Houston Prostitution Lawyer

Houston Prostitution Attorney

Charged with prostitution, pimping, or pandering in Houston? You are facing serious criminal charges that require a tactical defense. Often, prostitution charges, of any type, are initiated through a sting operation or coordinated effort by Houston law enforcement, and the charges are difficult to overcome. A Houston prostitution lawyer with experience in these specific defenses can help.

Our team of Houston lawyers at Greco Neyland regularly represents individuals in defense of prostitution, and we are ready to take your case under any of the Texas prostitution statutes.

Top Houston Prostitution Attorney in Texas

It is a crime in every state to solicit sex for money, but each state operates under its own unique prostitution laws – meaning the law in Houston could be different from Portland, Boston, or New York. In Texas, the statutes of the Texas Penal Code criminalizing prostitution are broad and strictly enforced in Houston.

The laws in Houston don’t provide specific terminology related to the various acts involved in prostitution but do differentiate between the various actors. There is a clear distinction between prostitution, pimping, and pandering. A Houston criminal lawyer could handle cases involving any of these actions.

Protecting Children from Sexual Exploitation Related to Prostitution

Prostitution is the act of offering sexual conduct for money. Pimping is the act of offering or promoting a prostitute. Pandering is the act of soliciting sexual conduct for money. Despite the use of these various definitions in the statutes, the criminal punishment for prostitution relies more on the extent of the criminal operation and age of the individual engaging in sexual conduct.

What Do the Texas Laws Say About Prostitution in Houston?

The statutes on prostitution, pimping, and pandering is found in Sections 43.02 through 43.06 of the Texas Penal Code. Unlike other crimes in Texas, such as assault and possession of a controlled substance, there isn’t a single statute that covers all criminal actors and actions involved in prostitution.

Under Section 43.02(a) of the Texas Penal Code, you can be charged with prostitution if in exchange for payment or a fee you knowingly:

• Offer to engage, agree to engage or do engage in sexual conduct; or
• Solicit another person in a public place to engage in sexual conduct for hire.

Under Section 43.02(b) of the Texas Penal Code, you can also be charged with prostitution if based on the payment of a fee, by the actor or “john,” you knowingly:

• Offer to engage, agree to engage, or do engage in sexual conduct for hire; or
• Solicit the actor in a public place to engage in sexual conduct for hire.

Sections 43.03 and 43.04 of the Texas Penal Code make it a criminal offense to promote prostitution, otherwise called pimping. The statute makes it a criminal offense to receive compensation in exchange for the promotion of prostitution or sexual conduct for hire.

Penalties for Prostitution under Texas Law

In Houston and Harris County, Texas, you can also be charged with more substantial and serious charges for involvement in prostitution. These aggravated or heightened offenses aren’t usually levied on the individuals acting as prostitutes, but rather the actors promoting, coercing, or forcing prostitution through threats. Individuals facing these charges are entitled to the same robust defense from a Houston prostitution lawyer.

It is a heightened offense under Section 43.04 to be involved in the aggravated promotion of prostitution. Aggravated promotion could be thought of as knowingly investing, financing, supervising, managing, or otherwise controlling a prostitution enterprise. A person is charged with aggravated promotion of prostitution if:

• As part of a prostitution enterprise that uses two or more prostitutes or
• The defendant promotes the prostitution of an individual under the age of 18.

The most serious crime associated with prostitution is compelling prostitution. Compelling prostitution under Section 43.05 of the Texas Penal Code is either a felony in the second or first degrees, which are the most serious charges under Texas law. You could be charged with compelling prostitution by:

• Compelling prostitution through force, threat or fraud; or
• Causing a minor under 18 to commit prostitution by any means.

Possible Defenses

If you’ve been charged with prostitution, this does not always mean you’ll be convicted. Possible defenses could include:

• Insufficient evidence
• Lack of intent
• Illegal undercover operation. If undercover law enforcement posed as prostitutes to draw out a criminal act, the charges may not be valid.

A lawyer can build a strong defense. They may negotiate with the prosecution for reduced charges or sentencing.

FAQs

Q: How Long Can You Go to Jail for Prostitution in Texas?

A: You could go to jail for up to 180 days and pay fines of up to $2,000 for prostitution in Texas. Prostitution is typically a Class B misdemeanor for a first-time offender. A second or third-time offense could be upgraded to a Class A misdemeanor, which comes with steeper penalties, such as up to one year in jail and $4,000 in fines. Any more convictions could result in a state jail felony that comes with up to two years of jail time and $10,000 in fines.

Q: How Do I Beat a Solicitation Charge in Texas?

A: To beat a solicitation charge in Texas, you could argue that there was police entrapment, you did not know the other person was a prostitute, you agreed to the conduct against your will, you did not agree to the conduct in exchange for money, or there is insufficient evidence. To make any of these arguments, you will have to provide proof. Solicitation charges can be difficult to understand, but with the help of an attorney, you can build a strong defense.

Q: What Are Aggravating Factors for Solicitation of Prostitution Charges in Texas?

A: Aggravating factors for solicitation of prostitution charges in Texas include prior convictions. Also, if there is a child, a drug, or an assault involved, that could make your case even more complicated and bring on other charges. More severe charges mean you’ll need a stronger defense, as well as a more skilled lawyer.

Q: Is Prostitution Legal in Texas in 2024?

A: Prostitution is not legal in Texas in 2024. Under Texas Penal Code 43.02, it is a crime to offer or agree to receive payment in exchange for sex or sexual conduct. These crimes are punishable by jail time and fines. Anyone who participates in the solicitation, promotion, online promotion, or aggravated promotion of prostitution could face these penalties.

Q: If I’m Charged With Prostitution, Does That Make Me a Sex Offender?

A: Being charged with prostitution does not automatically make you a sex offender. First, just because you are charged with a crime does not mean that you are guilty or will be convicted. Second, the only prostitution offense that could lead to sex offender registration is eliciting the prostitution of a minor, someone who is under 18 years old. If there was a minor involved in your case, it is very important that you speak with an attorney immediately, as you could be facing serious charges.

Why Hire a Houston Prostitution Lawyer?

Under Texas law, prostitution in Houston is a serious offense. Many defendants are charged with a felony, which means the possible sentence for a conviction is one year or more in state prison. Other repercussions of a prostitution conviction include payment of a criminal fine and notice of a felony offense on your criminal record.

A prostitution lawyer in Houston will do everything possible to eliminate these negative ramifications. Along the way, a Houston lawyer at Greco Neyland will ensure you understand the criminal justice process, your rights are respected by law enforcement and prosecutors, and you have the best arguments at a criminal trial. Contact us today to schedule a free consultation.