Cofer Luster Criminal Defense Lawyers | May 4, 2025 | Sex Crimes

What is Solicitation of Prostitution in Texas?

If you’ve been accused of solicitation of prostitution in Texas, it’s important to know exactly what the law covers and what could happen next. Texas treats these charges seriously, and a conviction can have long-term effects on a defendant’s life, work, and reputation.

Difference Between Solicitation and Prostitution

Solicitation of prostitution happens when someone offers, agrees to, or tries to pay for a sexual act with money or something else of value. This covers both making an offer and accepting one. You don’t actually have to go through with the act for the law to apply; just the offer or agreement can be enough to face charges.

Soliciting prostitution and engaging in prostitution are related but distinct charges under Texas law. Engaging in prostitution means you are accused of agreeing to or actually performing the sexual act in exchange for payment. 

Solicitation is about seeking out or arranging the transaction, while engaging in prostitution is about actually providing the service. Both are crimes in Texas, but they target slightly different actions.

Penalties for Solicitation of Prostitution in Texas 

Getting convicted of solicitation of prostitution in Texas can lead to serious consequences, and the punishment gets tougher with each additional offense or if a minor is involved.

First Offense 

For a first conviction, solicitation is handled as a Class B misdemeanor. You could spend up to 180 days in jail and face a fine as high as $2,000.

Second Offense

If you are convicted a second time, the charge becomes a Class A misdemeanor. This increases the possible jail time to up to one year and raises the fine to a maximum of $4,000.

Third and Subsequent Offenses 

A third or subsequent conviction is treated as a state jail felony. Penalties can range from 180 days to two years in a state jail facility, and fines can be up to $10,000.

Soliciting a Minor

If the person you are charged with soliciting is under 17 years old, the penalties are much greater. This is a second-degree felony, which can mean up to 20 years in state prison and a fine as high as $10,000. It does not matter if you did not know the person was a minor. The law still applies, so this defense does not work in court.

These penalties show how important it is to take any charge of solicitation seriously and get help from someone who understands Texas criminal law.

Defenses to Solicitation of Prostitution in Texas

If you are facing solicitation of prostitution charges in Texas, there are some defenses that may apply. Below are some of the most common ones used: 

Lack of Intent 

One common defense is that there was no real intent to engage in a sex act for money or goods. The law requires that you actually intended to complete the transaction, not just talk or joke about it. If your words or actions were misunderstood, a lawyer can argue that you never meant to go through with the act.

Entrapment 

Entrapment happens when law enforcement pressures or persuades someone to commit a crime that they otherwise would not have committed. If an undercover officer pushed you into making an offer or taking steps you would not normally take, this could be a valid defense. 

It’s not enough that law enforcement gave you an opportunity to commit a crime – they must have pushed you to do something you truly wouldn’t have done otherwise.

Lack of Evidence 

For any conviction, the state must prove every aspect of the crime beyond a reasonable doubt. If there is not enough proof or there are flaws in the evidence, the case could be dismissed or you could be acquitted at trial. 
Your lawyer can determine what the most effective defense is for your case. Contact us today to schedule a consultation with a criminal defense attorney.

For more information, please contact the sex crimes law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:

We serve the surrounding areas of Tarrant County and Fort Worth, TX.

Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102