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Offering a sexual act in exchange for compensation or soliciting another person to engage in sex for money is prohibited by state law. Prostitution charges often arise from sting operations, when law enforcement officials raid establishments they believe are conducting illegal business. A criminal conviction for prostitution or solicitation can mean fines, prison time, sex offender registration, and a permanent criminal record.
The state has the burden of proving prostitution charges beyond a reasonable doubt to secure a conviction. A Conroe prostitution lawyer could determine whether there are any weaknesses in the prosecution’s case, working to get your charges reduced or dropped. When you are accused of participating in acts of prostitution, consider hiring an experienced sex crimes attorney to represent you.
Under Texas Penal Code § 43.02, it is illegal to knowingly engage in or offer sexual contact for a fee or solicit another person for sex in a public place. What makes an otherwise consensual sexual act illegal is when the act arises from someone asking for or receiving a fee. Prostitution can be anywhere from a Class B Misdemeanor (face up to 180 days in jail and fine of $2,000) up to a State Jail Felony (face up 2 years in state jail and up to a $10,000 fine).
Promoting or profiting from prostitution Texas law is also a crime, commonly known as pimping or pandering. These offenses include receiving money or other proceeds from an agreement to participate in a prostitution enterprise. For example, if someone agrees to split the fee from someone else’s act of prostitution, they may face charges for promoting prostitution. These charges also might arise when one person solicits another to engage in sexual contact with a third party. Promoting prostitution is third-degree felony and punishable by 2-10 years in prison and $10,000 fine. The charge is enhanced to a second-degree felony if you have prior conviction for promoting prostitution.
If someone is accused of causing someone under 18 to commit prostitution, regardless of whether they knew the child’s age, they may face first-degree felony charges and up to life in prison. A Conroe attorney could further explain what types of actions may fall under the criminal definition of prostitution and how a specific charge may affect potential penalties.
The penalties for prostitution range based on the type of offense and its severity, as outlined in Chapter 12 of the Texas Penal Code. Someone accused of prostitution should secure legal counsel as soon as possible, as it may be possible to contest these charges with the right defense strategy. Potential defenses against prostitution charges include:
Prosecutors treat prostitution cases seriously, but anyone facing charges has the right to present their side of the story. An experienced prostitution defense lawyer in Conroe could determine the best course of legal action based on the facts of a case.
When you are facing sex crime charges, you need a Conroe prostitution lawyer on your side. Attorney Raphael Ortega could protect your rights to the fullest extent while working with you to develop a defense strategy. He could work to negotiate a plea deal or identify problems with the prosecution’s evidence that may result in charges being dropped or reduced.
As an experienced defense attorney, Raphael Ortega understands how overwhelming an arrest and criminal case can be. He could offer support and legal representation through every stage of your proceedings to take some of this stress off your shoulders. While prosecutors do not take sex offenses lightly, he can do his best to defend against a conviction. To set up a free consultation, contact our office today.