Understanding Texas’ New Prostitution & Solicitation Laws
Texas has significantly changed how it prosecutes prostitution-related offenses. As of September 1, 2021, Texas became the first state to make solicitation of prostitution a felony—even for first-time offenders.
✔ Soliciting prostitution (“buying”) is now a felony from the first offense.
✔ Engaging in prostitution (“selling”) remains a misdemeanor for first and second offenses.
✔ Third-time prostitution offenses are felonies.
A conviction can result in jail time, a permanent criminal record, and lasting damage to your personal and professional reputation. At Scheiner Law Group, P.C., Board Certified Criminal Defense Attorney Grant Scheiner and his legal team have extensive experience defending clients against prostitution and solicitation charges in Houston.
We understand how these cases are built—and how to take them apart to secure the best possible outcome for you.
Call 713-783-8998 now for a confidential consultation
Prostitution vs. Solicitation in Texas: Understanding the Legal Distinction
What is Prostitution?
Under Texas Penal Code § 43.02, a person commits prostitution if they:
✔ Offer to engage in sexual conduct for a fee.
✔ Agree to engage in sexual conduct for a fee.
✔ Engage in sexual conduct for a fee.
What is Solicitation of Prostitution?
Under Texas Penal Code § 43.021, a person commits solicitation of prostitution if they:
✔ Knowingly offer or agree to pay a fee to another person for sexual conduct.
The key difference: Prostitution charges target the seller of sexual services, while solicitation targets the buyer—and the penalties are far more severe for buyers.
Texas Penalties for Prostitution & Solicitation
Prostitution Charges (Selling or Offering Sexual Services for a Fee)
| Offense | Charge Level | Penalties |
| 1st Offense | Class B Misdemeanor | Up to 180 days in jail & $2,000 fine |
| 2nd Offense | Class A Misdemeanor | Up to 1 year in jail & $4,000 fine |
| 3rd Offense or More | State Jail Felony | 180 days – 2 years in a state jail facility & up to $10,000 fine |
Solicitation of Prostitution Charges (Paying or Agreeing to Pay for Sexual Conduct)
| Offense | Charge Level | Penalties |
| 1st Offense | State Jail Felony | 180 days – 2 years in a state jail facility & up to $10,000 fine |
| 2nd or Subsequent Offense | Third-Degree Felony | 2 – 10 years in prison & up to $10,000 fine |
| Soliciting a Minor (Under 18 Years Old) | Second-Degree Felony | 2 – 20 years in prison & up to $10,000 fine |
Why Did Texas Make Solicitation a Felony?
✔ Targeting Buyers Over Sellers: Texas lawmakers aimed to reduce demand for prostitution by imposing harsher penalties on buyers rather than individuals engaged in prostitution.
✔ Curbing Human Trafficking: The shift to felony charges was intended to combat human trafficking by deterring those who pay for sexual services.
✔ No Knowledge of Age Defense: Soliciting a minor for sex is a Second-Degree Felony, even if the accused did not know the person’s age.
Common Arrest Scenarios in Houston
✔ Undercover Female Officers – A female officer poses as a prostitute and attempts to get individuals to verbally or non-verbally agree to a specific amount of money in exchange for sexual acts. Even a head nod or gesture can lead to an arrest.
✔ Undercover Male Officers at Massage Parlors & Clubs – Male officers posing as customers engage with women at strip clubs, massage parlors, or bars, attempting to lure them into agreeing to sexual conduct for a fee. Officers may spend taxpayer money on drinks or participate in massages to strengthen their cases.
✔ Lack of Video or Audio Evidence – In many cases, undercover officers claim that no recordings exist due to “lack of a place to conceal a microphone or camera.” Jurors are often skeptical of these claims.
If you have been arrested for Prostitution in Houston, hiring an aggressive and experienced criminal defense attorney is the best way to fight the charges.
Call 713-783-8998 now to discuss your legal options
Defenses to Prostitution & Solicitation Charges
✔ Entrapment – Law enforcement officers cannot induce a crime that the accused would not have otherwise committed.
✔ Lack of Agreement or Intent – If there was no clear agreement on a fee for sexual conduct, the case may not meet the legal standard for prosecution.
✔ Insufficient Evidence – Without clear video, audio, or witness testimony, the state may not be able to prove the charge beyond a reasonable doubt.
✔ Unlawful Arrest & Police Misconduct – If police officers violated constitutional rights, failed to follow legal procedures, or engaged in misconduct, the case may be dismissed.
If you are facing charges, you need an aggressive defense strategy to protect your record, reputation, and future.
Call 713-783-8998 now to discuss your legal options
Protect Your Reputation & Your Future
Even a misdemeanor conviction for Prostitution or Solicitation of Prostitution can have lasting consequences, including:
✔ Job loss or difficulty finding employment
✔ Social stigma and damage to personal relationships
✔ Immigration consequences for non-U.S. citizens
✔ Restrictions on professional licenses and certifications
At Scheiner Law Group, P.C., we aggressively defend clients facing these charges and will fight to clear your name.
Call 713-783-8998 now for a confidential consultation
Why Choose Scheiner Law Group, P.C.?
✔ Decades of experience defending misdemeanor and felony cases
✔ Board Certified Criminal Defense Attorney Grant Scheiner
✔ Aggressive, strategic defense tailored to your case
✔ Proven success in fighting false accusations and overzealous prosecutions
Your freedom, reputation, and future are on the line. Let us build your strongest defense today.
Call 713-783-8998 now to speak with an attorney