More Than Just One Night – The Lasting Impact of a Prostitution Charge

At Ceja Law Firm, we specialize in defending individuals accused of prostitution-related offenses. Attorney Jose Ceja is a former prosecutor and is Board-Certified in Criminal Law by the Texas Board of Legal Specialization. Mr. Ceja is recognized as a Texas Super Lawyer. His experience provides a unique advantage in building strong defenses against prostitution charges.

Understanding Prostitution Laws in Texas

Under Texas Penal Code 43.02, prostitution is defined as knowingly offering, soliciting, or agreeing to receive a fee in exchange for sexual conduct. Importantly, the transaction does not need to be completed—the mere agreement to exchange money for sex can be enough to result in criminal charges.

Prostitution vs. Solicitation of Prostitution

  • Prostitution – Offering or agreeing to receive money for sex (commonly applies to alleged sex workers).
  • Solicitation of Prostitution – Offering or agreeing to pay for sex (commonly applies to alleged “johns”).
  • Promotion of Prostitution – Receiving money from prostitution or managing a prostitution business.
  • Aggravated Promotion of Prostitution – Managing two or more prostitutes.
  • Compelling Prostitution – Forcing or coercing someone into prostitution, including minors.

Penalties for Prostitution in Texas

The consequences of a prostitution conviction depend on your role in the alleged crime and any prior offenses:

For the Alleged Prostitute:

  • First Offense – Class B misdemeanor (up to 180 days in jail, $2,000 fine)
  • Second Offense – Class A misdemeanor (up to 1 year in jail, $4,000 fine)
  • Third or More Offense – State Jail Felony (180 days to 2 years in jail, $10,000 fine)

For the Alleged Buyer (John):

  • First Offense – State Jail Felony (180 days to 2 years in jail, $10,000 fine)
  • Subsequent Offense – Third-Degree Felony (2 to 10 years in prison, $10,000 fine)
  • Soliciting a Minor (Under 18) – Second-Degree Felony (2 to 20 years in prison, $10,000 fine)

Texas became the first state in the U.S. to make solicitation of prostitution a felony, emphasizing its commitment to combatting human trafficking.

Defenses Against Prostitution Charges

The best defense in a prostitution or solicitation of a prostitution charge will depend on the exact facts and circumstances of the arrest. An experienced Houston prostitution lawyer should obtain the evidence, analyze the facts of your case, and develop a defense strategy based on the circumstances. Some common defenses to prostitution charges in Houston include:

Lack of Intent

  • The prosecution must prove that an actual agreement to exchange sex for money occurred. Vague or unclear conversations may not meet this legal standard. At Ceja Law Firm, we have obtained dismissals of prostitution charges on the eve of trial when the existence of an agreement was weak. 

Insufficient Evidence

  • Many prostitution cases rely on undercover stings, audio/video recordings, or witness testimony. If evidence is weak or improperly obtained, charges may be dismissed.

Mistaken Identity

  • If you are not the person who was involved in the alleged prostitution, it may be possible to raise a defense of mistaken identity. 

Entrapment

Promotion of Prostitution in Texas

Under Texas Penal Code 43.03, promotion of prostitution applies when a person profits from prostitution or facilitates the exchange of money for sex. This charge can apply to business owners, managers, or anyone who receives a share of prostitution earnings.

Penalties for Promotion of Prostitution:

  • Third-Degree Felony – 2 to 10 years in prison, $10,000 fine
  • Second-Degree Felony (if prior conviction) – 2 to 20 years in prison, $10,000 fine
  • Aggravated Promotion of Prostitution (Managing two or more prostitutes) – First-Degree Felony (5 to 99 years in prison)

Related Legal Consequences Beyond Criminal Penalties

A prostitution charge can have far-reaching effects beyond the immediate criminal penalties. A conviction or even an arrest can impact multiple areas of a person’s life, including:

  • Employment Opportunities – Many employers conduct background checks, and a prostitution conviction can make it difficult to secure a job, particularly in fields requiring trust or professional licenses.
  • Professional Licensing – Certain careers, such as healthcare, education, and law, require state licensing, which may be denied or revoked due to a prostitution conviction.
  • Housing and Rental Applications – Landlords in Houston frequently screen potential tenants, and a conviction for prostitution can result in housing denials.
  • Immigration Status – Non-citizens may face deportation or difficulties obtaining visas, residency, or citizenship if convicted of prostitution.
  • Social and Personal Stigma – Even if charges are dismissed, an arrest for prostitution can damage personal relationships and social standing.

How Houston Police Enforce Prostitution Laws

The Houston Police Department (HPD) and other law enforcement agencies in the Houston area frequently conducts prostitution stings targeting both alleged prostitutes and clients. Common sting operations include:

Expunction of Prostitution Charges in Texas

If you’ve been arrested for prostitution, getting your record cleared should be a top priority. An expunction removes all records of an arrest, making it as if the charge never occurred. After a prostitution case is expunged, even the arrest can legally be denied, including on a job or housing application. However, expunction eligibility is limited:

Who Qualifies for Expunction of a Prostitution Charge?

  • If the case was dismissed
  • If you were found not guilty at trial

If you pleaded guilty or were convicted, expunction is not available. However, you may qualify for a non-disclosure order (record sealing) if you successfully completed deferred adjudication probation.

Houston Prostitution Frequently Asked Questions (FAQ)

Can a prostitution charge be dismissed?

Yes. Many Houston prostitution cases are dismissed due to lack of evidence, entrapment, or violations of legal rights or agreements with the Harris County District Attorney’s Office.

Should I speak to the police if I’m arrested?

No. Do not make any statements until you have consulted a Houston prostitution lawyer. Anything you say can be used against you.

What if I was arrested in an undercover sting?

Undercover stings can be challenged if evidence is weak, misleading, or obtained illegally. It is very common for officers assigned to work prostitution enforcement to be overzealous or even exploit alleged female prostitutes. 

Can I get my prostitution arrest off my record?

Yes, if your case was dismissed or if you were acquitted at trial. Expunction removes all records, while non-disclosure (record sealing) may be available for certain probation cases.

Does prostitution require sex offender registration?

In most cases, prostitution charges do not require sex offender registration. However, if the charge involves soliciting a minor or falls under compelling prostitution, the defendant may be required to register as a sex offender under Texas law.

What happens at my first court appearance for a prostitution charge in Houston?

At your first court appearance on a prostitution charge in Houston, you will be informed of the charges against you, and the judge may set bond conditions. You do not have to enter a plea at this stage, but it is advisable to have a Houston prostitution defense attorney present to negotiate bond terms and start preparing your defense.

Can a felony prostitution charge be reduced?

It is possible for a prostitution charge to be reduced to a misdemeanor. Although the goal should always be a dismissal since a reduction of a prostitution charge is not eligible for an expunction, a reduction of a felony prostitution charge can also be a very good result. 

What is the P180 Program for prostitution cases?

The Harris County District Attorney’s Office run a program for defendants charged with prostitution (not solicitation of prostitution) known as the P180 program. If you are eligible for the program, it may be possible to get a prostitution case dismissed if the program is successfully completed. 

What Happens if a Non-United States Citizen or Undocumented Person is Arrested for Prostitution?

If a non-U.S. citizen or undocumented individual is arrested for prostitution in Texas, the consequences can be severe and extend beyond criminal penalties. A conviction or even an arrest may trigger immigration consequences, including:

  • Possible detention by Immigration and Customs Enforcement (ICE)
  • Deportation or removal proceedings
  • Denial of visa renewal or adjustment of status
  • Ineligibility for citizenship or legal permanent residency

Because prostitution is considered a crime of moral turpitude, a conviction can impact future immigration status. However, a Houston prostitution attorney with experience in criminal and immigration law can fight to get charges dismissed or reduced to avoid long-term consequences.

Call a Houston Prostitution Defense Attorney Today

A prostitution charge can have serious consequences—but the right attorney can help. Call Ceja Law Firm today for a free consultation with a top-rated Houston prostitution defense lawyer and start fighting your case immediately. Contact Ceja Law Firm today for a free consultation to discuss your case and learn how we can fight to keep your record clean.