Sec. 43.021. SOLICITATION OF PROSTITUTION.
SECTION 29. Sections 43.02(b) and (c-1), Penal Code, are
transferred to Section 43.021, Penal Code, as added by this Act,
redesignated as Sections 43.021(a) and (b), Penal Code,
respectively, and amended to read as follows:
(a) [(b)] A person commits an offense if the person
knowingly offers or agrees to pay a fee to another person for the
purpose of engaging in sexual conduct with that person or another.
(b) [(c-1)] An offense under Subsection (a) [(b)] is a state
jail felony [Class A misdemeanor], except that the offense is:
(1) a [state jail] felony of the third degree if the
actor has previously been convicted of an offense under Subsection
(a) or under Section 43.02(b), as that law existed before September
1, 2021 [(b)]; or
(2) a felony of the second degree if the person with
whom the actor agrees to engage in sexual conduct is:
(A) younger than 18 years of age, regardless of
whether the actor knows the age of the person at the time of the
offense;
(B) represented to the actor as being younger
than 18 years of age; or
(C) believed by the actor to be younger than 18
years of age.
Originally Posted by LuvSex
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