No Strings Attached: Texas Prostitution and Online Solicitation Legal Defense

Facing prostitution charges in Texas can lead to serious legal consequences, from criminal fines and jail time to long-term damage to your record and personal reputation. A winning defense is possible and an experienced online solicitation attorney is often the difference between walking free or time behind bars. Some may employ defenses like suppression of evidence, plea negotiations, or dismissal strategies designed to protect their rights and future.

Online dating apps, social media, and other platforms have fueled a boom in online solicitation, sex work, and prostitution. From Only Fans to Tinder to Match.com, it’s often impossible to tell if someone is just being flirtatious or crossing into illegal solicitation. While most sites claim to monitor illegal activity, it’s ultimately the responsibility of the user to stay on the right side of the law.

Texas laws regarding prostitution and online solicitation can be vague and often misinterpreted. As an experienced online solicitation lawyer, attorney Andrea M. Kolski has successfully defended clients for over 25 years in the toughest Texas courts. Before you click on that engaging profile or respond to that flirty text, make sure you know how Texas law defines prostitution and solicitation. If you’re already in hot water, don’t panic- being charged doesn’t mean conviction… defenses matter. Let’s take a look at the legal consequences in Texas, steps to mount a strong defense against prostitution, and what you should expect under prostitution laws and penalties.

What Are the Penalties for Prostitution in Texas?

Facing prostitution charges in Texas can lead to serious legal consequences that affect far more than a person’s immediate freedom. Three main factors determine how prostitution laws and penalties apply:

• The type of offense and the number of prior convictions
• An exchange money or something of value occurred
• The involvement of minors or organized activity

Type of Offense and Prior Convictions

Prostitution charges are defined under Texas Penal Code Section 43.02. A first offense is usually a Class B misdemeanor. This can lead to up to 180 days in jail and fines as high as $2,000.

A second conviction becomes a Class A misdemeanor, which may result in up to one year in jail and a fine of up to $4,000. When someone is convicted for a third or subsequent time, the charge can rise to a state jail felony.

This increases the possible punishment to a sentence between 180 days and two years in a state jail facility, along with a fine of up to $10,000.

Exchange of Money or Other Value

Texas law considers the offer or acceptance of anything of value for sexual conduct as prostitution. It includes not only cash but also items, services, or favors.

Even when the act doesn’t occur, agreeing to the exchange matters. Online solicitation is often simply an exchange of texts and messages between parties. Prosecutors often rely on text messages, recorded conversations, or surveillance to prove intent.

Involvement of Minors or Organized Activity

Penalties grow more severe if the alleged act involves someone under 18. Confirming the age of someone online is a tricky business and often difficult to prove. If someone under the age of 18 is involved, the charge can become a second-degree felony, which carries a potential sentence of two to twenty years in prison.

Charges may also increase if the case involves promoting or managing prostitution through an organized network. These are often prosecuted as “prostitution enterprise” cases and can bring long prison terms and heavy fines.

How to Beat an Online Solicitation Charge in Texas

Texas criminal law allows for several defense strategies that may help reduce or even dismiss the case. Three main defense approaches often play a key role:

• Entrapment by law enforcement
• Lack of credible or sufficient evidence
• Violation of rights during arrest or investigation

Entrapment by Law Enforcement

Entrapment is one of the most common defenses against prostitution. It applies when officers persuade or pressure someone into committing a crime they wouldn’t have committed otherwise.

In many prostitution stings, police may pose as clients or sex workers and initiate contact. If the accused can show they were unfairly pushed into agreeing to an act they didn’t plan, the case may be dismissed. Defense attorneys often review recordings, text messages, and police reports to identify signs of entrapment.

Lack of Credible or Sufficient Evidence

Every prostitution or solicitation case relies on evidence. The prosecution must prove that an agreement for sexual services took place and that there was intent to follow through.

Sometimes, messages or recordings can be vague or misleading. A skilled defense attorney can argue that the evidence doesn’t show a clear offer or acceptance. If the proof isn’t strong enough, a judge may dismiss the case, or the prosecutor may agree to reduce the charges.

Violation of Rights During Arrest or Investigation

Law enforcement officers must follow strict rules during investigations. If they search a phone without a warrant, detain someone without cause, or fail to read rights properly, that evidence might be thrown out.

Violations of due process can weaken the prosecution’s case. With excluded evidence, the defense gains leverage to negotiate a lesser charge or complete dismissal.

Frequently Asked Questions

Can a Prostitution Charge Be Expunged in Texas?

Some prostitution charges can be removed from a person’s record, but it depends on how the case ended. If there was a charge dismissal, or a not-guilty decision, they might qualify for expunction.

Those who received deferred adjudication may be able to request an order of nondisclosure, which hides the charge from most background checks. The process can take time and must follow strict legal steps. Having a lawyer familiar with Texas criminal law can help determine eligibility and guide the filing process.

Does Texas Treat Online Solicitation Differently from In-Person Cases?

Yes, online communication often leads to separate or enhanced charges under Texas law. Messages sent through dating apps, social media, or websites can be used as evidence of intent.

Even if the meeting never occurs, agreeing to pay or receive payment for sexual activity over the internet may still lead to arrest. Online solicitation can be harder to defend because of the digital evidence involved, such as screenshots and chat logs. Still, defenses exist if the messages were:

• Vague
• Misinterpreted
• Taken out of context

What Happens if the Alleged Prostitute Is a Minor?

If the person accused of prostitution is under 18, the law treats the case very differently. Texas considers minors involved in prostitution to be victims, not offenders.

There may be a referral to child protective services instead of facing criminal prosecution. When an adult is accused of soliciting or exploiting a minor, the case can be filed as a felony and carry heavy prison time. These charges often connect to human trafficking laws, which have much stricter penalties.

Prostitution Charges in Texas

Facing prostitution charges in Texas can have lasting effects on every part of life.

At Nonstopjustice, winning is our top priority. Led by former prosecutor Andrea M. Kolski, our team brings over 20 years of trial experience defending clients across Texas, including The Woodlands, Montgomery County, and Houston. We fight to protect your rights in DWI, assault, drug, sex crime, and family law cases.

Get in touch today to find out how we can help with your case!