Cofer Luster Criminal Defense Lawyers | October 29, 2025 | Sex Crimes
Escorting and prostitution are two closely related terms, but they aren’t necessarily always treated the same under Texas state law. Prostitution is more or less always illegal, while escorting can become illegal under various circumstances. To play it safe, it is best not to engage in either activity.
Continue reading to learn more about the difference between these two (or lack thereof).
Escorting Under Texas Law
Broadly speaking, escorting means being paid to spend time with someone and attend social events. Escorts might accompany clients to dinners, parties, and other social gatherings. As long as no sexual conduct is discussed or expected, escorting itself isn’t necessarily a crime, but there’s a fine line.
Problems start when money is exchanged for anything sexual. A mere hint or suggestion of sex for payment can turn a legal service into a criminal act. Law enforcement often watches escort ads and websites as well because some hide illegal prostitution behind legal-sounding language.
Prostitution Under Texas Law
Prostitution is illegal in Texas under Penal Code §43.02. A person can be charged if they offer, agree, or even attempt to exchange sexual activity for money. This means that the act doesn’t have to happen; an agreement alone is enough.
Both the person offering and the person paying can face charges. A first-time offense is typically assessed as a misdemeanor, but the charges and associated penalties can escalate rapidly if aggravating factors are present. Running a prostitution business can lead to more serious felony charges in some instances as well.
The Main Differences Between the Two
While escorting and prostitution may look similar, the key differences come down to what is being offered and why money is exchanged.
Here are the main points to remember:
- Escorting: might be considered legal when payment is for time, companionship, or entertainment only
- Prostitution: illegal when payment is connected to sexual activity or a promise of sex
- Intent: no sexual intent in escorting; clear agreement in prostitution
Keep in mind, however, that the line between these two can be incredibly blurry. Although it may technically be true that escorting is legal under very limited circumstances, it is generally not worth the risk.
What to Do if You’re Accused of Prostitution
If you’re accused of prostitution in Texas, it’s important to stay calm and protect your rights. Anything you say can be used against you later, so it’s best not to answer questions until you have a criminal defense lawyer present.
Take note of the following pieces of advice so that you can protect yourself:
- Remain polite but avoid making statements or admissions.
- Ask for an attorney right away.
- Avoid discussing your case over the phone or online.
- Keep records that may reveal what actually happened.
With a criminal defense lawyer on your side, you can help ensure that your rights are thoroughly protected throughout the entire legal process.
Contact a Fort Worth Sex Crimes Lawyer at Cofer Luster Criminal Defense Lawyers if You’re Facing Charges
Escorting itself isn’t always illegal, but a misunderstanding or false accusation can quickly lead to prostitution charges. If that happens, you need a defense lawyer who understands how these cases work.
An experienced Fort Worth sex crimes attorney can review the facts and evidence against you and, from there, work toward a favorable outcome.
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