Managing Attorney
In Texas many sex offenses require sex offender registration after a conviction. Under Texas law, sex offender registration can lead a person’s personal information being accessible on a public website and restrictions on where a person can travel or work. But when do prostitution offenses require sex offender registration? Is it possible to avoid sex offender registration if you are arrested for an offense that is subject to registration?
How does sex offender registration work in Texas?
In Texas, if a person is convicted of a sex offense listed in Chapter 62 of the Texas Penal Code, they are subject to either 10-year registration or lifetime sex offender registration. Sex offender registration is extremely intrusive and requires a person to register every year with law enforcement and makes public information relating to the person’s address, criminal history and other information. Many cities also have laws that restrict where sex offenders can live and travel.
When do prostitution offenses require sex offender registration in Texas?
Fortunately, most prostitution offenses are not subject to sex offender registration. This means that most defendants who are arrested for prostitution or solicitation of prostitution will not have to register as a sex offender, even if they are found guilty. However, there are several prostitution offenses which are subject sex offender registration after a conviction. These include:
Solicitation of a Prostitute Under 18: If it is alleged that the person to whom the defendant offered or agreed to pay a fee was under 18 (or represented as being under 18, as may occur in a police sting), then prostitution will be charged as a second-degree felony and the defendant would be subject to 10-year sex offender registration if they are convicted. In Houston, the vast majority of solicitation of prostitution charges are not subject to sex offender registration but you can always verify this information by consulting with an experienced prostitution defense attorney.
Compelling prostitution: Compelling prostitution is subject to 10-year registration. However, if the victim is under 18 years old, compelling prostitution is subject to lifetime sex offender registration.
Aggravated promotion of prostitution: Aggravated promotion of prostitution, which involves being involved in a prostitution enterprise with two or more prostitutes, is subject to 10-year sex offender registration.
Is the alleged seller of sex required to register as sex offender?
No. In Texas, the alleged seller of sex is never required to register as a sex offender.
How can you avoid having to register as a sex offender after a prostitution arrest?
If you are arrested for a prostitution offense that is subject to sex offender registration, the goal should be to obtain a dismissal of the charge. If your prostitution case is dismissed or you are acquitted (found “not guilty”), then you would be eligible for an expunction of the arrest and you would not be subject to sex offender registration.
If your case cannot be dismissed, then it may be possible for a prostitution charge that requires sex offender registration to be “reduced” to a charge that does not carry sex offender registration. For example, if you are charged with second-degree felony solicitation of a prostitute under 18 (which is normally subject sex offender registration), your prostitution defense attorney may be able to negotiate a plea to a regular, state jail felony prostitution charge, which does not carry sex offender registration (it is also possible for a prosecutor to reduce a solicitation of prostitution charge to a misdemeanor).
If you have been charged with prostitution anywhere in the Houston area, it is critical to hire an experienced attorney to help you protect your freedom and your record. Attorney Jose Ceja is a former prosecutor who regularly obtains excellent results for clients charged with prostitution throughout the Houston area. Contact us today.
