Prostitution / Solicitation

Law enforcement agencies in Montgomery County and numerous surrounding areas in Texas often use undercover sting operations to arrest people for alleged prostitution-related offenses. Undercover police officers may pose as either sex workers or customers before other officers assist in arresting the alleged offender once an alleged agreement to exchange money for sex has been made.

In addition to being incredibly embarrassing, arrests relating to prostitution can also result in serious consequences. Alleged repeated offenders can face enhanced penalties if convicted.

Lawyer for Prostitution / Solicitation Arrests in Conroe, TX

If you were arrested anywhere in Montgomery County or Harris County for an alleged prostitution or solicitation offense, it would be in your best interest to quickly retain legal counsel. Evans & Powell, PLLC defends clients accused of sexual offenses in Panorama Village, Porter Heights, Oak Ridge North, Cut and Shoot, The Woodlands, Shenandoah, and many surrounding areas of Montgomery County and Harris County.

Sean Evans and Frank Powell are experienced criminal defense attorneys in Conroe who will work tirelessly to possibly get your criminal charges minimized or eliminated. Call (936) 622-2000 to have our lawyers provide a complete evaluation of your case during a free initial consultation.


Overview of Prostitution / Solicitation Crimes in Montgomery County


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Prostitution Charges in Texas

Texas Penal Code § 43.01(2) defines prostitution as a person, either in return for receipt of a fee or based on the payment of a fee by the actor or another person on behalf of the actor, knowingly:

  • offering to engage agrees to engage, or engages in sexual conduct; or
  • soliciting another in a public place to engage with the actor in sexual conduct for hire.

Prostitution offenses under Texas Penal Code § 43.02 are Class B misdemeanor crimes punishable by up to 180 days in jail and/or a fine of up to $2,000 when alleged offenders have no prior convictions. If an alleged offender has one or two prior convictions, prostitution becomes a Class A misdemeanor punishable by up to one year in jail and/or a fine of up to $4,000. Three or more prior convictions make any subsequent offense a State jail felony punishable by up to two years in state jail and/or a fine of up to $10,000.

Prostitution can be charged as a second-degree felony, punishable by up to 20 years in prison and/or a fine of up to $10,000 if, based on the payment of a fee by the alleged offender or another person on behalf of the alleged offender, the alleged offender knowingly offers to engage, agrees to engage, or engages in sexual conduct; or solicits another in a public place to engage with the alleged offender in sexual conduct for hire, and the person solicited is younger than 18 years of age, regardless of whether the alleged offender knows the age of the person solicited at the time the alleged offender commits the offense.


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Related Prostitution / Solicitation Penalties in Montgomery County

Texas also has three other criminal offenses relating to prostitution. Depending on specific circumstances, people may also be charged with any of the following crimes:

  • Promotion of Prostitution — Under Texas Penal Code § 43.03, an alleged offender commits a Class A misdemeanor if, acting other than as a prostitute receiving compensation for personally rendered prostitution services, he or she knowingly receives money or other property pursuant to an agreement to participate in the proceeds of prostitution; or solicits another to engage in sexual conduct with another person for compensation. If an alleged offender has been previously convicted of a prostitution offense, promotion of prostitution becomes a State jail felony. If the alleged offender engages in the prohibited conduct involving a person younger than 18 years of age engaging in prostitution, regardless of whether the alleged offender knows the age of the person at the time the actor commits the offense, it is a second-degree felony.
  • Aggravated Promotion of Prostitution — Texas Penal Code § 43.04 establishes that a person commits a third-degree felony punishable by up to ten (10) years in prison and/or a fine of up to $10,000 if he or she knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes. Aggravated promotion of prostitution is a first-degree felony, punishable by up to 99 years or life in prison and/or a fine of up to $10,000 if the prostitution enterprise uses as a prostitute one or more persons younger than 18 years of age, regardless of whether the alleged offender knows the age of the person at the time the actor commits the offense.
  • Compelling Prostitution — Under Texas Penal Code § 43.03, an alleged offender commits a second-degree felony if he or she knowingly causes another person by force, threat, or fraud to commit prostitution. If an alleged offender knowingly causes by any means a child younger than 18 years to commit prostitution, regardless of whether the alleged offender knows the age of the child at the time the alleged offender commits the offense, compelling prostitution is a first-degree felony.

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Texas Resources for Prostitution / Solicitation

New Friends New Life — New Friends New Life is a Texas-based 501(c)(3) nonprofit organization that “restores and empowers formerly trafficked teen girls and sexually exploited women and their children” by providing access to numerous services. Visit this website to learn how women, teens, and children can get help. You can also find answers to frequently asked questions, ways to get involved, and print newsletters as well as e-newsletters.

Miles v. State, 506 SW 3d 485 (Tex. Crim. App. 1994) — Kojuan J. Miles was convicted of the sexual assault and compelled prostitution of a 15-year-old complainant. The jury sentenced him to seven and 23 years’ incarceration respectively, and the trial court cumulated the sentences. On direct appeal, Miles asserted that the trial court erred by ordering him to serve his sentences consecutively and contended that the cumulation statute does not authorize stacking a sentence for compelling prostitution onto a sentence for sexual assault of a child when both offenses arise out of the same criminal episode and are prosecuted in a single criminal action. The Fourteenth Court of Appeals held that the trial court erred in cumulating appellant's sentences and reformed the judgment of the trial court to delete the cumulation order, and the Texas Court of Criminal Appeals affirmed the judgment of the court of appeals.


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Evans & Powell, PLLC | Conroe Prostitution / Solicitation Defense Attorney

Were you arrested for any alleged prostitution crime in Montgomery County or Harris County? Do not say anything to authorities without legal representation. Contact Evans & Powell, PLLC today.

Conroe criminal defense lawyers Sean Evans and Frank Powell represent residents and visitors arrested in communities throughout Montgomery County and Harris County, such as Splendora, Magnolia, Willis, Woodbranch, Patton Village, Pinehurst, and several others. You can have our attorneys review your case and answer all of your legal questions when you call (936) 622-2000 or fill out an online contact form to set up a free, confidential consultation.



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