Texas Solicitation of Prostitution

[DocHoliday]

After letting the dust settle on the Texas 87th Legislative session and doing my research, here is the end game answer in my opinion. Starting September 1, 2021, Solicitation of Prostitution will be a State Jail Felony for the FIRST offense unless it involves a minor. In which case, it is a 2nd degree felony. Furthermore, the law as written does NOT AFFECT 43.02(a) which relates to the ladies (offers to RECEIVE). This change only affects those offering to PAY (the hobbyists).

SJ feloneys carry a punishment range of no less than 6 months and no more than 2 years in a SJ facility which is day for day time and a fine not to exceed $10,000. You could qualify for some participation credits but they are rarely given.

3rd degree feloneys carry a punishment range of no less than 2 and no more than 10 years in a TDCJ Institutional Division facility and a fine not to exceed $10,000. (You could qualify for parole after you do 1/4 of your time).

2nd degree feloneys carry a punishment range of no less than 2 and no more than 20 years in a TDCJ Institutional Division facility and a fine not to exceed $10,000. (You could qualify for parole after you do 1/4 of your time).

The following text comes directly from the Texas Legislature website which I link at the end. Don't doubt me on any of this information. I am not debating anyone. I'm not going to get into a back and forth with Judge Judy law school graduates here and they should all remain silent here as not to confuse members with the law and the facts. This is SERIOUS business for the gentlemen. The legislature really upped the game on the hobby in Texas. I am not commenting further and nothing further needs to be said here by me. It is the law in Texas come Sept. 1, 2021.

Chapter 43, Penal Code, is amended by adding Section 43.021, and a heading is added to that section to read as follows:

Sec. 43.021. SOLICITATION OF PROSTITUTION.

43.02(b) and (c-1), Penal Code, are transferred to Section 43.021, Penal Code, as added by this
Act, re designated as Sections 43.021(a) and (b), Penal Code, respectively, and amended to read as follows:

(a) 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) An offense under Subsection (a) is a state jail felony except that the offense is:
(1) a 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.


Section 43.021, Penal Code, as added by this Act, is amended by adding Subsection (c) to read as follows:

(c) A conviction may be used for purposes of enhancement under this section or enhancement under Subchapter D, Chapter 12, but not under both this section and that subchapter. For purposes of enhancement of penalties under this section or Subchapter D, Chapter 12, a defendant is considered to have been previously convicted of an offense under this section or under Section 43.02(b), as that law existed before September 1, 2021, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision.

https://capitol.texas.gov/BillLookup...R&Bill=HB1540#