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What is Prostitution?A person commits a prostitution or solicitation violation under Texas Penal Code Section 43.02 if they propose to engage, agree to participate, or engage in sexual activity for a price, or solicits someone in a public place to engage in sexual conduct for money.
What Are the Punishments for Prostitution or Solicitation?Unless the accused has previously been convicted of an offense under this section one or two times, an offense under this section is a Class B misdemeanor. The crime is designated as a Class A misdemeanor in this case. If the accused has been convicted of an infraction under this section three times or more, the crime is a felony punishable by confinement in state prison. Don’t put yourself in danger of facing jail time, fines, or a criminal record. Get a prostitution defense attorney on your side against overzealous prosecutors and cops who will do everything they can to prosecute you or compel you to plead guilty. We will fight for you at the Law Office of Annie Scott to make your life whole again.
How to Defend Yourself Against Charges of Prostitution?It takes strategy, know-how, and expertise to fight against a prostitution allegation successfully. During the early phases of your case, our prostitution defense attorney will take numerous critical steps, which may include:
- A thorough inquiry of police conduct to uncover any violations of human rights or acts that may be considered entrapment
- A thorough examination of flaws in the police records, video footage, and other evidence that the prosecutor will use
- An examination of the evidence to see if there was a lack of probable cause to arrest you in your case
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- Receives money or other property in exchange for a share of the earnings of prostitution
- Persuades another person to participate in sexual activity for a fee
- Forces, threaten, or defraud someone into prostitution
- Causes a child under the age of 18 to engage in prostitution in any way, regardless of whether the accused is aware of the child’s age at the time of the conduct
EntrapmentYou’ve undoubtedly seen a TV show where an undercover cop goes on a sting operation to arrest prostitutes and johns in areas where illegal conduct is rampant. In some instances, the officer wears typical street attire and sits in an unmarked automobile until a person approaches the vehicle unintentionally. Meanwhile, the cop is wearing an undercover microphone, and the whole thing is being filmed. From the street, backup law enforcement and police squad cars are hidden. The police must wait until the individual approaching the car says anything that sounds like a sexual favors exchange. After that, the suspect is apprehended and placed into police custody to be questioned. You could believe that the individual was caught and set up during the sting operation and should not be held responsible for any illegal activity. If a person solicits sexual favors from others frequently, they cannot invoke entrapment as a defense. Entrapment as a defense would only apply in this situation if you were persuaded or pressured into trading money for sex, something you would not ordinarily do. As an unwitting spectator, you may get caught up in a sting operation. If you have been the victim of such behavior, a prostitution defense lawyer can present your case in court to have the allegations against you dropped before or during the trial.
Insufficient Probable CausePolice may sit in an unmarked automobile, looking for illicit criminal activities. The defendant may approach a car to converse with the other occupants. Both persons are detained at the same time for suspected criminal behavior and prostitution. This arrest may be unconstitutional. Without a recognized probable cause, a law enforcement agency cannot make an arrest. Before the arrest, the police officer must show that the offender intended to commit an act of prostitution. It will be up to the prosecution to persuade the court that the defendant intended to engage in prostitution beyond a reasonable doubt. In this scenario, the prosecutor must provide sufficient evidence to reach a high standard of proof, such as a tape in which the defendant consented to solicit prostitutes for a price.
IntoxicationIt’s likely that you were at a party and were inebriated when a solicitation of prostitution took place. It’s feasible that drunkenness may be used as a legal defense against prostitution solicitation or acceptance. Your prostitution defense attorney can check your police records to see if you were under the influence of alcohol at the time of your arrest. The legitimacy of the accusations would next be assessed in your situation.
Due ProcessThe arresting officer may have violated your constitutional rights. An officer may, for example, have arrested you without informing you of your Miranda rights. A cop may have misbehaved, such as engaging in sexual intercourse for monetary gain. A court may dismiss a case if a government employee or an arresting officer misbehaves and violates the code of ethics.
AgeEvery year, many youngsters flee their homes and become victims of sex trafficking. You will have a legitimate defense if you engaged in prostitution as a minor or were victim of a sex trafficking network.
Lack of KnowledgeIn most circumstances, not knowing the law is not a sufficient defense for crimes committed. To claim lack of awareness as criminal defense, your prostitution defense attorney would have to show a specific purpose. However, the prosecution may need to show that you knew the illegal action before breaking the law. Prostitution, for example, is permitted in several Nevada counties. Perhaps you participated in an unlawful activity you believed was permissible in Texas because it was legal in another state.
DuressIt is unlawful to compel or persuade another individual to engage in acts of prostitution under Texas state law. If you were threatened with violence or other acts under pressure for refusing to exchange sex for money, you could have a good case.
No Exchange of CompensationNo money is exchanged when two consenting adults meet in a hotel or a vehicle for a sexual encounter. Sexual interactions such as these are legal. Your prostitution defense attorney may claim in court that no crime was committed if there was no agreement to exchange any remuneration for sexual services. Compensation doesn’t need to be monetary. As payment for sex, a defendant may solicit or receive valuable commodities, property, or narcotics. If no forms of pay were exchanged, it is simpler for an attorney to have a prostitution allegation dropped.
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