Any exchange of money between two parties for the sole reason of sex is a solicitation of prostitution. Like most places around the world, it is illegal in the eyes of the Texas law.
With solicitation of prostitution being illegal, it could get pretty embarrassing if caught by the police. If convicted, the conviction could follow one for life. One wouldn’t want the embarrassing charge of solicitation of prostitution on their record.
However, proving that a solicitation of prostitution actually exists can be difficult. It’s to be shown beyond doubt that the person has offered and agreed to engage or actually engaged in a sexual conduct with another for a fee.
However, prosecutors have not only taken it upon themselves to target prostitutes but also their clientele who are termed “Johns”. Many police officers search the internet or strip clubs and entice people to make an agreement for a sexual act, in return for money. Since the conversations are almost always recorded, it gets easier to convict the person as well.
Why Do You Need to Be Aware of a Conviction?
A conviction for solicitation of prostitution can attach a criminal record to your name for the rest of your life. It doesn’t give you a clean record when you apply for a job, bank loans, does harm to your image and also affect your relationship with friends and family. If you are convicted, you may face fines and even significant jail time.
Texas Laws on Prostitution
Texas laws define the prostitution as – an attempt to pay another person for sex or sexual favors is considered a crime. The law is exclusive of whether you have engaged in any sexual activity or not. If you have paid for sex, and have followed through with that payment, you are liable to be arrested in Texas. The offer by itself is considered proof or the only parameter for solicitation of prostitution.
Officers in Texas have different ways or a modus operandi for capturing someone attempting to pay for sex:
- They set up a well-rehearsed and choreographed sting operation to be a reliable witness to the accused in the solicitation of prostitution
- They target various clubs, diners, massage parlors, spa centers, adult entertainment and strip clubs across the city to track these activities
- Following a person who is driving through a red-light area. It is only fair to believe the person is there because he fully intends to pay for sex. Once payment and agreement are made and is followed through, the police make their arrest.
Penalties and Sentences
The law states that it is an offense to offer money for sex. However, most accused that get convicted are the clientele of prostitutes. The law protects the prostitutes in a way that if they get arrested, they are sent into rehab even if they are or plead to be guilty. There is no such relief for their customers though who have to endure a harsher treatment dealt out to them.
- The solicitation of prostitution in Texas is punishable as a Class B misdemeanor. It is usually a 180 days jail time sentence. Not just that, you are also fined a $2000 fine.
- The above is if you are a first-time convict. If you are history-sheeter, which means you have been arrested before on the same charge, you will be charged with a Class A misdemeanor. Class A means you will be charged a $4000 fine and at least up to a year in jail.
Defenses for Solicitation
Although prosecution would love to have a field day with the accused, they need proof. Your attorney can argue that sex was the agreement between the parties but money or any payment was never a part of it.
If you are a first-time defaulter, your counsel can negotiate a deal on your behalf to get you out unscathed. In both the cases, you need to protect yourself through the complex judicial system because a prostitute as per law cannot be charged with solicitation. It is always the client.
Hire the right prostitution lawyer today to help defend you if you get charged with a solicitation of prostitution.
Contact us today to know how we can help you defend and save yourself from conviction.