Facing Solicitation or Prostitution Charges in San Antonio? Your Guide to Legal Defense

Understanding Solicitation and Prostitution Charges in Texas

In Texas, charges related to prostitution and solicitation are not minor infractions; they are serious criminal offenses that can carry significant legal penalties and lasting damage to your reputation, career, and family life. Whether you are accused of offering or agreeing to pay for a sexual act (solicitation) or receiving payment for a sexual act (prostitution), the state pursues these charges aggressively under Texas Penal Code § 43.02. At Barton & Associates, Attorneys at Law, we understand that these allegations often stem from complex circumstances, including law enforcement sting operations, and can ensnare individuals from all walks of life. The immediate consequences of an arrest—jail time, fines, public exposure—are daunting, but the long-term collateral damage can be even more severe. You need a defense strategy that starts now to protect your future.

A conviction for solicitation or prostitution in Texas creates a permanent criminal record, often labeled as a “crime of moral turpitude.” This can lead to the loss of professional licenses (in fields like nursing, real estate, or law), termination from employment, denial of housing applications, and devastating harm to your personal relationships. For non-citizens, a conviction can trigger deportation proceedings or make you permanently inadmissible to the United States. The stakes are simply too high to navigate the legal system without an experienced and aggressive advocate by your side.

Decoding Texas Law: Prostitution vs. Solicitation of Prostitution

While often discussed together, prostitution and solicitation are distinct charges under Texas law, each with specific elements the prosecution must prove.

• Prostitution (Texas Penal Code § 43.02(a)): A person commits this offense if they knowingly offer or agree to receive a fee from another person in exchange for a sexual act. This charge typically applies to the person offering the sexual service for payment.
• Solicitation of Prostitution (Texas Penal Code § 43.02(b)): A person commits this offense if they knowingly offer or agree to pay a fee to another person for the purpose of engaging in a sexual act. This charge applies to the person seeking to pay for the sexual service.

A critical aspect of these laws is that an agreement alone can constitute the crime. The sexual act does not need to be completed for an arrest and conviction to occur. This is particularly relevant in cases involving undercover police stings, where an officer may pose as a sex worker or a client.

The Severe Penalties for Solicitation and Prostitution Convictions

The penalties for these offenses vary based on prior convictions and other factors, but they are uniformly serious. A standard first-time prostitution or solicitation charge is typically a Class B misdemeanor. However, the law includes several provisions that can enhance the charge to a felony with prison time.

• First Offense (Standard): Class B Misdemeanor. Up to 180 days in county jail, fine up to $2,000
• Second Offense: Class A Misdemeanor. Up to 1 year in county jail, fine up to $4,000
• Third or Subsequent Offense: State Jail Felony. 180 days to 2 years in state jail, fine up to $10,000
• Solicitation/Prostitution of a Minor: (<18) Felony (2nd Degree) 2 to 20 years in prison, fine up to $10,000
• Promotion of Prostitution: Varies (Felony.) Severe penalties for compelling prostitution or operating a brothel

Enhancements and Collateral Consequences:

• HIV Testing: The court may order a defendant convicted of prostitution to undergo HIV testing.
• Driver’s License Suspension: A conviction for solicitation can result in a mandatory 6-month driver’s license suspension.
• Public Shame: In many jurisdictions, local ordinances or court orders may require the publication of the names of those convicted of solicitation.
• Sex Offender Registration: While standard prostitution/solicitation does not typically require registration, any charge involving a minor will mandate lifetime sex offender registration.

Our Strategic Defense Approach to Prostitution and Solicitation Charges

At Barton & Associates, we deploy a meticulous, multi-faceted defense strategy. Our goal is not only to fight the immediate charges but to protect your long-term interests and record.

1. Challenging the Legality of the Police Sting Operation

Many solicitation arrests result from undercover sting operations. We rigorously examine the conduct of law enforcement to identify constitutional violations, including:

• Entrapment: Did police officers go beyond providing an opportunity and actually induce or persuade you to commit a crime you were not predisposed to commit? We analyze the conversation and conduct of undercover officers to build a strong entrapment defense.
• Illegal Stop or Search: Was there reasonable suspicion for the initial contact? Was any search conducted without probable cause or valid consent? If evidence was obtained illegally, we file a Motion to Suppress.

2. Attacking the Element of “Knowledge” and “Agreement”

The prosecution must prove you knowingly offered or agreed to exchange a fee for a sexual act. We challenge this by examining:

• Ambiguous Language: Many sting operations rely on vague or coded language. We argue that your statements were misinterpreted or did not constitute a clear agreement to violate the law.
• Lack of Criminal Intent: We present evidence that you had no intention of engaging in a paid sexual act, and the situation was a misunderstanding.

3. Negotiating for Pre-Trial Diversion and Case Resolution

For many first-time offenders, avoiding a conviction is the paramount goal. We leverage our relationships with local prosecutors to negotiate favorable outcomes, such as:

• Pre-Trial Diversion (PTD): A program that allows charges to be dismissed upon completion of conditions like community service or a class.
• Deferred Adjudication: A form of probation where, upon successful completion, the case is dismissed without a final conviction.
• Reduction to a Lesser Charge: Negotiating to reduce a solicitation charge to a non-sexual disorderly conduct offense, which carries far fewer collateral consequences.

4. Vigorous Trial Defense

If your case proceeds to trial, we are fully prepared to defend you before a jury. We challenge the credibility of undercover officers, expose flaws in the investigation, and present a compelling case that creates reasonable doubt about your guilt.

The Critical Issue of “Solicitation of a Minor” and Online Stings

A particularly severe area involves charges of solicitation of a minor, which often arise from online chat stings conducted by law enforcement posing as minors. These are second-degree felonies punishable by 2 to 20 years in prison and mandatory sex offender registration. Defending these cases requires specialized knowledge to challenge digital evidence, examine the conduct of undercover officers for entrapment, and contest the state’s ability to prove you believed you were communicating with an actual minor.

Why Barton & Associates Is Your Strategic Advantage

When facing the stigma and severity of these charges, your choice of attorney is critical. Our firm provides distinct advantages:

• Former Prosecutorial Insight: Our attorneys have experience on the prosecution side. We understand how the state builds these cases, what evidence they rely on, and where their arguments are vulnerable.
• Discretion and Sensitivity: We handle every case with the utmost discretion, protecting your privacy while providing compassionate, straightforward counsel during a stressful time.
• Trial-Ready Advocacy: We prepare every case as if it is going to trial. This readiness gives us significant leverage in negotiations and ensures we can fiercely defend your rights in court if necessary.

Take Immediate Action to Protect Your Rights and Future

If you have been arrested or are under investigation for solicitation or prostitution, you must act immediately. Do not discuss the details of your case with anyone, especially law enforcement, without an attorney present. Anything you say can and will be used against you.

Contact Barton & Associates today at 210-500-0000 for a confidential and urgent case evaluation. Our experienced criminal defense attorneys will immediately begin working to protect your rights, explore all defense options, and pursue the best possible outcome to safeguard your future.

Main Category: Criminal Defense
Practice Area Category: Sex Crimes
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000