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