Legal Implications of Prostitution Charges and Potential Defense Approaches

What Is the Law on Prostitution in Texas?

Prostitution is illegal in Texas under both state and federal statutes. State laws prohibiting prostitution and related offenses can be found in the Texas Penal Code, Title 9, Chapter 43, Subchapter A. “Prostitution” is defined under the statutes as knowingly offering or agreeing to engage in sexual conduct in exchange for money. Texas law also prohibits promoting, compelling, or soliciting prostitution.

Penalties are particularly severe for prostitution and related activities involving children under the age of 18. In addition to state law, several federal statutes are aimed at stopping prostitution, sex trafficking, and other related offenses. These include the Mann Act (also known as the White Slave Traffic Act), the Violence Against Women Act (VAWA), and the Trafficking Victims Protection Act (TVPA).

What Penalties Can Be Imposed in a Conviction for Prostitution in Texas?

Texas is tough on prostitution, and a conviction can have lifelong consequences. Criminal penalties include the following:

• Engaging in prostitution is typically charged as a Class B misdemeanor for a first offense, with penalties imposed of up to 180 days in jail and a fine of up to $2,000.
• A second or third offense is a Class A misdemeanor carrying enhanced penalties of as long as one year in jail and a fine of up to $4,000.
• A fourth or subsequent offense can be charged as a state jail felony, with a jail time sentence imposed ranging from six months to two years and a fine of up to $10,000.

What Are the Consequences of a Prostitution Conviction?

In addition to severe criminal penalties, a prostitution conviction can have long-term consequences that impact every aspect of life, including:

• Social stigma: A conviction for prostitution can damage your reputation and carry a social stigma that puts a strain on relationships with family and friends and within the community. Public knowledge of the conviction can lead to embarrassment and ostracization.
• Professional licensing or certification: Many regulatory agencies and boards require disclosing your criminal history. A prostitution conviction on your record may be grounds for denial, suspension, or revocation of a professional license or certification.
• Housing restrictions: Property managers and landlords often conduct background checks on prospective tenants. A prostitution conviction could lead to eviction or denial of a housing application.
• Employment prospects: Prospective employers also conduct background checks on applicants. A prostitution conviction could disqualify you for certain positions.
• Immigration consequences: A non-citizen convicted of prostitution or related charges may face inadmissibility, denial, or deportation.
• Child custody: Family court judges consider criminal convictions in their decisions regarding parenting, including child custody and visitation. A prostitution conviction could have an impact on your case.
• Sex offender registration: Conviction of certain prostitution-related crimes, such as compelling prostitution, may require registration as a sex offender. This involves public disclosure of personal information, impacts where you live and work, and carries a severe social stigma.

What Are the Potential Defense Approaches Against Prostitution Charges?

A skillfully crafted defense strategy can help secure an acquittal or mitigate the legal consequences of prostitution charges. Common prostitution defenses include:

• Lack of evidence: The burden of proof is on the prosecution in any criminal case. The prosecutor must demonstrate beyond a reasonable doubt that the defendant committed the offense of prostitution. Evidence that points to guilt is not enough to warrant a conviction. Our seasoned criminal defense attorney can thoroughly examine the prosecution’s case against you and challenge every flaw.
• Entrapment: This is a common defense in prostitution cases. Entrapment occurs when police officers induce or encourage a person to commit a crime they would not have committed otherwise. The charges may be dismissed if you can demonstrate entrapment by law enforcement.
• Lack of intent: To convict you of prostitution, the prosecution must prove every element of the case beyond a reasonable doubt, including intent. The prosecutor cannot prove prostitution was committed without proving there was an agreement or understanding of exchanging sexual acts for a fee.
• Mistake: Police officers are capable of errors in judgment when making arrests for prostitution. Even if an arrest occurred in an area known for prostitution, a person who had no intent to commit a sexual act in exchange for money did not commit the crime. Your attorney can provide a simple explanation of what actually occurred as a defense.
• Rights violations: If law enforcement violated your constitutional rights during an investigation or arrest, your attorney may file a motion to suppress any evidence obtained as a result. Violations include unlawful search and seizure, unlawful detention or arrest without probable cause, and failure to read your Miranda rights.
• Diversion programs: In some jurisdictions, a defendant facing a first offense of prostitution charges may be eligible for a diversion program. This typically involves the completion of a combination of education, counseling, and community service requirements, after which the charges may be reduced or dismissed.
• Plea bargaining: If the prosecution has a strong case against you, our seasoned criminal defense attorney can negotiate skillfully on your behalf to reduce the charges and/or sentencing recommendations.

If you have been arrested on prostitution charges, exercise your right to remain silent and speak with an experienced criminal defense attorney as soon as possible. Call Enrique Ramirez Law, PC, at 713-649-3100 for a free consultation with a lawyer with over 33 years of experience. We have defended thousands of cases with a history of success for our clients.