Prostitution Offenses

In Houston, it’s not uncommon for the Houston Police Department or the Harris County Sheriff’s Office to conduct sting operations to enforce its prostitution laws.

This practice often produces many wrongful arrests, leaving many innocent people in a nasty predicament with the Texas criminal justice system.

If you’re facing criminal charges in Houston or Harris County or soliciting, promoting, or compelling prostitution, contact an experienced attorney immediately.

Call Jack B. Carroll & Associates to learn the truth about your legal options and how you can fight for a much better outcome.

To contact our office click here to send us a message, or call our office directly at 713-228-4607. We offer in-depth case evaluations and reasonable legal fees. Our office is just steps away from the Harris County courthouse in downtown Houston.

Prostitution Offenses and Texas Law

The Texas Penal Code defines prostitution as an “offense against public order and decency.” In Texas, numerous sex-related offenses can lead to criminal prostitution charges:

Prostitution

A person commits this crime if the suspect knowingly either:

• Offers to engage, or engages, in a sex act for a fee; or
• Solicits another person (in public) to engage in a sex act for a fee.

Prostitution is a State Jail Felony in the State of Texas. Individuals convicted of prostitution are punished under State Jail Felony guidelines. Criminal penalties include a prison sentence of up to two years and a fine of up to $10,000.00.

Habitual offenders face enhancements that can escalate to 3rd Degree Felony classification, which could mean a prison sentence of up to 10 years, a $10,000 fine, or both.

Compelling Prostitution

The suspect either forces or coerces another person into prostitution, or solicits a child for sex. This crime is a second-degree felony which carries a prison sentence of up to 20 years with a fine of up to $10,000.00.

If the victim is “forced or compelled” into prostitution and isn’t of legal age (18), the case could be enhanced to a first-degree felony, which can draw an effective life sentence in prison.

Promotion of Prostitution

This serious charge involves those who assist in the crime of prostitution. They solicit business or work with a prostitute(s) and receive compensation (a percentage or “take” if you will) from the prostitutes they promote. These “pimps,” or “madams,” violate the Texas Penal Code if they do either of the following:

• Receive money or other property as the result of an agreement to participate in the proceeds of prostitution; or
• Solicit another to engage in sexual conduct with another person for compensation.

Promotion of prostitution is generally charged as a third-degree felony. If convicted, the suspect can receive a prison sentence of two-to-10 years, a fine of up to $10,000.00, or both.

Aggravated Promotion of Prostitution

This crime is reserved for those who, according to the Texas Penal Code, “knowingly own, invest in, finance, control, supervise, or manage a prostitution enterprise that uses two or more prostitutes.” One difference between aggravated and simple promotion of prostitution is the more serious aggravated charge involves the suspect controlling the activities of “two or more” prostitutes.

This crime is normally charged as a Second-degree felony (two-to-10 years in prison, a fine of up to $10,000.00, or both). But it can be enhanced to a First-degree felony (an effective a life sentence) if the prostitution enterprise uses a prostitute who is younger than 18 years of age. This is regardless of whether the suspect knows the true age of the person at the time of the offense.

It should also be noted that “enterprise” prostitution (aggravated) could conceivably be prosecuted in federal court if any prostitutes were transported to Houston across state lines or from other countries. In addition, they could also be prosecuted under federal R.I.C.O. (organized crime) statutes.

(See Federal Prostitution section below)

As you can plainly see, Texas prostitution laws are all over the place and quite convoluted. You might initially think you’re facing a misdemeanor, only to later learn you must instead defend yourself against serious felony charges. This is why you need a seasoned, expert criminal defense lawyer to clearly explain your situation, then aggressively and skillfully defend you.

Don’t hesitate to retain experienced defense counsel. Jack B. Carroll & Associates will provide a private consultation anyplace, anytime, to get you started on the right foot.