Prostitution may be the “oldest profession” around; however, it’s
still illegal in the United States. In Texas, prostitution is criminalized
under Section 43.02 of the Texas Penal Code.
Under this section, a person can be found guilty of prostitution even if
they didn’t have sexual intercourse; in many cases people can be
convicted of prostitution if they engage in “sexual conduct”
What constitutes prostitution in Plano, Dallas, and the rest of the Lone
Star State? A person commits prostitution when he or she, in return for
- Offers to engage in sexual conduct
- Agrees to engage in sexual conduct
- Engages in sexual contact or conduct
- Solicits another person in public to engage in sexual conduct for money
If you notice, we mentioned “sexual conduct” above. You may
be wondering, “What counts as sexual conduct under the law?”
Sexual conduct is defined under the Texas Penal Code as “deviate
sexual intercourse, sexual contact, and sexual intercourse.”
As you can see, “prostitution” encompasses more than actual
sexual intercourse. This is because sexual contact under the law includes
touching another’s breast, genitals, or anus for the purpose of
So, if a woman were to charge a man to touch her breasts, she could technically
be charged with prostitution under
What Are the Penalties for Prostitution?
In Texas, prostitution is a
Class B misdemeanor upon a first offense. If the offender was previously convicted of prostitution
once or twice before, it’s a
Class A misdemeanor. If the offender was previously convicted of prostitution on three or more
occasions, it’s a state
As a Class B misdemeanor, prostitution is punishable by a maximum fine
of $2,000, or by up to 180 days in jail, or by both. As a Class A misdemeanor,
it’s punishable by a fine not to exceed $4,000, or by up to one
year in jail, or by a fine and imprisonment.
Accused of prostitution in Plano or Dallas?
Contact The Zendeh Del Law Firm, PLLC today for aggressive