What Does Solicitation of Prostitution Mean in Texas?

 Posted on June 11, 2024 in Criminal Defense

Solicitation of prostitution used to be a Class B misdemeanor. This means that anyone who was convicted of a first offense of solicitation of prostitution faced up to 180 days in jail and a fine not exceeding $2,000. Someone who was convicted of a second offense was charged with a Class A misdemeanor and faced up to a year in prison and a fine of up to $4,000.

But that all changed in September 2021. Now solicitation of prostitution is a state jail felony, while actual prostitution still remains a Class B misdemeanor. This means your rights are even more at stake, which is why it is more important than ever to seek a Texas criminal defense attorney if you are accused of solicitation of prostitution.

What Is Solicitation of Prostitution?

According to Texas law, solicitation of prostitution is when someone “knowingly offers or agrees to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another.” In other words, merely offering to buy sex is a felony even if the transaction does not take place. 

This has often resulted in cases where a person said something that was misconstrued. For example, an individual might have not been referring to sex or was making a joke. Nevertheless, a prosecutor will try to get the judge to view the act as a solicitation of prostitution.

How Is Solicitation of Prostitution Punished?

Now that solicitation of prostitution is a state jail felony, sentences are as follows:

• For a first offense, up to two years in jail and a fine of up to $10,000

• For a second offense, which is a third-degree felony, up to between two and 10 years in prison and a fine of up to $10,000

There are other factors that determine the maximum sentence for solicitation of prostitution:

• If someone solicited prostitution from a person under 18 years of age, then it is a second-degree felony. The maximum punishment for a second-degree felony is between two and 20 years in prison and a fine of up to $10,000.

• If someone solicited prostitution from a person 18 years old or older but believed the person to be under 18, it is also a second-degree felony.

• If someone solicited prostitution within 1,000 feet of a school or a school event, then the felony is upgraded to the next level of severity. For instance, if this was a person’s first offense, then the fact that it occurred within 1,000 feet of a school upgrades the offense from a state jail felony to a third-degree felony.

Contact a Collin County, TX Solicitation of Prostitution Lawyer

Being charged with solicitation of prostitution today can carry heavy penalties. In this age of digital communication, it has become easier for people to be charged with soliciting prostitution. If you are charged with solicitation, contact a Plano, Texas solicitation of prostitution defense attorney right away. At The Crowder Law Firm, P.C., we have secured over 300 acquittals and not-guilty verdicts for our clients, and our aggressive attorneys are waiting to help you. Call 214-544-0061 for a free consultation and to start building your defense today.