What is Prostitution

What is Prostitution

What is Prostitution

Today we tackle a simple, yet complex question: what is prostitution? Specifically in Texas, what is prostitution and how is it punished. Some might think this is a simple answer, but generally it is not and it costs people a severe criminal punishment. And this punishment simply comes as a mistake of fact or circumstance. But when it happens, it blows up in their faces and can cost them seriously.

Prostitution under the Texas Penal Code

The Texas Penal Codes defines the crime and punishment of prostitution as follows:

Sec. 43.02.  PROSTITUTION.

(a)  A person commits an offense if the person knowingly offers or agrees to receive a fee from another to engage in sexual conduct.

(b)  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.

(c)  An offense under Subsection (a) is a Class B misdemeanor, except that the offense is:

(1)  a Class A misdemeanor if the actor has previously been convicted one or two times of an offense under Subsection (a); or

(2)  a state jail felony if the actor has previously been convicted three or more times of an offense under Subsection (a).

(c-1)  An offense under Subsection (b) is a Class B misdemeanor, except that the offense is:

(1)  a Class A misdemeanor if the actor has previously been convicted one or two times of an offense under Subsection (b);

(2)  a state jail felony if the actor has previously been convicted three or more times of an offense under Subsection (b); or

(3)  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.

As you can see prostitution is the act as well as agreeing to commit the act. This is where people can get in trouble.

Undercover cops merely have to ask and confirm that you are willing to perform the act on an agreed price. If both parties agree, then prostitution has occurred. A prostitution charge or conviction on your record can lead to loss of jobs and other issues.

What to Do

Are you asking what is prostitution because you may be in trouble? Saldivar Brannan Law Firm is your law firm. We are here to help you navigate your decisions in these matters and always available for a call. Contact us HERE and we will be there to help you as soon as possible. We are your affordable, friendly, neighborhood attorneys.

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