Prostitution and solicitation
Until 2021, prostitution and solicitation were both in section 43.02 of the Penal Code. The Legislature split them: section 43.02 now covers the seller—offering or agreeing to engage in sexual conduct for a fee—and section 43.021 covers the buyer—offering or agreeing to pay for sexual conduct. Texas treats buyers more harshly than sellers.
For the seller, a first offense is a Class B misdemeanor, a second is a Class A misdemeanor, and a third is a state-jail felony. For the buyer, the first offense is a state-jail felony. Prior convictions, including guilty pleas, nolo contendere pleas, and deferred adjudications, count for enhancement under these sections. But the State cannot stack enhancements under both section 43.02 and Subchapter D of Chapter 12 of the Penal Code.
A person who engaged in prostitution because of human trafficking or compulsion has a defense to prosecution under section 43.02.
Sting operations
Most prostitution and solicitation arrests in Texas come from undercover operations. Officers pose as sellers or buyers online or in person, arrange a meeting, and make the arrest when the target arrives or agrees to terms. The defense in these cases focuses on what was actually said: did the defendant agree to pay for sexual conduct, or was the conversation ambiguous? Undercover officers sometimes lead the conversation toward incriminating language, and the recordings do not always support the State’s characterization.
Promotion of prostitution
Promotion of prostitution under section 43.03 is a more serious offense: knowingly operating, managing, or investing in a prostitution enterprise. It is a state-jail felony, or a second-degree felony if the enterprise involves a person under eighteen. Compelling prostitution under section 43.05 (using force, threat, or fraud) is a first-degree felony.
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