Promotion of Prostitution
Promotion of prostitution under section 43.03 of the Penal Code means knowingly receiving money or other property pursuant to an agreement to participate in the proceeds of prostitution, or soliciting another to engage in sexual conduct with another person for compensation. The actor must be acting other than as a prostitute receiving compensation for personally rendered services. It is a third-degree felony. If the actor has a prior conviction under the same section, it becomes a second-degree felony. If any person involved is under eighteen, it becomes a first-degree felony, regardless of whether the actor knew the person’s age.
Aggravated Promotion of Prostitution
The related but distinct offense of aggravated promotion of prostitution under section 43.04 covers knowingly owning, investing in, financing, controlling, supervising, or managing a prostitution enterprise that uses two or more prostitutes. That offense is a first-degree felony.
Compelling Prostitution
Compelling prostitution under section 43.05 is a first-degree felony. It covers causing another by force, threat, coercion, or fraud to commit prostitution; causing by any means a child under eighteen to commit prostitution (regardless of whether the actor knew the child’s age); or causing by any means a disabled individual to commit prostitution.
How the Cases Are Built
Promotion cases are often built through undercover operations, surveillance of massage parlors or other businesses, financial records, and cooperating witnesses. The State targets people it believes are running the operation, collecting money, or recruiting. Phone records, text messages, money transfers, and lease agreements are common evidence.
How the Cases are Defended
The defense often turns on the defendant’s actual role: whether they knew that the business involved prostitution, whether they received proceeds or solicited others, and whether the State can prove each element of the specific offense charged. In aggravated-promotion cases under section 43.04, the State must also prove that the enterprise used two or more prostitutes.
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If you have been convicted and need an appeal, email us at [email protected].