Compelling prostitution is a serious charge in Texas. If you’re facing charges of compelling prostitution you can be sure that the prosecution has sufficient evidence that they believe they can win in court.Before you finish reading this, you should contact our criminal defense attorneys that fight these types of cases with a solid record of success. Call Cofer Luster Law Firm, P.C. at 682-777-3336 and then if you have questions, read the following if you have any of these questions:
- What does “compelling prostitution” mean?
- How do you know if you’ve committed the crime of compelling prostitution?
- What are the penalties and punishments for the crime?
- What can you do if you’re facing charges for compelling prostitution?
Texas charges compelling prostitution and other sex crimes with more severity than the majority of other states in the union. It can be more commonly known to the average person in terms of sex trafficking or sex slavery as a subsection of human trafficking.
Compelling Prostitution Definition and What It Means To You
Compelling prostitution applies under as defined by the Texas Penal Code Section 43.05 under the two following rules:
Sec. 43.05. COMPELLING PROSTITUTION. (a) A person commits an offense if the person knowingly:
(1) causes another by force, threat, coercion, or fraud to commit prostitution; or
(2) causes by any means a child younger than 18 years to commit prostitution, regardless of whether the actor knows the age of the child at the time of the offense.
Note: The phrase “by any means” means the prosecution doesn’t have to prove force, threat, coercion, or fraud were used and is a first degree felony.
(b) An offense under this section is a felony of the first degree.
Note: Both offenses under Section 43.05 are first degree felonies.
(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.
Note: If you’re charged for one of these offenses and the other automatically applies, then you will face both charges at the same time. This means that if you receive a 20 year sentence for both, they will be added together for 40 years in total.
(d) For purposes of this section, “coercion” as defined by Section 1.07 includes:
(1) destroying, concealing, confiscating, or withholding from a person, or threatening to destroy, conceal, confiscate, or withhold from a person, the person’s actual or purported:
(A) government records; or
(B) identifying information or documents;
(2) causing a person, without the person’s consent, to become intoxicated, as defined by Section 49.01, to a degree that impairs the person’s ability to appraise the nature of the person’s conduct that constitutes prostitution or to resist engaging in that conduct; or
Note: Think date rape here. If you have used alcohol or a controlled substance, or any other method to intoxicate a person that impairs their ability to understand their choices, then this could be applied to your case. This is highly open to interpretation and should be a warning to all as this has become even more common in the last decade. If you’re facing charges based on coercion, then you need a strong criminal defense from Cofer Luster Law Firm, P.C. to investigate and fight for a dismissal of your case.
(3) withholding alcohol or a controlled substance to a degree that impairs the ability of a person with a chemical dependency, as defined by Section 462.001, Health and Safety Code, to appraise the nature of the person’s conduct that constitutes prostitution or to resist engaging in that conduct.
Note: This is a common practice to enforce compliance of a victim of compelled prostitution. Creating a dependency for alcohol or a controlled substance creates a power dynamic where the victim needs the human trafficker to provide the substance of their dependency.
What are the Penalties and Punishments for Compelling Prostitution?
Compelling prostitution in Texas is a second degree felony charge. However, if the victim that was compelled into prostitution was a minor – a person under 18 years of age in Texas – then that compelling prostitution charge is a first degree felony charge.
Punishment for the second degree felony of compelling prostitution of an adult can include:
- A sentence of 2 to 20 years in state prison
- A $10,000 fine
- Both a fine and time in state prison
Punishment for the first degree felony charge of compelling prostitution of a minor can include:
- A sentence of 5 to 99 years in state prison
- A $10,000 fine
- Both a fine and time in state prison
