In September of , Texas made some drastic and somewhat controversial changes to its prostitution laws in an effort to combat human trafficking. Texas law no longer classifies solicitation of prostitution as a Class B misdemeanor. Now, solicitation is classified as a state jail felonyβ making Texas the only state to classify solicitation as a felony. In Texas, prostitution is a crime.
When a person solicits another person in a public space for sexual conduct, they can be charged with the crime of soliciting prostitution. Simply displaying behavior that shows the intent to commit the offense is enough for an officer to make an arrest. Promoting prostitution, also known as pimping or pandering, is also a crime. The promotion of prostitution occurs when one person solicits another to engage in sexual contact with a third party. It can also occur when a person receives money or other proceeds from an agreement to participate in the proceeds from prostitution.
Compelling prostitution is a serious crime in which a person knowingly causes a child under the age of 18 to commit prostitution. A person can be charged with compelling prostitution regardless of whether or not they knew the age of the child. Before the laws around prostitution were changed in , prostitution charges were generally classified as follows:. The changes made in to the laws around prostitution have put much harsher penalties onto charges of solicitation and pimping.
The most notable change is that while the penalties for prostitution remain the same, the penalties for solicitation have changed from a Class B misdemeanor to a state jail felony. Currently, prostitution charges are classified as follows:.
Those who view the classification of prostitution charges may notice a general trend in the severity of charges when children are involved. Texas aims to protect children from being used or coerced into prostitution, so Texas law places much harsher consequences on charges of prostitution involving individuals under the age of For example, a first offense for solicitation would be classified as a state jail felonyβ unless the person being solicited was under In that case, the solicitation charge is elevated to a second-degree felony.
