How to Beat a Solicitation Charge in Texas
Texas Solicitation Lawyers
Prostitution is commonly referred to as the ‘oldest profession.’ Over the years states have taken a harder stance against the offense. Texas is no different. According to Texas DPS Crime Records Report and Statistical Information there were almost 20,000 people convicted of solicitation or prostitution offenses from 2016-2020. In September 2021 Texas took things even further and passed stricter prostitution laws. With sex trafficking cases on the rise the Texas legislature became the first in the country to make the act of soliciting a prostitute a felony. This change in the law goes directly after the ‘purchaser’ and increases the punishment from a Class B misdemeanor to a state jail felony. While these changes mean stiffer punishment if convicted, there are, ways that these charges can be defended. Now, more than ever, it is critical that you hire a qualified and experienced solicitation lawyer if you have been charged with solicitation in Texas. Call 800-499-8455 and talk to one of our defense attorneys today about your recent solicitation charge.
Possible ways to beat a Texas solicitation charge
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- You can prove police entrapment.
- You can prove you agreed to engage in the conduct against your will.
- You can prove that you didn’t know the other person was a prostitute.
- You can prove the evidence against you is insufficient or untrustworthy.
- You can prove that you did not agree to exchange money in exchange for the sex act.
- You can prove that it was legally impossible for you to have engaged in the act of solicitation.
What is Solicitation in Texas?
A person is engaged in prostitution or solicitation as defined by the Texas Penal Code if that person “knowingly offers to receive or solicit another in a public place to engage in sexual conduct for a fee.” This includes offering or agreeing to engage in sexual acts for a fee, regardless if you actually pay or receive the fee or actually engage in the sexual act. Prostitution and solicitation can take several forms in the eye of Texas law enforcement.
- Prostitution: A person commits an offense if the person knowingly offers or agrees to receive a fee from another to engage in sexual conduct.
- Solicitation of prostitution: A person commits an offense if the person knowingly offers or agrees to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another.
- Promotion of prostitution: Commonly known as pimping or pandering. A person commits an offense if, acting other than as a prostitute receiving compensation for personally rendered prostitution services, he or she knowingly: (1) receives money or other property pursuant to an agreement to participate in the proceeds of prostitution; or (2) solicits another to engage in sexual conduct with another person for compensation.
- Online promotion of prostitution: A person commits an offense if the person owns, manages, or operates an interactive computer service or information content provider, or operates as an information content provider, with the intent to promote the prostitution of another person or facilitate another person to engage in prostitution or solicitation of prostitution.
- Aggravated promotion of prostitution: A person commits an offense if he knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes.
- Aggravated online promotion of prostitution: A person commits an offense if the person owns, manages, or operates an interactive computer service or information content provider, or operates as an information content provider, with the intent to promote the prostitution of five or more persons or facilitate five or more persons to engage in prostitution or solicitation of prostitution.
- Compelling prostitution: A person commits an offense if the person knowingly: (1) causes another by force, threat, coercion, or fraud to commit prostitution; or (2) causes by any means a child younger than 18 years to commit prostitution, regardless of whether the actor knows the age of the child at the time of the offense.
What is the new solicitation law in Texas?
Under the new Texas solicitation law, solicitation is a state jail felony. This means if you are convicted of solicitation in Texas you face up to two years in prison, with 180 days minimum, and a fine of up to $10,000. A second conviction under the new law increases the charge to a third degree felony, punishable by two to ten years in prison and up to a $10,000 fine. These new stiffer punishments mean that if you are charged with solicitation in Texas you need a criminal defense firm that has decades of experience handling these types of cases. You cannot risk prison time and your future. Contact our solicitation lawyers today at 800-499-8455 to see how we can help.
How can an experienced solicitation lawyer help?
Yes, the new penalties for solicitation in Texas are harsh, but an experienced solicitation attorney can help. There are legal defenses that can be used to defend you in court, but only a criminal defense firm with years of experience can understand the nuances of these types of charges. Remember, the prosecutor only has to prove intent in solicitation cases and entrapment claims are very hard to prove. Hiring a criminal defense attorney that stands with you throughout your case is incredibly important. You should not discuss any details of your case with anyone except your defense lawyer, so call us today at 800-499-8455 to see how we can help.
Texas Penal Code Title 9, Sec. 43.021. SOLICITATION OF PROSTITUTION
Sec. 43.021. SOLICITATION OF PROSTITUTION.
(a) A person commits an offense if the person knowingly offers or agrees to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another.
(b) An offense under Subsection (a) is a state jail felony, except that the offense is:
(1) a felony of the third degree if the actor has previously been convicted of an offense under Subsection (a) or under Section 43.02(b), as that law existed before September 1, 2021; or
(2) a felony of the second degree if the person with whom the actor agrees to engage in sexual conduct is:
(A) younger than 18 years of age, regardless of whether the actor knows the age of the person at the time of the offense;
(B) represented to the actor as being younger than 18 years of age; or
(C) believed by the actor to be younger than 18 years of age.
(c) A conviction may be used for purposes of enhancement under this section or enhancement under Subchapter D, Chapter 12, but not under both this section and that subchapter. For purposes of enhancement of penalties under this section or Subchapter D, Chapter 12, a defendant is considered to have been previously convicted of an offense under this section or under Section 43.02(b), as that law existed before September 1, 2021, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision.
Added by Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 28, eff. September 1, 2021.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 29, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 30, eff. September 1, 2021.
