I was surprised to realize we don't have a thread in the legal forum on what constitutes plain-vanilla, first-offense prostitution in Texas, so here it is.
The following is the Texas statute making unaggravated prostitution a crime:
Texas Penal Code Sec. 43.02. PROSTITUTION.
(a) A person commits an offense if he knowingly:
to engage, agrees
to engage, or engages
in sexual conduct
for a fee; or
another in a public place
with him in sexual conduct for hire.
(b) An offense is established under Subsection (a)(1) whether the actor is to receive or pay a fee. An offense is established under Subsection (a)(2) whether the actor solicits a person to hire him or offers to hire the person solicited.
(c) An offense under this section is a Class B misdemeanor....
See Texas Penal Code § 43.02
(emphasis above is mine).
A Class B misdemeanor in Texas is punishable by up to 180 days in county jail and a $2,000 fine.
(1) deviate sexual intercourse, which is any contact between the genitals of one person and the mouth or anus of another person;
(2) sexual contact, which is any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person; and
(3) sexual intercourse, which is any penetration of the female sex organ by the male sex organ.
See Texas Penal Code § 21.01
The courts define "fee"
and "for hire"
broadly to include basically anything of value. In other words, the prosecution does not have to prove cash was involved. For more information, see:
"What constitutes a 'fee' under the Texas prostitution statute"
So with the foregoing in mind, a person can commit the offense of prostitution by:
(1) making an offer,
(2) accepting an offer, or
(3) soliciting a person in a public place
to engage in sexual conduct for a fee, or
(4) engaging in sexual conduct for a fee.