Managing Attorney
If you were recently arrested for prostitution or solicitation in Houston, one of the first questions you’re probably asking is: Will I go to jail for this? The good news is that in Harris County, it’s extremely rare for someone to serve jail time for a first-time prostitution offense. But that doesn’t mean you should take the charge lightly. A conviction—even without jail—can carry long-term consequences for your reputation, immigration status, employment, and future opportunities.
This blog will explain what to expect if you’re facing a first-time prostitution charge in Houston, the possible penalties, and the most common ways these cases are resolved.
Overview of Prostitution and Solicitation Charges in Texas
Texas law defines prostitution under Texas Penal Code §43.02 as knowingly offering or agreeing to receive a fee in exchange for sexual conduct. A solicitation of prostitution charge applies to the buyer—the person who offers or agrees to pay for sex.
In recent years, the Texas Legislature has increased the penalties for solicitation in an effort to discourage so-called “demand” offenses. As of 2021:
- Prostitution (seller) is typically a Class B misdemeanor for a first offense.
- Solicitation (buyer) is now a state jail felony, even for a first offense.
That means your punishment range depends heavily on whether you’re accused of selling or buying sex.
What Are the Penalties for a First-Time Prostitution Offense?
Here’s a breakdown of the potential sentencing ranges under Texas law:
Prostitution (first-time seller):
- Charged as a Class B misdemeanor
- Punishable by up to 180 days in jail and up to a $2,000 fine
Solicitation (first-time buyer):
- Charged as a state jail felony
- Punishable by 180 days to 2 years in a state jail facility and up to a $10,000 fine
However, most first-time offenders in Harris County do not serve jail time, especially when represented by an experienced criminal defense attorney. Instead, the goal is always to get the case dismissed.
Can a First-Time Prostitution Charge Be Dismissed?
Yes. In many cases, especially when the accused has no prior criminal history, a prostitution or solicitation charge can be dismissed. Dismissals can occur in a few different ways:
- Lack of evidence or police misconduct: If the arresting officers didn’t follow proper procedures—such as during an undercover sting—or the evidence is too weak, your attorney can challenge the case on legal grounds.
- Pretrial diversion: In some situations, a first-time offender may qualify for a pretrial intervention program.
- Deferred adjudication: Even if the case isn’t dismissed outright, deferred adjudication is another way to avoid a conviction.
What Is Pretrial Diversion (PTI)?
A pretrial diversion (or PTI) is a voluntary program offered by the District Attorney’s Office for eligible first-time offenders. If accepted, you’ll enter into a contract to complete certain requirements—such as community service or classes—and your case will be dismissed after successful completion.
The biggest benefit of PTI is that you avoid a conviction entirely. After the dismissal, you may be eligible to expunge the arrest from your record.
What Is Deferred Adjudication?
Deferred adjudication is a type of probation where you plead guilty or no contest, but the judge does not enter a conviction. Instead, the judge defers a finding of guilt while you complete community supervision.
If you successfully finish probation, your case is dismissed, although the arrest and court records still exist. You may later qualify for non-disclosure (sealing your record), but not expunction.
Deferred adjudication is often a last resort if dismissal or PTI aren’t available, because it still involves a plea and may have immigration or professional licensing consequences.
What Are the Long-Term Consequences of a Prostitution Conviction?
Even without jail time, a prostitution conviction can affect:
- Employment opportunities
- Professional licenses
- Immigration status (especially for non-citizens)
- Personal reputation and relationships
That’s why it’s critical to fight for a dismissal and clean resolution whenever possible.
Why Choose Ceja Law Firm?
Attorney Jose Ceja is a former prosecutor and Board-Certified in Criminal Law by the Texas Board of Legal Specialization. He has successfully defended numerous clients charged with prostitution and solicitation in Houston and surrounding counties. Mr. Ceja personally handles every case and brings unmatched attention to detail, trial experience, and legal strategy to every client’s defense.
If you are facing a prostitution or solicitation charge in Houston, Ceja Law Firm will evaluate every aspect of your case and work toward the best possible outcome—ideally a full dismissal.
Final Thoughts
To answer the original question: It’s very unlikely you’ll go to jail for a first-time prostitution charge in Houston, especially if you have no prior criminal record. But that doesn’t mean you should leave your case to chance.
The best way to protect your record, your reputation, and your future is to hire a qualified, experienced criminal defense attorney who will aggressively defend your rights and explore every possible path to dismissal.
