Managing Attorney
Strip clubs in Houston often push the boundaries of what’s legal and what’s not, but many people are surprised to learn that criminal charges—especially for prostitution or public lewdness—can and do arise from conduct that occurs inside these clubs. Whether you are a dancer, patron, or employee, it is important to understand how Texas prostitution laws work and how law enforcement stings operate in these environments.
Texas Prostitution Laws: An Overview
Under Texas law, prostitution is broadly defined and criminalized for both the buyer and the seller of sexual services and creates criminal liability for two main categories:
- Selling sex: Under Texas Penal Code §43.02, a person commits prostitution if they knowingly offer or agree to receive a fee from another to engage in sexual conduct.
- Buying sex (solicitation): Under Texas Penal Code §43.021, a person commits an offense if they offer or agree to pay a fee to another for the purpose of engaging in sexual conduct.
In 2021, Texas made national headlines by increasing the penalty for solicitation of prostitution (the buyer) to a state jail felony, even on a first offense. Meanwhile, offering or agreeing to provide sex for a fee (the seller) remains a Class B misdemeanor on a first offense, with enhancements for repeat offenses.
Because the law applies equally to verbal agreements and implied offers, police often rely on undercover operations to identify and arrest individuals they believe are violating the statute.
How Strip Club Stings Work in Houston
In recent years, Houston-area law enforcement agencies, including the Houston Police Department Vice Division and the Harris County Sheriff’s Office, have targeted strip clubs in sting operations designed to root out prostitution and human trafficking. These stings are usually patron-based, meaning the undercover officer poses as a customer rather than a dancer.
Here’s how these operations typically unfold:
- An undercover officer enters the club posing as a customer.
- He interacts with dancers—often in a private or VIP room—and attempts to elicit an offer of sex for money.
- If the dancer agrees to provide sexual services in exchange for a fee, she may be arrested on the spot or later as part of a larger sweep.
- In some cases, covert recordings or body-worn cameras are used to document the interaction.
- Charges can include prostitution, and in some cases, public lewdness or other offenses, depending on what occurs.
What makes these stings problematic is that they often rely on ambiguous language or suggestive conduct to justify an arrest. For example, a dancer may say something flirtatious that law enforcement interprets as an offer for sex—even if no agreement on payment or sex acts actually occurred.
What Is Public Lewdness?
In addition to prostitution charges, dancers and patrons can also be charged with public lewdness under Texas Penal Code §21.07. This law makes it a crime to knowingly engage in certain sexual acts in a public place, or where someone might be offended or alarmed.
Sexual acts under this statute include:
- Sexual intercourse
- Deviate sexual intercourse
- Acts involving contact between one person’s mouth or genitals and another’s genitals or anus
Even if no agreement for payment is involved, if a dancer engages in a sexual act with a customer—or simulates one in a way that crosses a certain line—they could face a Class A misdemeanor charge for public lewdness.
Why Dancers Are Often Targeted
Although prostitution charges can technically apply to both buyers and sellers, most strip club stings in Houston focus on arresting dancers, not patrons. This is largely because:
- The officer is posing as a buyer, so it’s easier to claim the dancer offered sex for money.
- The legal threshold for arrest is low—any agreement or offer, even one not acted upon, can be enough.
- There’s often a built-in assumption by law enforcement that certain clubs tolerate or promote illicit behavior behind closed doors.
Unfortunately, this dynamic leads to dancers being criminalized, even in situations where the evidence is questionable or the dancer was manipulated or misled.
Legal Defenses in Strip Club Prostitution Cases
If you are charged with prostitution after an incident at a Houston strip club, you still have options. Ceja Law Firm regularly defends dancers, entertainers, and patrons who are wrongly accused of sex-related offenses.
Possible defenses may include:
- No agreement was made: Flirtation or suggestive comments are not enough—there must be a clear offer or acceptance of a sex-for-money exchange.
- Lack of intent: Even if certain conduct occurred, if there was no intent to engage in sexual conduct for a fee, then the prosecution’s case may fall apart.
- Entrapment: Although the standard for entrapment is high in Texas, if the undercover officer pushed the conversation in a way that induced someone to commit an offense they wouldn’t have otherwise considered, that may be a valid defense.
Why You Need an Experienced Prostitution Defense Attorney
Prostitution and public lewdness charges can have long-lasting consequences. Even a misdemeanor can result in a criminal record, job loss, or immigration complications. For dancers and entertainers, a conviction may jeopardize their ability to work in the industry or even live in certain areas.
At Ceja Law Firm, we understand the nuances of Houston’s adult entertainment industry and how prostitution laws are enforced. As a Board-Certified Criminal Law Attorney, Jose Ceja brings an aggressive, experienced approach to every case. We know how to challenge sting operations, cross-examine undercover officers, and protect your rights in court.
If you’ve been charged with prostitution or public lewdness after a strip club sting, don’t wait to get help.
