Prostitution

Chapter 43 of the Texas Penal Code defines charges and punishments for offenses of public indecency.

“Prostitution” as per § 43.02 of the Texas Penal Code, occurs when a person knowingly:

A) offers or agrees to receive a fee from another to engage in sexual conduct, or

B) offers or agrees to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another.

An offense under Subsection (a) is a Class B misdemeanor, except that the offense is:

  • a Class A misdemeanor if the actor has previously been convicted one or two times of an offense under Subsection (a); or
  • a state jail felony if the actor has previously been convicted three or more times of an offense under Subsection (a).

An offense under Subsection (b) is a Class B misdemeanor, except that the offense is:

  • a Class A misdemeanor if the actor has previously been convicted one or two times of an offense under Subsection (b);
  • a state jail felony if the actor has previously been convicted three or more times of an offense under Subsection (b); or
  • a felony of the second degree if the person with whom the actor agrees to engage in sexual conduct is:
  • younger than 18 years of age, regardless of whether the actor knows the age of the person at the time of the offense;
  • represented to the actor as being younger than 18 years of age; or
  • believed by the actor to be younger than 18 years of age.

Punishment Range

Misdemeanor A

  • Confinement in jail for a term not to exceed one year
  • Fine not to exceed $4,000
  • Both such fine and confinement

State Jail Felony

  • Confinement in a state jail for not more than two years and not less than 180 days
  • In addition to confinement, may receive a fine not to exceed $10,000

Second Degree Felony

  • Imprisonment in the institutional division for not more than 20 years or less than two years
  • In addition to imprisonment, may receive a fine not to exceed $10,000

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