What Is the Difference Between Solicitation and Prostitution in Texas?

 Posted on November 15, 2025 in Criminal Defense

In Texas, solicitation and prostitution are two different crimes, even though they often happen in similar situations. Both acts can lead to felony charges, even if no sexual act takes place. If you have been charged with soliciting a prostitute, our Midland, TX prostitution defense lawyers can help you understand your rights and build your defense.

How Does Texas Law Define Prostitution and Solicitation?

Under Texas Penal Code § 43.02, prostitution means knowingly offering or agreeing to engage in sexual conduct for a fee. This applies to both the person offering sexual services and the person agreeing to pay. Law enforcement can charge either or both parties involved.

Solicitation is addressed under Texas Penal Code § 43.021. This statute makes it illegal to offer or agree to pay someone for sexual conduct. The law does not require the exchange of money or the occurrence of any sexual act. What matters is whether there was an offer or agreement. Police often use online conversations, text messages, or undercover operations to make arrests for solicitation.

What Are the Penalties for Soliciting a Prostitute in Texas?

Solicitation and prostitution charges can lead to harsh consequences. A first-time solicitation offense is usually a state jail felony. That can mean up to two years in a state jail and fines up to $10,000.

If a minor is involved, or if the person charged has prior convictions, the offense can rise to a third-degree or second-degree felony. These levels carry longer prison sentences and heavier fines. Even a misdemeanor-level prostitution conviction can lead to probation, community service, and mandatory education programs.

Can You Be Charged With Solicitation if No Sex Happened?

Texas law allows for charges even when no sexual act takes place. The focus is on the agreement or offer, not the completion of the act. For example, a person might be arrested after sending a text message offering money for sex, even if they never meet the other person. Many of these arrests happen through sting operations, where undercover officers pose as clients or sex workers.

Sometimes, misunderstandings happen. You might have been joking, or your messages might have been misread. Unfortunately, police can still use those messages as evidence. Having an attorney review the details of your case is important to make sure your side of the story is heard.

How Do You Fight a Solicitation Charge in Texas?

Your defense depends on the facts of your case, but several strategies may help:

• You can claim entrapment if police pressured or persuaded you to do something you would not normally do.

• You may argue that you lacked intent because your words were misunderstood. Maybe you never meant to offer or pay for sexual services.

• If the prosecutor cannot prove that a clear offer or agreement occurred, the charge may not hold up because of insufficient evidence.

• If police broke the law during their investigation, certain evidence may be thrown out.

A defense lawyer will challenge weak evidence and bring to light any proof that your rights were violated.

Schedule a Free Consultation With an Austin, TX Prostitution Charge Defense Attorney

Our experienced Midland, TX prostitution defense lawyers will fight to protect your rights. Morales Law Office, Attorneys at Law, PLLC. was founded in 1996 on the belief that every person accused of a crime deserves a strong advocate. Since then, we have handled many types of criminal cases for clients in Travis County and nearby communities. We understand what is at stake, and we are ready to stand up for you with compassion that equals our knowledge of criminal defense law.

Contact us today at 512-474-2222 to schedule a free consultation and begin building your defense. Hablamos Español.