Managing Attorney
If you’ve been arrested for prostitution for the first time in Texas, you may be wondering just how serious the charge really is. While many people assume that a first offense will be treated leniently, the truth is that even a first-time prostitution charge can carry harsh consequences—both legal and personal. This article breaks down how prostitution laws work in Texas, what the penalties are for a first offense in 2025, and how these cases can be defended.
At Ceja Law Firm, we are led by Board Certified criminal defense attorney Jose Ceja, and we have successfully defended many individuals accused of prostitution and solicitation in Houston. If you are facing a charge, it’s important to act quickly and understand your legal options.
Overview of Prostitution Laws in Texas
Under Texas Penal Code § 43.02, prostitution is defined as knowingly offering or agreeing to engage in sexual conduct for a fee. This covers both the person offering sex (commonly referred to as the seller) and the person offering money for sex (the buyer).
In recent years, Texas lawmakers have become more aggressive in prosecuting prostitution offenses—particularly on the buyer side. As of September 1, 2021, the offense of soliciting prostitution (i.e., offering to pay for sex) was elevated from a Class B misdemeanor to a state jail felony for first-time buyers. However, sellers of sex typically still face Class B misdemeanor charges for a first offense, unless aggravating factors are involved.
Legal Penalties for a First-Time Prostitution Charge
If you are charged as a seller (i.e., offering sex for money), a first-time offense is typically a Class B misdemeanor, punishable by:
- Up to 180 days in jail
- Up to a $2,000 fine
- Community supervision (probation)
- Mandatory STD testing
However, if you are accused of soliciting prostitution (i.e., paying for sex), the offense is now considered a state jail felony, even on a first arrest. This means potential penalties of:
- 180 days to 2 years in a state jail facility
- A fine of up to $10,000
- Felony conviction on your permanent record
In some cases, prosecutors may file the charge as attempted solicitation, a lesser offense, but this depends on the specific facts and your attorney’s negotiation skills.
Collateral Consequences of a Prostitution Conviction
Even if you avoid jail time, a prostitution conviction can have long-term consequences that extend beyond the courtroom. These include:
- A permanent criminal record, which can be accessed by employers, landlords, and others
- Difficulty finding jobs or housing
- Immigration consequences for non-citizens, including potential denial of a green card or visa
- Family law consequences, particularly in custody disputes
- Reputation damage and social stigma
These collateral consequences are why it’s critical to fight the charge and explore options like dismissal, reduction, or pretrial diversion.
How Prostitution Cases Are Defended in Houston
Defending a prostitution case begins with a careful analysis of the evidence and the arrest circumstances. At Ceja Law Firm, we examine several angles to build the strongest defense possible. Common defense strategies include:
1. Challenging the Intent
Prostitution charges typically require an offer and agreement to engage in sexual conduct for money. Mere flirtation, innuendo, or suggestive conversation is not enough. If the prosecution can’t prove a clear offer and acceptance, the case may fall apart.
2. Entrapment
Many prostitution arrests stem from sting operations, especially in massage parlors, online ads, or street-level stings. If an undercover officer initiated the illegal conduct or pressured you into making an offer you wouldn’t have made otherwise, entrapment may be a valid defense.
3. Lack of Evidence
Prostitution cases often rely on body cam footage, text messages, or testimony from undercover officers. If this evidence is incomplete, misleading, or missing, it may not meet the legal burden of proof.
4. Illegal Search or Arrest
If police violated your constitutional rights—for example, by detaining you without probable cause or conducting an unlawful search—your attorney can move to suppress the evidence, which may lead to dismissal.
5. Pre-Trial Diversion or Dismissal
For first-time offenders, it is sometimes possible to negotiate a pre-trial intervention (PTI) program or other outcome that avoids a conviction. Our firm regularly helps clients obtain these resolutions and keep their records clean.
Can a Prostitution Charge Be Expunged?
If your case is dismissed, or you successfully complete a pretrial intervention program, you may be eligible to have your prostitution arrest expunged. An expunction erases the arrest and charge from your criminal record, giving you a clean slate.
To learn more about clearing your record after a prostitution arrest, visit our Houston Expunction Attorney page.
What Should You Do If You’re Arrested for Prostitution in Houston?
If you’ve been arrested for prostitution, the most important step is to remain silent and speak to an attorney as soon as possible. Do not try to explain yourself to police. Anything you say may be used against you later.
At Ceja Law Firm, we know how Houston-area law enforcement and prosecutors handle these cases. We will review every detail of the sting operation or police report, challenge the legal basis of your arrest, and fight for the best possible outcome.
Whether that means dismissal, a reduction, or avoiding a permanent conviction through pre-trial diversion, we are here to protect your future.
Speak with a Houston Prostitution Defense Attorney Today
A first-time prostitution arrest may feel like the end of the world—but with the right legal defense, it doesn’t have to ruin your life. At Ceja Law Firm, we offer confidential consultations and aggressive representation tailored to your case.
Contact us today to discuss your options and find out how we can help you protect your rights and reputation.
