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Old 04-23-2011, 02:08 PM   #1
ShysterJon
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Exclamation Fundamentals of Texas Prostitution Law

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:
(1) offers to engage, agrees to engage, or engages in sexual conduct for a fee; or
(2) solicits another in a public place to engage 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.

"Sexual conduct" includes:
(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.
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Old 04-23-2011, 03:50 PM   #2
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Would this be the same for "solicitation"?
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Old 04-23-2011, 03:59 PM   #3
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Would what be the same for "solicitation"?
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Old 04-23-2011, 05:50 PM   #4
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would solicitation be a class B misdemeanor like prostitution?
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Old 04-23-2011, 05:56 PM   #5
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Solicitation is one of the four ways a person can commit the offense of prostitution: "solicits another in a public place to engage with him in sexual conduct for hire." When one solicits, it's solicitation. So yes, it'd also be a Class B misdemeanor, the same level of offense as the other three ways a person can commit prostitution.
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Old 04-23-2011, 05:59 PM   #6
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Isn't there a way to get a class B misdemeanor knocked down to a class C and if so how would one go about doing that and what are the punishments for a class C?
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Old 04-23-2011, 06:17 PM   #7
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Quote:
Originally Posted by SugarBeth View Post
Isn't there a way to get a class B misdemeanor knocked down to a class C and if so how would one go about doing that and what are the punishments for a class C?
Yes, hire a good lawyer. Haha. Getting a reduction in the level of an offense varies according to local practice. I have no idea what those practices are in Bexar County. In DFW, counties have various programs such as memo agreement that allow a conditional dismissal for first-offense prostitution (some counties offer this option only to the alleged prostitute, not the alleged client). Another is a reduction to Class C misdemeanor disorderly conduct or manifestation of prostitution (which is a crime under the ordinances of some cities; it's basically a ticket for being in an area where prostitution takes place). These programs usually require a combination of doing community service, paying fees, and taking a life-skills class that those who work within the criminal justice system call "hooker school" or "john school."

To learn local practices, ask around in your community.

The maximum punishment for a Class C misdemeanor under the Texas Penal Code is $500, although some violations of city ordinances can result in fines much higher. A person cannot be jailed for committing a Class C misdemeanor.
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Old 04-24-2011, 08:37 AM   #8
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Sweet... so hiring some girl to tie you up and generally mistreat you is ok.

Giggity!
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Old 04-24-2011, 05:24 PM   #9
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As long as she is not mistreating your genitals.
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Old 04-25-2011, 04:18 AM   #10
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Well, if you really really have a strong liking for the whole being tied up thing, you probably would be alright either way. Besides, if she hurts them, she might "apologize" to them later.
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Old 04-25-2011, 02:49 PM   #11
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So if it is not done in a "public place", are you off the hook?
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Old 04-25-2011, 02:59 PM   #12
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Quote:
Originally Posted by Dstorm View Post
So if it is not done in a "public place", are you off the hook?
Define "it."
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Old 04-25-2011, 04:35 PM   #13
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The code says "or" not and.

Quote:
Originally Posted by Dstorm View Post
So if it is not done in a "public place", are you off the hook?
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Old 04-25-2011, 11:11 PM   #14
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I LOVE MY HOME STATE
ALTHOUGH THEY DON'T PLAY FAIR AND THEY AREN'T BY THE BOOK
IF YOU KNOW WHAT I MEAN. i wouldn't know first hand but I do have friends that have told be stories about them getting busted in Tx for simply running an ad on BP
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Old 04-25-2011, 11:16 PM   #15
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I guess if they want ya they'll come get ya. OH and I don't know if it's the same everywhere but TX LE doesn't have to answer yes to the ARE YOU OR ANYONE YOU KNOW AFFILIATED WITH LAW ENFORCEMENT OR ANY OTHER LAW ENFORCEMENT ANGENCIES. I know a few gals that work back home in TX that told me the cops lie and say NO they aren't LE. See that's exactly why I STRICTLY screen all callers
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