Texas Prostitution Across State Lines

Often we have a glamorized view of prostitution. We picture Julia Roberts and Richard Gere in Pretty Woman, with a woman just trying to make the rent. But the reality isn't so glamorous. Many prostitutes are victims of human trafficking, which is the exploitation of men, women, and children for forced sex or labor for profit by a third person. Researchers at the University of Texas estimate that 313,000 people are being trafficked in Texas at any time, including 79,000 children and youth victims of sex trafficking. Researchers believe that 25 to 30% of those who are sex trafficked are children, and children and young adults most vulnerable to sex trafficking are those who have run away from home or have drug problems.

Texas ranks second in the country for reported cases of human trafficking. So, in an attempt to crack down on sex trafficking, Texas laws impose severe penalties on those who solicit prostitutes. But what if you hire a prostitute in Nevada, where it's legal, and have them come to Texas for a date? This still isn't legal, and you should understand the consequences of breaking both state and federal law if you bring someone into Texas for prostitution or if you induce them to come to Texas for the same.

Sex Trafficking and Prostitution

In 2021, the Texas legislature overhauled Texas prostitution and solicitation laws to impose more serious consequences for sex trafficking. Before September 2021, the first offense for soliciting prostitution was a Class B misdemeanor. A conviction was punishable by up to 180 days in jail. In some cases, people convicted of soliciting a prostitute for the first time faced no jail time. Now, the penalties are steeper. Your first offense for soliciting a prostitute is a state jail felony. A conviction can land you in jail for up to two years and impose up to a $10,000 fine. Before 2021, the first offense for soliciting prostitution was a Class B Misdemeanor, punishable by up to 180 days in jail.

Prostitution Laws in Texas

The Texas penal code defines prostitution as someone "knowingly offer[ing] or agree[ing] to receive a fee from another to engage in sexual conduct." Tex. Penal Code § 43.02 (2021). For those who receive money for sex, prostitution is a Class B misdemeanor for a first offense. However, the crime rises to a Class A misdemeanor if you have two or more convictions for prostitution. There are also aggravating factors that can increase the charge to a state jail felony if it occurs near a school or school function, a sporting event, or another event held by the University Interscholastic League.

The possible penalties for a prostitution conviction in Texas include:

• Class B Misdemeanor: For a conviction for a Class B misdemeanor for prostitution, you'll face up to 180 days in jail and a $2,000 fine.
• Class A Misdemeanor: A conviction for a Class A misdemeanor in Texas is punishable by up to a year in jail and a $4,000 fine.
• State Jail Felony: A conviction for a state jail felony for prostitution is punishable by up to two years in jail and a $10,000 fine.

Solicitation of Prostitution in Texas

Under Texas law, the penalties for prostitution and solicitation of prostitution are very different. Those who solicit prostitutes in Texas or out of state will face felony charges for a first offense. Texas law defines "solicitation of prostitution" as someone "knowingly offering or agreeing to pay a fee to another person to engage in sexual conduct with that person or another." Tex. Penal Code § 43.021 (2021).

A first offense for soliciting prostitution in Texas is a state jail felony. A conviction for solicitation is punishable by up to two years in jail and a $10,000 fine. A second or subsequent conviction for soliciting prostitution is a third-degree felony, punishable by up to ten years in prison and a $10,000 fine. If the prostitute is under 18 or the john believes them to be under 18, soliciting is a second-degree felony, punishable by up to 20 years in prison and a $10,000 fine.

It's important to remember that even if you import a prostitute to Texas, prostitution and soliciting prostitution are still illegal under Texas law. It doesn't matter if prostitution is legal in the originating state.

Online Solicitation of a Minor

If you are an adult and reach out to a prostitute in another state online, you could also face charges for online solicitation of a minor in Texas or the other state if the individual is under 17. Under Texas law, it's illegal to "communicate[] in a sexually explicit manner with a minor; ordistribute[] sexually explicit material to a minor," online. Tex. Penal Code § 33.021 (2021). It's also illegal to "knowingly solicit[] a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person", even if the meeting doesn't take place.

Online solicitation of a minor is a felony in Texas. It can range from a third-degree to a first-degree felony, depending on the child's age, the case's circumstances, and the time of day. Penalties increase by one degree if the solicitation happens during school hours and the solicitor knew or reasonably should have known that the child was enrolled in a public or private K through 12 school.

• Third-degree Felony: A third-degree felony conviction for solicitation of a minor in Texas is punishable by up to ten years in prison and up to a $10,000 fine.
• Second-degree Felony: A second-degree felony conviction for solicitation of a minor is punishable by up to 20 years in prison and a $10,000 fine.
• First-degree Felony: A first-degree felony conviction for solicitation of a minor is punishable by up to 99 years in prison and a $10,000 fine.

Federal Human Trafficking Laws

While the penalties in Texas for felony prostitution are serious, if you bring someone into Texas from another state for prostitution, you could also face serious federal charges. The White Slave Trade Act, also known as the Mann Act, is a federal law more than 100 years old passed to combat prostitution and human trafficking, which isn't a new problem. Originally the law made it illegal "to engage in interstate commerce of any woman or girl for the purpose of prostitution or debauchery, or for any other immoral purpose," to crack down on "immoral activity." Over the years, Congress has modified the law, narrowing its application to transporting someone across state lines for prostitution or other illegal acts. 18 U.S.C. §§ 2421-2424 (2015).

• Transporting a Prostitute: Transporting someone into Texas from another state for prostitution or illegal sexual activity is a felony under federal law, punishable by up to ten years in prison. "Whoever knowingly transports any individual in interstate or foreign commerce, or in any Territory or Possession of the United States, with intent that such individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 10 years, or both." 18 U.S.C. § 2421 (2018).
• Promotion of Prostitution: Similarly, promoting prostitution across state lines is also illegal, particularly if it happens online. Anyone owning, using, operating, or managing an "interactive computer service" and intending to promote or facilitate prostitution, is guilty of a felony under the Mann Act, punishable by up to ten years in prison. Moreover, you can face aggravated charges if you use or manage a computer network that promotes or facilitates the prostitution of five or more people or if someone "acts in reckless disregard of the fact that such conduct contributed to sex trafficking." A conviction for aggravated promotion of prostitution can result in up to 25 years in prison. 18 U.S.C. § 2421A (2018).
• Coercion and Enticement: It's not a defense to claim that you just asked someone to come to Texas and didn't participate in transporting them. A specific section of the Mann Act prohibits enticing someone to travel across state lines for prostitution: "Whoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both." 18 U.S.C. § 2422 (2008). A conviction for felony coercion and enticement under the Mann Act is punishable by up to 20 years in prison.
• Transporting Minors for Prostitution: If you transport a minor across state lines for prostitution, the penalties can be even more severe, even if you don't know their age. This crime is a felony punishable by a minimum of ten years in prison and a maximum life sentence: "A person who knowingly transports an individual who has not attained the age of 18 years in interstate or foreign commerce, or in any commonwealth, territory or possession of the United States, with intent that the individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, shall be fined under this title and imprisoned not less than 10 years or for life." You can also be charged under the Mann Act if you are the one who travels across state lines if you intend to engage in illegal sexual conduct with a minor. A conviction for this felony is punishable by up to 30 years in prison: "A person who travels in interstate commerce or travels into the United States, or a United States citizen or an alien admitted for permanent residence in the United States who travels in foreign commerce, with a motivating purpose of engaging in any illicit sexual conduct with another person shall be fined under this title or imprisoned not more than 30 years, or both." 18 U.S.C. § 2423 (2018). Under the Mann Act, the Texas Attorney General can also ask the Department of Justice to allow the state to cross-prosecute this action under Texas law. Prosecution by both federal and state authorities is not considered double jeopardy, and you could face penalties and jail time under state and federal law.

Contact Our Houston Human Trafficking Defense Lawyer

If you're facing an arrest in Texas for prostitution that crossed state lines, whether it involved an adult or a minor, you need an experienced criminal defense lawyer immediately. You could face state charges in Texas for solicitation of prostitution or federal charges under the Mann Act for human trafficking. All of these crimes are felonies that carry steep penalties and prison time. You need someone who is well-versed in Texas and federal criminal law protecting your rights through the criminal justice system. Attorney Doug Murphy is Board Certified in both Criminal Defense law and DWI Defense. In fact, Doug is one of only two attorneys in the state holding both these Board Certifications, and he has extensive litigation experience in state and federal criminal court. Doug has the knowledge, skills, and courtroom experience to aggressively defend you when you're facing serious criminal charges.

Doug also has an excellent reputation in the Houston legal community. He has served as President of the Harris County Criminal Lawyers Association, co-chair of the DWI Committee for the Texas Criminal Defense Lawyers Association, and served two terms on the board of directors. Best Lawyers in America, from U.S. News & World Report, has also named Doug a "Lawyer of the Year" for Houston DWI defense.

Doug and the experienced team at the Murphy & McKinney Law Firm, P.C. have defended Texans from white-collar criminal charges for years. They've been on both sides of the aisle, working as prosecutors and criminal defense attorneys, giving them the insight needed to negotiate with prosecutors and work on your behalf. Find out how they can help you too. Call us at 713-229-8333 or contact us online to schedule your free consultation today.