Dallas Prostitution Lawyer

Put a Former Federal Prosecutor & Military Judge on Your Case

In the face of criminal charges for prostitution, you will need a formidable advocate to champion your defense. Penalties upon conviction for prostitution in Texas are very serious, so it is critical that you enlist the legal support of an experienced legal processional to fight any harsh accusations. Attorney Patrick L. McLain is a former federal prosecutor and military judge who will put his experience to use as he fights for your defense in Dallas court.

Is Prostitution Legal in Texas?

No, prostitution is not legal in Texas. Under Texas law, a person commits the crime of prostitution if they offer to, engage in, or agree to engage in sexual conduct for a fee. One can also be charged with a crime if they solicit another person in a public place and offer to pay for sexual conduct.

Note that it is considered an offense regardless of whether the actor is offered or actually receives the fee.

It is also a crime to promote prostitution, also called pimping or pandering. A person commits a crime of pimping or pandering if, acting other than as the prostitute receiving compensation for personally rendered prostitution services, they knowingly:

• receive money or other property pursuant to an agreement to participate in the proceeds of prostitution; or
• solicit another to engage in sexual conduct with another person for compensation.

A person commits an offense of managing a prostitution enterprise if they knowingly own, invest in, finance, control, supervise, or manage an enterprise that involves 2 or more prostitutes.

Another illegal offense involving prostitution is one where the defendant knowingly causes a child under the age of 18 to commit prostitution, regardless of whether the defendant knew the age of the child or not. Additionally, the solicitation of prostitution -- such as inquiring about a sex worker's rate -- is charged as prostitution under Texas prostitution laws.

It is also a serious crime to compel prostitution, which involves a person knowingly causing by any means a child younger than 18 years to commit prostitution, regardless of whether the actor knows the age of the child at the time.

Sentencing Guidelines

Depending on the nature and severity of the crime, the prostitution offense can be charged as a misdemeanor or a felony. If no aggravating factors are present, prostitution or solicitation can be charged as a Class B misdemeanor or a Class A misdemeanor if the defendant has 1 or 2 previous convictions for prostitution, solicitation, or pimping. A Class B misdemeanor is punishable by up to 180 days in jail and a fine of up to $2,000, and a Class A misdemeanor is punishable by up to 1 year in jail and a fine of up to $4,000.

A defendant could face a state jail felony that carries 6 months to 2 years in a state jail facility and a fine of up to $10,000 if they have 3 or more previous convictions for prostitution or solicitation or for repeat offense of pimping.

It is a third degree felony for owning, financing, controlling, or managing a prostitution enterprise with 2 or more prostitutes punishable by up to 10 years in prison and up to $10,000 in fines. In the following situations, the defendant could face a second degree felony punishable by 2-20 years in prison and a fine of up to $10,000: 

• the person solicited is younger than 18 (regardless of whether the perpetrator knew at the time);
• the perpetrator believed the person solicited was younger than 18;
• they pimped the services of someone younger than 18;
• they compelled a child younger than 18 to commit prostitution.

Lastly, it is a first degree felony to own, finance, control, or manage a prostitution enterprise with 2 or more prostitutes, where at least one is under 18 years old. A first degree felony could result in 5 years to life in prison, as well as a fine of up to $10,000.

Defend Against Your Prostitution Charge in Dallas

The consequences for prostitution crimes in Texas are very serious and could impact the rest of your life. As a result, it is imperative that you consult an experienced and driven attorney who knows how to strategize a compelling defense against your charges. For instance, possible defenses you and an attorney could argue are: 

• intoxication;
• entrapment by an undercover police officer;
• duress (the defendant was under threat of bodily harm if they did not commit the sexual contact for a fee);
• lack of knowledge.

If you are facing prostitution charges in Dallas, contact the Law Offices of Patrick L. McLain, PLLC immediately. We can take a look at your case and work with you to build a defense against your particular charges.

For more information about how we can help, schedule a free consultation with the Law Offices of Patrick L. McLain, PLLC online or by phone at (214) 238-9392 today.