Prostitution is a serious crime under state law that can amount to a felony offense in certain situations. Prostitution-related offenses are not limited to engaging in a sexual act in exchange for money; the state even criminalizes the act of promoting illegal prostitution.
While some may consider this a minor criminal offense, the penalties can increase upon repeat offenses. If you were recently charged, hiring a College Station prostitution lawyer could give you the best chance for success in the courtroom. Schedule a consultation with one of our seasoned criminal defense attorneys today.
What is Considered Prostitution?
The state has specific laws that address prostitution offenses in College Station. According to Texas Penal Code Annotated § 43.02, a person has committed prostitution if they knowingly offer or agree to receive a fee or the fee is offered in exchange for another person to engage in sexual conduct.
It is essential to understand that the fee offered does not necessarily have to consist of money or cash in return for sexual services. Tex. Penal Code Ann. § 43.01 defines fee as:
- Money;
- Goods;
- Services; or
- Any other benefit.
In addition to sexual intercourse, the statute notes that mere sexual contact in return for a fee is considered prostitution. Sexual contact consists of any physical touching of another person’s body intended to arouse sexual gratification.
The statute provides that it is an affirmative defense if a person committed prostitution because they were illegally compelled to do so. According to Tex. Penal Code Ann. § 43.05, compelling prostitution occurs when a person knowingly causes:
- Someone to take part in prostitution through force, threat, fraud, or coercion;
- A child younger than 18 years old to commit prostitution; or
- A disabled person to commit prostitution.
Additionally, a person has an affirmative defense to prostitution charges if they were the victim of illegal sex trafficking under Tex. Penal Code Ann. § 20A.02.
Promoting Prostitution is Illegal
The state criminalizes the act of promoting prostitution, even when the offender has not personally taken part in sexual activity, per Tex. Penal Code Ann. § 43.03. A person is guilty of promoting prostitution if they knowingly receive money or a fee resulting from an agreement to take part in the proceeds of prostitution or solicit another person to engage in sexual conduct with someone for compensation.
If an individual is found to have knowingly owned or operated a prostitution enterprise that uses two or more sex workers, the crime is upgraded to aggravated promotion of prostitution under Tex. Penal Code Ann. § 43.04. A lawyer in College Station could further explain the legalities surrounding a prostitution charge.
Penalties for Prostitution-Related Convictions
Prostitution crimes in College Station generally start as misdemeanor offenses but can get more serious depending on the circumstances. According to Tex. Penal Code Ann. § 43.02, prostitution is a class B misdemeanor.
However, the crime is upgraded to a Class A misdemeanor if the offender was previously convicted of prostitution one or two times. Class A misdemeanor offenses are punishable under Tex. Penal Code Ann. § 12.21 by a fine up to $4,000 and one-year imprisonment.
It becomes a state jail felony if the offender was convicted three or more times. Promoting prostitution is a third-degree felony under Tex. Penal Code Ann. § 43.03. However, convictions are upgraded to a second-degree felony if the offender was previously guilty of promoting prostitution. Similarly, it becomes a first-degree felony if the illegal promotion involves a person younger than 18 years old.
Aggravated promotion of prostitution is also considered a first-degree felony, according to Tex. Penal Code Ann. § 43.04. Felony convictions impose more serious penalties, including a fine of up to $10,000 and:
A College Station lawyer could review your prostitution charges and inform you of potential penalties you may be facing.
Speak with a College Station Attorney Today About Prostitution Charges
Prostitution may seem like a minor offense, but the crime can impose harsh penalties and leave you with a criminal record. This could negatively impact your life going forward and make it more difficult to find employment opportunities.
Hiring a College Station prostitution lawyer could give you the best chance of obtaining a win when facing charges. Call The Greening Law Group today to learn how we could help.
Lawyers in College Station and Waco representing cases across Texas
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