Solicitation of Prostitution Lawyer in Houston, Texas | Harris County Criminal Defense
If you or a loved one has been arrested for solicitation of prostitution in Houston or Harris County, Texas, you need an experienced criminal defense attorney who knows how to fight these charges. At Houston Criminal Defense Attorneys PLLC, we understand the serious consequences — from jail time and fines to permanent damage to your reputation. Our team has defended countless clients accused of solicitation and related offenses, and we know the strategies that work in Harris County courts. Call today for aggressive, confidential defense when you need it most.
Understanding Solicitation of Prostitution Charges in Houston, Texas
Under Texas Penal Code § 43.021, a person commits the offense of solicitation of prostitution if they offer or agree to pay another person for sexual conduct. Importantly, Texas law makes it a state jail felony for the individual seeking to buy sexual services — meaning even a first-time arrest in Houston or Harris County can carry harsh penalties. A conviction can result in 180 days to 2 years in a state jail facility, fines up to $10,000, and permanent damage to your criminal record. Because Harris County prosecutors treat these cases very seriously, you need an attorney who understands both the law and the local court system to protect your future.
Defending Solicitation of Prostitution Charges in Harris County
Every case is unique, and the right defense depends on the facts. At Houston Criminal Defense Attorneys PLLC, we carefully investigate every detail of your arrest to find weaknesses in the State’s case. In solicitation cases, possible defenses may include entrapment by law enforcement, lack of intent or agreement, or insufficient evidence to prove that an actual offer occurred. We also challenge the credibility of undercover operations and the legality of police tactics used in sting operations throughout Houston and Harris County. Our goal is to protect your rights, your reputation, and your future — whether that means negotiating a dismissal, reducing charges, or fighting for you at trial.
Texas Penal Code § 43.021 – Solicitation of Prostitution Explained
Texas took a bold step in 2021 by making solicitation of prostitution a separate offense under Texas Penal Code § 43.021. This law specifically targets individuals accused of offering or agreeing to pay for sexual conduct. Unlike the traditional prostitution statute, this offense focuses entirely on the buyer — making Texas the first state in the country to elevate solicitation of prostitution to a felony offense.
​
Here’s how the law breaks down:
​
-
State Jail Felony (First Offense): If you are accused of knowingly offering or agreeing to pay for sexual conduct, the charge begins as a state jail felony. Punishment includes 180 days to 2 years in a state jail facility and up to $10,000 in fines.
​
-
Third-Degree Felony (Repeat Offense): If you have a prior conviction (including deferred adjudication) for solicitation of prostitution or the old prostitution statute, the charge increases to a third-degree felony — punishable by 2 to 10 years in prison and up to $10,000 in fines.
​
-
Second-Degree Felony (Minor Involved): If the alleged solicitation involved someone under 18 years old — even if the defendant did not know their true age, or was told they were under 18 — the offense becomes a second-degree felony, punishable by 2 to 20 years in prison and up to $10,000 in fines.
​
-
Enhanced Penalties Near Schools or Events: If the offense occurs within 1,000 feet of a school or during a school or UIL event, the punishment level automatically increases one degree higher.
​
Importantly, the law also states that a prior deferred adjudication for this offense still counts as a conviction for enhancement purposes. This means that even if you avoided a formal conviction the first time, it can still be used to increase punishment if you are accused again.
Understanding how these laws apply in practice requires skilled legal guidance. At Houston Criminal Defense Attorneys PLLC, we break down the statute, analyze the evidence, and fight to ensure that every possible defense is explored on your behalf.
Consequences of a Solicitation of Prostitution Conviction in Texas
Being accused of solicitation of prostitution in Houston or Harris County is overwhelming enough, but a conviction can affect far more than your criminal record. Because this offense is classified as a felony in Texas, the consequences extend into nearly every part of your life.
​
-
Criminal Record: A felony conviction becomes permanent, following you forever in background checks. Even a deferred adjudication can count as a prior conviction for enhancement under the law.
​
-
Employment & Professional Licenses: Many employers refuse to hire individuals with a prostitution-related felony. Licensed professionals (doctors, nurses, teachers, lawyers, real estate agents, etc.) may face disciplinary action or loss of licensure.
​
-
Reputation & Family Impact: Allegations of solicitation of prostitution can damage marriages, custody cases, and social standing. The stigma often outlasts the case itself.
​
-
Immigration Consequences: For non-citizens, a solicitation conviction can be treated as a “crime involving moral turpitude,” which may affect immigration status, visas, or naturalization.
​
-
Travel & Housing Restrictions: Convictions can make it harder to travel internationally, lease an apartment, or secure housing.
​
Because these cases carry life-altering consequences, hiring an experienced Houston criminal defense attorney is the single most important step you can take. At Houston Criminal Defense Attorneys PLLC, we fight not only to protect your freedom but also to shield your reputation and your future from lasting harm.
How Solicitation of Prostitution Cases Are Investigated in Houston
Most solicitation of prostitution arrests in Houston and Harris County come from undercover sting operations organized by local police or multi-agency task forces. These operations often target online platforms, hotels, massage businesses, or street-level encounters. Law enforcement officers pose as sex workers or use decoy ads to initiate conversations and arrange meetings. Once a suspect makes an offer or agrees to pay for sexual conduct, an arrest is often made immediately at the meeting location.
​
Key tactics used in Harris County include:
​
-
Online Ads & Messaging: Police frequently post decoy ads on websites or apps, then use chat logs and text messages as evidence.
​
-
Undercover Officers: An undercover officer may pose as a sex worker in person. Even vague discussions about money can later be presented as evidence of solicitation.
​
-
Recorded Conversations: Phone calls, text messages, and hidden recordings are often introduced at trial to prove an “agreement.”
​
-
Surveillance & Task Forces: Coordinated operations may involve surveillance teams, marked patrol units, and media coverage to increase public deterrence.
​
The problem with these tactics is that they often push the boundaries of entrapment and may lack clear proof that a real agreement occurred. At Houston Criminal Defense Attorneys PLLC, we know how to challenge sting operations, question the legality of police conduct, and highlight the weaknesses in the State’s evidence. By carefully reviewing the investigation methods, we work to expose any violations of your constitutional rights and fight to get your charges reduced or dismissed.
Defenses Against Solicitation of Prostitution Charges — Including Entrapment in Texas
Entrapment can be a powerful defense—if, and only if, the State’s actions crossed the line from simply offering an opportunity to actually inducing an otherwise law-abiding person to commit a crime.
Under Texas Penal Code § 8.06, entrapment requires two things:
​
-
You were induced by a law enforcement agent using persuasion or pressure likely to cause someone to commit the offense, and
-
The conduct went beyond merely affording an opportunity—that alone isn’t entrapment.
Once the defense raises evidence of entrapment, the State must disprove it beyond a reasonable doubt.
​
Objective vs. Subjective Standards
Texas courts look at both:
Objective: Would a reasonable, law-abiding person, not already predisposed to commit the crime, have been induced by police tactics?
​
Subjective: Was this defendant already predisposed to commit the offense, regardless of what the police did?
​
Texas Court of Criminal Appeals — Hernandez v. State, 176 S.W.3d 821 (Tex. Crim. App. 2005)
In Hernandez v. State, the Texas Court of Criminal Appeals explained that a trial judge does not have to accept a defendant’s entrapment testimony at face value. Even if the State does not directly contradict the defense, the judge can reject the claim if the defendant’s credibility is not convincing.
​
Other Defense Strategies in Solicitation Cases
​
Entrapment: Showing that undercover agents used manipulative tactics, repeated pressure, or coercion that an ordinary person would not normally succumb to.
​
Mistake of Fact / Lack of Intent: Demonstrating there was no true understanding or agreement about sexual conduct.
​
Insufficient Evidence: Arguing the State cannot prove a clear offer or agreement took place.
Constitutional Violations: Challenging unlawful searches, recordings, or police conduct that violated your rights.
​
At Houston Criminal Defense Attorneys PLLC, we carefully examine every detail of the State’s case, including how the investigation was conducted, and fight to build the strongest possible defense for our clients.