Is Having a "Sugar Daddy" Considered Prostitution?

 Posted on February 21, 2025 in Sex Crimes

Prostitution refers to the direct exchange of money for sexual services. Although many prostitutes claim that they are being paid for their time rather than for sex, this argument almost never works. It is often quite clear that when a sex worker is paid for an hour of her time, there is an understanding that she is expected to have sex with the client during that time. The relationship is very transactional, and a sex worker may not see a client more than one time. In "sugar dating," there is a relationship element that is not present in ordinary prostitution cases. However, there is generally an expectation that the sugar baby will offer sex and the sugar daddy will provide monetary "gifts." 

This leaves sugar relationships in a legal gray area. Some sugar daters cross the line into committing the offense of prostitution, while others do not. If you have been arrested for prostitution or solicitation while in a sugar dating relationship, you need an experienced Houston, TX prostitution attorney to fight for you. This type of conviction can destroy your reputation and limit your future career opportunities.

Transactional Versus Relationship-Based Sex

It is perfectly legal for two adults who are friends or in a dating relationship to have consensual sex. It is also legal to give gifts. However, you can be arrested for prostitution if it appears that the gift is not really a gift but payment in exchange for sex. The overall pattern of your relationship can matter a lot. Consider the following examples: 

• Example 1 - Lucy has a standing appointment with Steve, who she considers her sugar daddy. Every Friday, she goes to his home for an hour. She and Steve have agreed that he will pay her $200 for each visit. The pair has sex during every visit and does not see each other at any other time. This is a fairly clear-cut example of prostitution, and both parties could be charged with a crime. 
• Example 2 - Gary goes on a date with his sugar daddy, Joe, every week. Gary and Joe agree on how much Gary will be paid per date in advance. The pair usually goes out to dinner before returning to Joe’s home to have sex. This relationship may fall into a legal gray area, and it cannot be determined whether either party should be convicted of a crime without more information. 
• Example 3 - Ann, a college student, meets Alan, a wealthy older man. They enjoy each other’s company and spend time together spontaneously, without the expectation of payment. Alan occasionally gives Ann gifts of varying amounts when they meet, knowing that she is struggling. Eventually, Ann decides that she feels comfortable having a sexual relationship with Alan. This would almost certainly not be considered prostitution. 

Contact a Houston, TX Prostitution and Solicitation Attorney

Murphy & McKinney Law Firm, P.C. is highly experienced in complex prostitution cases. Knowledgeable Harris County, TX prostitution and solicitation lawyer Doug Murphy will strive to show that your sugar dating relationship was within the bounds of the law. Contact us at 713-229-8333 for a complimentary consultation.