Are Prostitution and Solicitation of Prostitution Felonies?

 Posted on May 29, 2025 in Sex Crimes

As a result of a greater awareness of human trafficking, the laws concerning prostitution and solicitation of prostitution in Texas were overhauled in 2021. Under Texas law, solicitation of prostitution occurs when a 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. Before the changes in the laws, solicitation of prostitution was a misdemeanor.

Texas became the first state in the United States to make a first offense for solicitation of prostitution a state jail felony. If you are facing charges of solicitation of prostitution or prostitution, you should take the charges very seriously. Speaking to a Hood County, TX criminal defense attorney is the best step you can take to ensure your rights and your future are protected.

What Are the Penalties for Solicitation of Prostitution and Prostitution?

It is illegal to ask for sex in exchange for payment of any type, which means that even if no actual sexual conduct occurred and no money was exchanged, a person can be convicted of solicitation of prostitution. A first-offense conviction for this offense is punishable by up to two years in jail and a maximum fine of $10,000.

A prior conviction for solicitation of prostitution makes the current charge a third-degree felony. If the prostitute is under the age of 18, solicitation of prostitution becomes a second-degree felony. A third-degree felony conviction is punishable by up to 10 years in prison and a $10,000 fine, while a second-degree felony conviction is punishable by up to 20 years in prison.

A person who knowingly agrees to receive money from another person to engage in sexual conduct can be charged with prostitution, which is a Class B misdemeanor. A conviction for a Class B misdemeanor can result in up to 180 days in jail and a maximum fine of $2,000. A person with two or more prior convictions for prostitution could be charged with a Class A misdemeanor that can result in up to one year in jail and a fine of $4,000.

Three or more prior prostitution convictions can bump up the charges to a state jail felony. The crime of prostitution can also be enhanced by one degree (A Class B misdemeanor becomes a Class A misdemeanor, and a Class A misdemeanor becomes a state jail felony) if the offense occurs near a school, a school function, or an event held by the University Interscholastic League.

Collateral Consequences of a Conviction for Solicitation of Prostitution or Prostitution

In addition to the criminal penalties for these offenses, this type of crime can cause serious harm to a person’s reputation. Prostitution and solicitation of prostitution are considered crimes of moral turpitude, which means they can impact immigration status or professional licensing.

A felony conviction can make it difficult to obtain employment in the future, and those attending an institute of higher education could face disciplinary actions, lose scholarships, and be prohibited from obtaining a federal student loan. A felony conviction can even make it difficult to rent an apartment and can negatively impact child custody decisions.  

Common Defenses to Solicitation of Prostitution and Prostitution

While few crimes can really benefit from claiming entrapment, these two crimes could definitely employ the defense of entrapment, thanks to the many "stings" carried out by law enforcement. When law enforcement induces someone to commit a crime they would not otherwise have committed, this is considered entrapment. Other common defenses to solicitation of prostitution and prostitution include:

•  Lack of evidence
• Violations of the defendant’s constitutional rights
• Lack of intent
• Violations of search and seizure laws

Contact a Hood County, TX Sex Crimes Lawyer

If you are facing solicitation of prostitution or prostitution charges, it can be very beneficial to speak to a Texas sex crimes attorney from The Law Offices of Rob Christian. Attorney Christian is a former Hood County District Attorney, which provides his clients with unique benefits as he fully understands both sides of the judicial process and has good relationships with Hood County prosecutors and judges. Call 682-936-4003 to schedule your free consultation.