Felony Solicitation of Prostitution

Soliciting prostitution is considered a serious crime in the State of Texas. As of September 1, 2021, the crime of purchasing or buying sex is now a state jail felony. It was previously a class B misdemeanor.

A person arrested for solicitation of prostitution may face incarceration and hefty fines. Sex crime charges can be life-altering. If you or someone you know has been arrested felony solicitation of prostitution, it is in your best interest to contact legal representation immediately.

Austin Felony Solicitation of Prostitution Attorney, TX

Being accused of solicitation of prostitution is extremely serious. A solicitation charge can ruin your reputation and can have permanent repercussions on your life even if you are never convicted. If you have been arrested for felony solicitation of prostitution, contact a skilled defense attorney at The Law Office of Jackson F. Gorski.

Jackson Gorski has years of experience in TX criminal courts and can protect your rights, no matter how severe the charges. Call 512-960-4646 to schedule your first, free consultation. The Law Office of Jackson F. Gorski serves people throughout the greater Travis County area including Austin, Del Valle, Lago Vista, Bee Cave, and West Lake Hills.


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Information Center

  • Felony Solicitation of Prostitution
  • Penalties for Felony Solicitation of Prostitution
  • Defenses for Felony Solicitation of Prostitution
  • Statute Of Limitations
  • Additional Resources

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Felony Solicitation of Prostitution

Soliciting a prostitute is illegal in Texas. § 43.021 of state law defines this sexual offense. A jury has enough to convict an individual of this offense if they knowingly offer money to a person for sexual favors. The individual should make sure they read that definition carefully. For the state to accuse the individual of this sexual crime, actual intercourse doesn’t need to happen. All that’s required is a verbal (written or electronic) offer to pay someone with the intention to receive sexual acts from the payment recipient.


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Penalties for Felony Solicitation of Prostitution

Recently, Texas became the first state to make paying for sex a felony offense. A felony conviction ensures that an individual faces a lengthy prison sentence. Specifically, if convicted, the individual faces serving up to two years in state jail and paying up to $10,000.

However, if this isn’t the individual’s first time being convicted of solicitation, the felony increases to third-degree, and the punishment increases; for example, the individual can serve up to ten years behind bars for a third-degree felony and pay up to $10,000. The felony becomes second degree if the prostitute was younger than eighteen, regardless of whether the individual knew the person’s actual age. This is another sentence enhancement that will increase incarceration time.


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Defenses for Felony Solicitation of Prostitution

Soliciting a prostitute is a unique offense because communication of an individual’s intent alone is enough to land them behind bars. Suppose they tried to buy a sex worker. The sex worker turned out to be an undercover cop. They cannot engage in intercourse with an undercover agent. Still, they’ve committed solicitation of a prostitute because they demonstrated an intention to pay for sex. Fortunately, there are always defenses to any felony offense.

Common defenses include:

  • Lack of intent (e.g., maybe the individual was joking or pulling a prank)
  • False testimony
  • Mistake of fact (e.g., the individual withdrew money from an ATM for an unrelated purpose)
  • Entrapment

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Statute Of Limitations

Most crimes come with a statute of limitations. The statute of limitations is the deadline by which the state must file charges against an individual. If the statute of limitations runs, the state is barred from bringing this particular charge against the individual unless an exception applies. In this case, a Texas prosecutor has ten years to bring a solicitation of the prostitution felony charge.


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Additional Resources

Texas Prostitution Laws – The Findlaw’s website provides information regarding pimping, pandering, and soliciting. It explains possible punishments, classifications of sexual misconduct, and possible defenses.

Texas Title 9 Chapter 43 Subchapter A. Prostitution – The Texas Statutes’ website provides a lengthy breakdown of prohibited sexual acts in public and whether they are felony or misdemeanor offenses.


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Georgetown Felony Solicitation of Prostitution Attorney, TX

Retaining legal counsel is the best defense you can take to charges for prostitution. Jackson Gorski at The Law Office of Jackson F. Gorski has years of experience in criminal law. He understands people make mistakes, which is why all of his clients are treated with dignity and respect.

Call 512-960-4646 to schedule your first consultation, for free. The Law Office of Jackson F. Gorski handles sex crime cases all throughout the State of Texas including Lockhart in Caldwell County, Georgetown in Williamson County, Austin in Travis County, Bastrop in Bastrop County, and San Marcos in Hays County.


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