What Happens If You're Charged With Prostitution or Solicitation in Texas?

 Posted on July 11, 2026 in Criminal Defense

Prostitution and solicitation are treated differently under Texas law. A first prostitution offense is generally a Class B misdemeanor, while a first solicitation offense is a state jail felony. Prior convictions can lead to even more serious charges.

If you were arrested in 2026, a Fredericksburg, TX prostitution defense lawyer can explain what the charge against you means and what comes next.

What Counts as Prostitution Under Texas Law?

Texas splits prostitution into two separate crimes. Under Texas Penal Code Section 43.26, a person commits prostitution if they knowingly offer or agree to accept a fee for sexual conduct. 

Section 43.021 covers solicitation of prostitution. This law addresses the person offering to pay for sex, not the person offering to receive payment. 

Neither law requires that any sexual act actually happen. The offer or agreement alone is often enough for police to make an arrest, even if nothing happened beyond a conversation or a text message.

How Serious Are the Penalties for a Prostitution Charge?

According to the Texas Attorney General's 2024 Human Trafficking Report, statewide demand-reduction operations resulted in over 300 arrests for solicitation of prostitution in Texas. The number of arrests shows that law enforcement agencies across the state actively investigate and prosecute solicitation offenses.

Texas treats prostitution and solicitation differently. A first prostitution charge is usually a Class B misdemeanor. This carries a maximum jail term of 180 days and a fine of up to $2,000. A first solicitation charge is a state jail felony, which can mean 180 days to two years in state jail and a fine of up to $10,000.

For prostitution, one or two prior convictions can raise the charge to a Class A misdemeanor. A third or later prostitution conviction can become a state jail felony. For solicitation, a prior qualifying conviction can elevate the charge from a state jail felony to a third-degree felony.

If the other person involved is under 18, or is said to be under 18, penalties increase sharply. The charge can become a second-degree felony regardless of how many prior convictions you have.

What Legal Defenses Can Fight a Prostitution or Solicitation Charge in Texas?

Many prostitution and solicitation cases rely on undercover stings, text messages, or online ads. Each type of evidence can be challenged in court. Common defense strategies include:

• Arguing there was no clear offer or agreement to exchange money for sex

• Challenging the identification of the defendant, since arrests often involve several people at one location

• Raising entrapment, when law enforcement talks someone into a crime they would not otherwise commit

• Presenting evidence that the accused was a victim of human trafficking or compelling prostitution

These cases often come down to how police handled the investigation, so reviewing the details of the arrest becomes one of the first steps in building a strong defense.

Can a Prostitution or Solicitation Charge Be Removed From Your Record in Texas?

Many prostitution and solicitation cases in Texas can later be cleared or sealed from your record. Common paths include:

• Deferred adjudication: Texas courts can grant deferred adjudication for many prostitution and solicitation charges, allowing a defendant to complete probation without a conviction. Completing deferred adjudication does not automatically clear the case. A separate nondisclosure order is generally required to keep it from appearing on most background checks. Misdemeanor offenses may qualify after the applicable waiting period, while felony solicitation offenses generally require a five-year wait.

• Dismissal or acquittal: Expunction may be available instead of a nondisclosure order. Unlike nondisclosure, expunction destroys the record rather than simply sealing it from most public view.

• A registerable offense: Neither a nondisclosure order nor expunction is available if the charge required sex offender registration.

Since these options depend on how the case is resolved, ask about record relief before agreeing to a plea deal and not after the case is already closed.

Does a Prostitution or Solicitation Conviction Require Sex Offender Registration in Texas?

A standard prostitution or solicitation conviction is not on the list of offenses that require registration under Texas Code of Criminal Procedure Chapter 62. However, there is one exception. 

The charge becomes a second-degree felony and a registerable offense if the person solicited was younger than 18. The same is true if that person was represented or believed to be younger than 18. Related charges, such as compelling prostitution and aggravated promotion of prostitution, also carry registration requirements.

Contact a Fredericksburg, TX Prostitution Defense Lawyer Today

A prostitution or solicitation charge can affect your career, your relationships, and your reputation. Attorney Russ Alan Baker at Law Office of Russ Alan Baker, PLLC has more than 15 years of legal experience and can review the details of your arrest. Contact a Marble Falls, TX sex crime defense attorney or call 325-216-2006 to discuss your case and next steps.