Managing Attorney
In Houston, arrests for prostitution are very common. Prostitution arrests take place in a variety of settings, including hotel rooms, areas of town known for street prostitution, and strip clubs. Due to the fact that the police typically need to establish the existence of an offer or agreement to exchange money for sexual services, prostitution arrests almost always involve an undercover police officer, acting as either the prostitute or buyer of sex. At strip clubs, police mainly target strippers by sending in undercover officers posing as patrons, who will attempt to solicit sexual acts from strippers. But what are your rights in a strip club? What should you do if you are arrested for prostitution in a strip club? The information below does not constitute legal advice, and you should always familiarize yourself with the laws of your jurisdiction, including municipal laws.
How is prostitution in a strip club charged?
Strip club prostitution arrests typically target strippers who are suspected of engaging in prostitution as defined by Texas law. In strip club prostitution stings, undercover police officers pose as customers and attempt to gain the trust of a stripper, with the goal of convincing them to offer or accept money in exchange for some sexual act. For the alleged prostitute, prostitution is charged as a Class “B” misdemeanor, punishable by up to 180 days in jail, with a second or third conviction being charged as a Class “A” misdemeanor (the penalties for the alleged buyer of sex are much steeper).
How is “sex” defined under the Texas prostitution law?
The definition of “sex” under the prostitution statute is very broad and includes many forms of touching, in addition to sexual acts offered or agreed to, in exchange for a fee. Both the prostitution and solicitation of prostitution statutes prohibit “sexual conduct,” which includes oral sex (known as “deviate sexual intercourse” under Texas law), sexual intercourse, and “sexual contact,” including any touching of the anus, breast of any part of the genitals. However, arrests are almost always made after a stripper is accused of offering or agreeing to engage in oral sex or sexual intercourse (we are not familiar with a prostitution case involving the touching of a breast, for example).
What are your rights if you have been arrested in a strip club?
The most important right to be aware of if you have been arrested in a strip club is your right to remain silent. Under the United States and Texas Constitutions, a person has an absolute right to remain silent if they are questioned by police regarding any criminal offense. Strip club prostitution cases can be difficult for police to prove due to the poor quality of audio recorded at most strip clubs. As such, a police officer may attempt to obtain a confession from a stripper to strengthen their case.
Do not speak to the police. If the police have enough evidence to arrest you, they will typically do so regardless of what you say. On the other hand, if they lack evidence, then by talking to them, you may be helping them make a charge against you possible. In short, it is almost always a bad idea to speak with the police if you are arrested for any criminal charge and a prostitution arrest is no exception.
Can you raise an entrapment defense if you were arrested in a strip club?
In Texas, it is a defense to prosecution that a person engaged in a crime because he was inducted to do so by a police officer “using persuasion or other means likely to cause persons to commit the offense.” This is known as the defense of entrapment. However, the statute also specifies that “merely affording a person an opportunity to commit an offense does not constitute entrapment.”
What this means is that the defendant has the burden of producing evidence of an inducement that was likely to cause persons not ready and willing to commit the crime to engage in the conduct charged. This is a difficult burden to meet and would require evidence that the officer was extremely persistent in trying to induce a stripper to engage in prostitution. An entrapment defense would normally be raised at trial although it can also be raised before a trial.
Can you obtain a dismissal of a prostitution charge in a strip club?
Yes. The goal of a prostitution charge should always be to obtain a dismissal and an expunction. An effective prostitution defense attorney should have a plan “A” and a plan “B” to obtain a dismissal of a prostitution charge. The first thing a prostitution defense attorney should do is challenge the facts. Our office has obtained dismissals of prostitution charges in strip clubs due to weak evidence presented by the State. Unfortunately, police officers who make prostitution arrests are frequently overzealous and make arrests with little or no evidence (perhaps to justify a questionable use of public funds). If the evidence is not favorable to the defense, it is frequently possible to negotiate a dismissal of the charges, particularly for first time offenses. An experienced prostitution defense attorney will be able to go over your options with you.
What other charges can you face for engaging in a sexual act in a strip club?
Other than a charge of prostitution, engaging in sexual acts could also lead to a charge of public lewdness. Under Texas Penal Code 21.07, a person commits the offense of public lewdness by engaging in “sexual conduct” in a public place (which likely includes a strip club) or if not in a public place, the person engages is reckless about whether another is present who will be offended or alarmed. Public lewdness is charged as a Class “A” misdemeanor. Finally, there are municipal ordinances that can also be charged for conduct in strip clubs. Some municipal ordinances also prohibit touching or dancing too close to patrons. Most municipal ordinances are charged as Class “C” misdemeanors.
Ceja Law Firm regularly obtains dismissals and reductions in prostitution cases throughout the Houston area. If you have been arrested for a prostitution charge, call Ceja Law Firm today for a free consultation. Our attorneys and staff are fluent in Spanish and regularly assist Hispanic clients with prostitution cases.
