Georgetown Prostitution Defense Lawyer

Prostitution & Solicitation Are Separate Texas Offenses

Texas Penal Code Section 43.02 defines prostitution as knowingly offering or agreeing to receive a fee from another person to engage in sexual conduct. Section 43.021 defines solicitation of prostitution as knowingly offering or agreeing to pay a fee to another person for sexual conduct with that person or someone else.

Under Chapter 43, a fee can include money, goods, services, or another benefit. Sexual conduct includes sexual contact, sexual intercourse, and deviate sexual intercourse. Because the statutes focus on an offer or agreement, prosecutors may pursue a charge even when no money changed hands and no sexual activity occurred.

Promotion of prostitution, online promotion of prostitution, aggravated promotion of prostitution, and compelling prostitution involve different conduct and statutory elements. The charging document must be reviewed before determining what the state has to prove.

Texas Penalties Depend on the Charge & Prior Record

Prostitution generally begins as a misdemeanor, while solicitation of prostitution begins as a felony under current Texas law. Prior convictions and allegations involving a person younger than 18 can increase the classification and potential punishment.

Texas classifications and punishment ranges include:

• First prostitution offense: Generally a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000.
• Prostitution with one or two prior convictions: Generally a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000.
• Prostitution with three or more prior convictions: A state jail felony, punishable by 180 days to two years in a state jail and a fine of up to $10,000.
• First solicitation offense: A state jail felony, punishable by 180 days to two years in prison and a fine of up to $10,000.
• Enhanced solicitation offense: A qualifying prior conviction can raise the charge to a third-degree felony, punishable by two to 10 years in prison and a fine of up to $10,000.
• Solicitation involving a person younger than 18: A second-degree felony, punishable by two to 20 years in prison and a fine of up to $10,000. The statute applies regardless of whether the accused knew the person’s age.

A conviction may also affect employment, professional licensing, immigration status, and personal relationships. Evaluating the potential exposure requires confirming the current charge, criminal history, and any alleged enhancement.

What Prosecutors Must Prove & How We Test the Evidence

The prosecution must prove every element of the charged offense beyond a reasonable doubt. Key questions may include whether there was a legally sufficient offer or agreement, whether the accused had the required intent, and whether the alleged exchange involved a fee and sexual conduct as defined by law.

Evidence often comes from digital communications, payment records, and law enforcement recordings or testimony. We also examine advertisements, surveillance, search activity, and the circumstances of any undercover encounter. Depending on the facts, possible issues may include mistaken identity, lack of agreement or intent, insufficient evidence, an unlawful search or seizure, or due-process violations.

Entrapment applies when law enforcement uses persuasion or another method likely to cause someone to commit an offense rather than merely providing an opportunity. Whether entrapment or another challenge is available depends on the statute, evidence, police conduct, and procedural history.

Where Williamson County Cases Are Heard

The court process depends on whether the accusation is filed as a misdemeanor or felony. The Williamson County Criminal Division prosecutes adult misdemeanors in three County Courts at Law and Class C misdemeanors in four Justice of the Peace courts. Williamson County District Courts hear felony criminal matters.

We guide clients through court settings, filing requirements, discovery, negotiations, and other decisions as the case proceeds. The precise charge matters because prostitution may be prosecuted as a misdemeanor or enhanced to a felony, while solicitation of prostitution is a felony under current Texas law.

Discuss Your Case With Our Georgetown Defense Team

A free consultation gives you an opportunity to explain what happened, identify immediate concerns, and discuss possible next steps based on the actual allegation. General information can’t replace legal advice tailored to your evidence, record, and procedural history.

We represent clients in Williamson County and surrounding areas, with legal services available in English and Spanish. Our team can evaluate an investigation, arrest, or pending charge without assuming the police report tells the complete story.