Fort Worth Defense Attorney for Prostitution Charges
Respectful and Discreet Prostitution Defense Lawyer
Most prostitution arrests are made in connection with a “sting” or undercover police operation. Occasionally, a prostitution arrest is made as the result of a “raid” on a studio or club, but this is relatively rare. The prostitution stings are generally conducted by a special unit of police and the operation is usually conducted in one of two ways. Below is an explanation of the common police “sting methods” for prostitution. If you are arrested for prostitution you need to hire a lawyer immediately. Clearly a conviction for prostitution can have a terrible impact on a person’s Contact today for a free consultation for your prostitution case. criminal history, and multiple prostitution convictions can lead to serious prison time. You need a criminal defense attorney that is experienced and skilled in dealing with sexual allegations and familiar with the Tarrant County policies and programs (i.e. RISE Program) for prostitution cases. Cody Cofer is a skilled criminal defense attorney that will fight to keep your record clean. He will treat you with respect and handle your case with discretion.
One common method for a prostitution sting is the undercover (plain clothes) officer pulls his unmarked car up to suspected prostitute. The officer then says something to engage the suspect like, “I’m trying to do something, what’s up?” or “Hey, I’m looking to hangout.” After an initial conversation most suspects try to some method to screen the officer. A common way suspects try to screen for police is by first asking if they are police and then asking the person to touch their breast. The police officer will then touch the suspect’s clothed breast and continue to further the transaction. The officer will continue to talk about the desired services until he believes the elements for prostitution have been met. Then the officer will give some signal to other officers and the officers will make an arrest.
Another method used by law enforcement is to contact a suspected prostitute from an internet site. The officer then arranges a meeting for an “incall” or “outcall.” Once the officer arrives on scene in plain clothes, he will discuss the arrangement and even have the suspected prostitute remove part or all of her clothes. Then the officer will provide some kind of signal or say something through a radio and other officers will bust into the hotel room or studio.
What is prostitution?
Under Texas Penal Code § 43.02 a person commits prostitution if the person knowingly:
- offers to engage, agrees to engage, or engages in sexual conduct for a fee; or
- solicits another in a public place to engage with him in sexual conduct for hire.
The elements of prostitution are met under (1) whether the actor is to receive or pay a fee. The elements of prostitution are established under Subsection (2) whether the actor solicits a person to hire her or offers to hire the person solicited.
What is the punishment for prostitution?
A first offense for prostitution is a Class B misdemeanor (up to 180 days in jail and $2000 fine). If someone has been convicted before then the second charge of prostitution is a a Class A misdemeanor. Unless the person is convicted three times before, then it becomes a State Jail Felony. A prostitution charges becomes a Third Degree Felony if the person solicited is 14 years of age or older and younger than 18 years of age; or a Second Degree Felony if the person solicited is younger than 14 years of age.
Do police have to tell you if they are the police?
No. This is a myth. Officers are not under any obligation to be truthful to a suspect.
Can police touch your breast if they’re undercover?
Yes. It is common practice for officers to engage in this behavior in a prostitution sting.
What is Promotion of Prostitution?
Under Texas Penal Code Section 43.03, a person promotes prostitution if, acting other than as a prostitute receiving compensation for personally rendered prostitution services, he or she knowingly:
- receives money or other property pursuant to an agreement to participate in the proceeds of prostitution; or
- solicits another to engage in sexual conduct with another person for compensation.
Promotion of prostitution is a Class A misdemeanor—up to a $4000 fine and up to a year in jail.
What is Compelling Prostitution?
Under Texas Penal Code Section 43.05, a person commits compelling prostitution if the person knowingly:
- causes another by force, threat, or fraud to commit prostitution; or
- causes by any means a child younger than 18 years to commit prostitution, regardless of whether the actor knows the age of the child at the time the actor commits the offense.
Compelling prostitution under Subsection (1) is Second Degree Felony – 2 to 20 years in prison. Compelling prostitution under Subsection (2) is a First Degree Felony – 5 to 99 years or life in prison.
Important Definitions Related to Prostitution Charges
“Deviate sexual intercourse” means any contact between the genitals of one person and the mouth or anus of another person.
“Sexual contact” means any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.
“Sexual conduct” includes deviate sexual intercourse, sexual contact, and sexual intercourse.
“Sexual intercourse” means any penetration of the female sex organ by the male sex organ.