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Prostitution

Dallas Prostitution Lawyer

Defending Against Prostitution Charges in Texas

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 professional 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.

Call us today at (214) 238-9392 or contact us online to schedule a consultation with our prostitution lawyer in Dallas.

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.

Promoting Prostitution

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.

Underage Prostitution

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.

What are the Penalties for Prostitution in Texas?

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.

Common Defenses Against Prostitution Charges

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.

FAQs About Prostitution

Can you be charged with prostitution based on online messages?

Yes. Text messages, online conversations, and other electronic communications may be used as evidence in a prostitution-related investigation. However, the meaning and context of those communications matter. A criminal defense attorney can review the messages and other evidence to determine whether the prosecution can establish the required elements of the alleged offense.

Can prostitution charges be dismissed in Texas?

Prostitution charges may be dismissed in certain circumstances, such as when the evidence is insufficient, a legal defense applies, or a procedural issue affects the prosecution. However, dismissal is not guaranteed. A lawyer can review the facts, assess the strength of the state’s case, and identify possible ways to challenge the charges.

Will a prostitution conviction stay on your criminal record?

A prostitution conviction can create a criminal record that may affect employment opportunities, housing applications, and other aspects of life. The consequences depend on the offense and the outcome of the case. An attorney can explain whether options such as deferred adjudication or other forms of relief may be available.

Should you hire a criminal defense attorney for a prostitution charge in Texas?

Hiring a criminal defense attorney can help you understand the charges, protect your rights, and evaluate your legal options. An attorney may investigate the circumstances of the arrest, examine the prosecution’s evidence, negotiate with prosecutors when appropriate, and represent you in court. Because prostitution-related charges can carry serious consequences, obtaining legal guidance early in the process can be beneficial.

Contact Our Dallas Prostitution Lawyer Today

If you are facing prostitution charges, securing experienced legal representation can be an important step in protecting your rights and preparing your defense. A conviction may carry serious consequences, including fines, possible jail time, and a lasting criminal record. We can help you understand the charges against you, explain your legal options, and identify potential defenses based on the circumstances of your case. From reviewing the evidence to challenging the prosecution’s allegations and representing you in court, having legal guidance can help you navigate the criminal justice process. Contact our office today to discuss your situation and learn how we can assist with your prostitution defense case.

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

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  • Former Federal Prosecutor & Military Judge
    Attorney Patrick J. McLain's years of experience across the aisle provide him with a unique perspective.
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    Patrick J. McLain has helped thousands secure a better future with tenacious representation.
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  • Over Two Decades in the U.S. Marine Corps
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