In the past, most prostitution-related charges in Texas were misdemeanors. That changed in 2021 when the state passed a new law that raised the penalty for offering or agreeing to pay for sexual conduct. What used to be a Class B misdemeanor is now a state jail felony, marking a major shift in how these cases are handled.
Texas became the first state to make the act of buying sex a felony. As of September 1, 2021, solicitation of prostitution was upgraded to a state jail felony, and a second offense now qualifies as a third-degree felony. Lawmakers also increased penalties for those who recruit others into sex work.
The goal behind these changes is to target demand and curb the broader trafficking system it supports, though not everyone agrees on the approach.
Prostitution, solicitation of prostitution, and promotion of prostitution are illegal in Texas. Understanding how these laws work is essential if you’re facing any kind of charge related to this offense.
In this article by experienced Texas prostitution defense lawyer Grant Scheiner, we discuss Texas prostitution laws and the consequences of being charged with these serious offenses.
Texas Prostitution Laws
With the passage of HB1540, Texas lawmakers made sweeping changes to how prostitution-related crimes are handled. The result is that anyone accused of these crimes now faces serious, long-lasting consequences—even for a first offense.
The focus of these new laws is on reducing demand, and it also expanded the scope of criminal liability to include anyone who manages, recruits, transports, or compels others to participate in prostitution, especially when minors are involved.
You don’t have to be a trafficker or operate a large ring to be charged under these statutes. Even casual, one-time conduct can lead to felony charges. The law is written broadly, which means conduct that seems minor or even legal—like texting, offering a ride, or discussing payment—may fall under one of these offenses.
Below is a breakdown of each type of prostitution-related charge under Texas law and how it’s punished:
Prostitution
Under Texas Penal Code Sec. 43.02, a person commits prostitution by knowingly offering or agreeing to receive a fee in exchange for sexual conduct. This isn’t limited to intercourse; it includes any sexual contact, such as oral sex or other acts considered sexual in nature. The statute applies equally to the person offering the service and the person agreeing to it.
Even if the money is never exchanged or the act doesn’t occur, you can still be arrested based on the agreement or offer itself. The law is more focused on the intent and communication than the follow-through.
What Penalties Can You Face?
Penalties vary depending on your criminal history:
First offense:
- Class B misdemeanor
- Up to 180 days in jail
- Fine of up to $2,000
Second or third offense:
- Class A misdemeanor
- Up to 1 year in jail
- Fine of up to $4,000
Three or more prior convictions:
- State jail felony
- 180 days to 2 years in a state jail facility
- Fine of up to $10,000
Multiple convictions raise the severity quickly. After three prior offenses, even a non-violent encounter can result in time in a state jail and a permanent felony record.
How Charges Can Be Filed Without Any Physical Act
As stated, prostitution doesn’t require physical contact to result in criminal charges. Police frequently use sting operations, where undercover officers pose as buyers or sellers on the internet or in person. If you respond to an ad, message someone back, or talk about a possible exchange, that alone may be used as the basis for arrest.
Texas law allows prosecutors to rely on vague or suggestive language as evidence. A single conversation—if interpreted as showing intent—can lead to charges. Courts have upheld arrests based on texts, phone calls, or online messages, even if no location was set or payment agreed upon. These cases often depend on how the communication is interpreted, not what was explicitly said.
Promotion of Prostitution in Texas
Promotion of prostitution is governed by Texas Penal Code Sec. 43.03. This law is aimed at people who profit from prostitution without directly engaging in it themselves. If you solicit a person to engage in prostitution with someone else or if you collect money from the arrangement, you can be charged.
Common examples include pimps, drivers, hotel staff, or anyone else who arranges or profits from the transaction. Even receiving a portion of the payment, helping find clients, or referring someone to a customer could lead to this charge.
Penalties for Promotion:
First-time offense – third-degree felony
- 2 to 10 years in prison
- Fine of up to $10,000
With a prior conviction – second-degree felony
- 2 to 20 years in prison
- Fine of up to $10,000
If a minor is involved – first-degree felony
- 5 to 99 years or life in prison
- Fine of up to $10,000
You can be charged with a first-degree felony even if you didn’t know the person was under 18. The law holds people responsible regardless of knowledge or intent when it comes to the age of the individual involved.
Aggravated and Online Promotion of Prostitution
Texas Penal Code Sec. 43.04 covers aggravated promotion of prostitution. This charge applies when someone manages, finances, or controls a prostitution operation involving two or more people. It’s designed to target people running larger operations—like brothels, escort agencies, or sex trafficking rings.
This is a step above ordinary promotion, and prosecutors often use it to go after those they believe are organizing or profiting from sex work on a broader scale.
Penalties for Aggravated Promotion:
- First-degree felony
- 5 to 99 years or life in prison
- Fine of up to $10,000
Online promotion is covered separately under Texas Penal Code Sec. 43.031. If you run a website, social media account, app, or digital platform that helps promote or facilitate prostitution, you can be charged—even if you didn’t personally earn money from the activity. The law is broad and can apply to forums, ads, and even private group chats.
Penalties for Online Promotion:
Basic offense – third-degree felony
- 2 to 10 years in prison
- Fine of up to $10,000
If you have a prior conviction or a minor is involved – second-degree felony
- 2 to 20 years in prison
- Fine of up to $10,000
Texas Penal Code Sec. 43.041 defines aggravated online promotion. If five or more people are involved in the prostitution activities facilitated by your platform, the charge increases. If two or more of them are minors, it becomes a first-degree felony, regardless of whether you knew their ages.
These laws allow prosecutors to target online operators in the same way they would someone running a physical location. Even if the platform didn’t specifically encourage prostitution, facilitating it in any way can be enough for a felony charge.
Compelling Prostitution
Texas Penal Code Sec. 43.05 covers compelling prostitution. It’s one of the most serious charges related to sex work. It applies when a person is forced, threatened, or manipulated into performing sex acts. It also covers cases where the individual involved is under 18, even if no force was used and even if the accused didn’t know the person’s age.
You can be charged if you:
- Use force, coercion, or threats to get someone to commit prostitution
- Cause a child under 18 to engage in sex work
- Use a person with a mental or physical disability in prostitution
Penalties – first-degree felony:
- 5 to 99 years or life in prison
- Fine of up to $10,000
These cases are often tied to trafficking investigations and involve law enforcement from multiple agencies. The law doesn’t require physical violence. Mental manipulation, fraud, abuse of authority, or using someone’s financial need may be enough to support the charge.
Consent is not a defense when a minor or disabled person is involved. Even if the individual appeared to agree or went along with it, the law treats it as coercion by default. These cases carry harsh penalties and almost always require skilled legal representation from an experienced Texas sex crime defense lawyer at Scheiner DWI & Criminal Defense Lawyers.
Solicitation of Prostitution
Texas has also cracked down on solicitation—the act of offering or agreeing to pay someone for sex. Under Texas Penal Code Sec. 43.021, this offense targets the buyer. It also includes payment to third parties for arranging the encounter.
The law was changed to elevate solicitation to a state jail felony, even for a first offense. That means more people now face felony charges for conduct that was once a misdemeanor.
Penalties for Solicitation:
First offense – state jail felony
- 180 days to 2 years in a state jail
- Fine of up to $10,000
One prior conviction – third-degree felony
- 2 to 10 years in prison
- Fine of up to $10,000
If the person solicited is under 18 or believed to be – second-degree felony
- 2 to 20 years in prison
- Fine of up to $10,000
If the act takes place near a school or school event – sentence enhancement may apply
What Counts as Solicitation
In many cases, no sex act ever takes place. An offer, a message, or a conversation is enough. Police often use decoys on dating apps or classified websites. If you respond to an ad or message an undercover officer, you may be arrested even if the conversation stops short of making plans.
You can also be charged if you thought the person was a minor—or even if law enforcement can argue that you should have known. Screenshots, payments made through apps, and even cash in your car can be used as evidence.
Solicitation charges may result in being labeled a sex offender, even if the case doesn’t involve a child. The long-term impact of a felony conviction makes these cases extremely serious.
Difference Between a Prostitute and an Escort
Understanding the legal distinctions between prostitution and escorting in Texas is important because while both involve paid companionship, the intent and legality differ depending on what is offered and how. These differences may seem subtle, but they can have serious legal consequences.
Escorting Is Legal—With Limits
In Texas, working as an escort is not a crime if the services are strictly non-sexual. Escorts are allowed to charge clients for their time, whether that involves attending social events, traveling together, or providing company in a non-intimate setting. As long as the agreement is limited to companionship and no sexual activity is offered or expected, the arrangement stays within legal bounds.
However, the legality ends the moment there’s an explicit or implied exchange of sexual conduct for money. If the escort offers—or hints at offering—sex in return for payment or anything of value, it may meet the legal definition of prostitution under Texas Penal Code Sec. 43.02.
Prostitution Involves Sexual Conduct for Pay
Prostitution occurs when someone offers, agrees to, or engages in sexual conduct in return for compensation. This can include intercourse, oral sex, or other sexual acts. If two people agree to exchange sex for money, prosecutors can file charges even if no sexual contact ever takes place. The conversation itself may be used as evidence, depending on how it’s interpreted.
Intent and Communication Matter
The difference between escorting and prostitution often comes down to what is said, what’s implied, and how payment is discussed. That’s why, even without a direct offer of sex, coded language, winks, or vague suggestions can raise red flags. Courts and law enforcement look at the full picture: text messages, verbal exchanges, body language, and timing. If an escort implies that sex is part of the arrangement—even without saying so outright—they may still be charged.
In short, escorting can be legal if it’s strictly non-sexual. But once sexual services are offered in exchange for anything of value, the situation may cross the line into criminal conduct—and that line is closely monitored by law enforcement.
Experienced Texas Prostitution Defense Lawyer
If you’ve been charged with prostitution, solicitation, or promotion in Texas, you need a skilled defense lawyer who understands the way these cases are built and what it takes to challenge them effectively. Prosecutors often rely on vague communication, undercover sting operations, or misunderstood intent—not hard evidence.
That makes it critical to have someone on your side who knows how to expose weak points in the state’s case. At Scheiner DWI & Criminal Defense Lawyers, we have years of experience defending clients against a wide range of prostitution-related charges, including those involving online ads, texting, or mistaken identity.
In many cases, charges stem from interpretation rather than direct action, and people are arrested before anything even happens. We’ve seen how misleading evidence and aggressive tactics can lead to unfair arrests. Our job is to push back—immediately and effectively.
Led by Board Certified Criminal Law attorney Grant Scheiner, our team understands how to challenge assumptions, suppress flawed evidence, and hold law enforcement accountable when they cross legal boundaries. We know the difference between actual intent and speculation, and we fight to make sure that distinction matters in court.
Whether you’re facing a misdemeanor charge or a serious felony accusation, we treat every case with the urgency it deserves. A conviction can carry lifelong consequences, and avoiding that outcome starts with choosing the right defense team.
If you’re facing charges, contact Scheiner DWI & Criminal Defense Lawyers today to schedule a confidential consultation with an experienced Texas prostitution defense lawyer.
Locations in Texas where our skilled legal team has helped defend individuals falsely accused of solicitation and prostitution includes Houston, Pearland, League City, San Antonio, Llano, Austin, and more.