyer Right Away

Charges of solicitation and prostitution are more serious than you think. In addition to the potential for incarceration, you are also at risk of suffering long-term damage to your reputation and costly monetary fines. You might struggle to earn a living or even find appropriate housing with this type of conviction on your record. The good news is that you have the right to fight back. Contact us for a private consultation right away to learn more.