Managing Attorney
In the Houston area, law enforcement agencies such as the Houston Police Department regularly run sting operations to arrest suspected prostitutes and buyers of sex. A large percentage of arrests are related to postings on classified ad forums like listcrawler or websites such as eros.com. But how do these stings work? What potential charges is a person facing in Texas for buying or selling sex online? What are the most common defenses to online escort stings?
How do online sex stings work?
Law enforcement understand that a huge amount of sex work takes place online. In 2018, for example, backpage.com (which was reported to have made 90% of its revenue from adult ads), was seized by the federal government. Since that time, smaller forums or dedicated escort websites have taken its place, with many subsequently taken down and seized by the federal government (such as cityxguide.com).
In the Houston area, two websites that police regularly target are Escort Alligator/List Crawler and Eros.com. In these stings, police will either respond to an alleged prostitute’s ad and set up a meeting at a hotel, or place an ad and attempt to lure buyers of sex to a hotel. In either case, the hotel room will be equipped with multiple cameras to record the discussions. Police officers will also typically be in a nearby hotel room, ready to arrest a suspect once the undercover officer gives the signal.
In Texas, in order for a person to be prosecuted for prostitution or solicitation of prostitution, a sex act does not have to have been completed. The offense of prostitution or solicitation of prostitution is complete when a person offers or agrees to pay another for sexual conduct (which is defined to include most forms of sexual contact). Once the police believe they have enough evidence of prostitution, they will give a signal and arrest the suspect.
What charges does the buyer or seller of online sex face?
In Texas, the alleged prostitute and buyer of sex face drastically different punishments. A first-time prostitution arrest is a Class B misdemeanor, punishable by up to 180 days in jail. For the buyer, however, a first-time prostitution arrest is charged as a State Jail Felony, punishable by 180 days to 2 years in jail.
What defenses are available after an arrest relating to an online prostitution sting?
As noted above the offense of prostitution (either as the alleged buyer or seller), simply requires an offer or agreement to exchange money for a sexual act. Therefore, most defenses in prostitution cases, including online sex stings, are based on the lack of such an offer or agreement.
In many cases, police officers will lie or be mistaken about the existence of an offer or agreement. Our law firm has represented several defendants who have been wrongfully charged by overzealous police officers and simply did not understand what the undercover officer was saying or requesting due to a language barrier. To challenge the lack of a knowing offer or agreement in an online sex sting, it will be necessary for a prostitution defense attorney to obtain all of the evidence in the case, including the police report, the ad posted to the website or forum, any text messages or calls made prior the meeting, as well as all surveillance video.
Can entrapment be a defense to an online sex ad case?
Entrapment is usually not used as a defense in prostitution cases in Texas. The reason for that is that it is very difficult to establish entrapment in Texas.
The defense of entrapment can be found in Texas Penal Code 8.06. Under that statute, it is a defense to prostitution or solicitation of prostitution (or any criminal offense) that the defendant engaged in the conduct charged because he was “induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense.” Under the statute, “merely affording a person an opportunity to commit an offense does not constitute entrapment.”
Entrapment is usually raised as a defense at trial. That means that a prostitution defense attorney would have to convince a jury that either the alleged buyer of sex or the alleged prostitute was not predisposed to engage in the crime and only did so due to intense pressure by undercover officers. An additional issue with the entrapment defense is that it would usually require admitting to the offense.
Will I have to register as sex offender after an online sex ad arrest for prostitution?
In Texas, many offenses require sex offender registration if you are convicted. However, most prostitution cases do not require sex offender registration unless they involve situations where a buyer of sex offered or agreed to engage in sex with a person under 18 (or who they believed was under 18), or certain cases involving the compelling or promotion of prostitution. It is rare for an online sex sting in Houston to lead to the possibility of sex offender registration.
Can you keep an online sex sting prostitution arrest off of your record?
It is possible to protect your freedom and reputation after a prostitution arrest in Houston. The goal of a prostitution defense is to obtain a dismissal or acquittal and then an expunction. An expunction completely destroys all records of the arrest and allows a person to deny the arrest in most instances (such as a job application). However, it is important to remember that to obtain an expunction of a prostitution arrest, it is necessary to obtain a dismissal or acquittal (not guilty verdict) at trial.
If you have been arrested for prostitution in Houston, call Ceja Law Firm today for a free consultation. Attorney Jose Ceja is a former prosecutor who regularly obtains dismissals and expunction for his clients in prostitution cases.
