Discreet and experienced legal representation for individuals facing prostitution or solicitation charges in Houston and Harris County, including first-time offenses that now carry felony-level penalties under Texas law.
A prostitution or solicitation charge in Texas carries consequences that extend far beyond any fine or short sentence. Since 2021, a first offense solicitation of prostitution charge is a state jail felony in Texas, not a misdemeanor. The damage to employment, professional licensing, personal relationships, and public reputation can begin before a single court date occurs, and it can follow a person for years after a case is resolved.
David Smith is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Brazoria County prosecutor. He understands how prostitution and solicitation cases are built, how undercover operations are conducted in Harris County, and exactly where the evidence in these cases is most open to legal challenge. Every case is handled with complete confidentiality from the first consultation through the final resolution. Contact our firm today for a free consultation.
Solicitation of prostitution under Texas Penal Code §43.021 became a state jail felony for a first offense in September 2021. A second offense is a third-degree felony. If the person solicited is a minor or a trafficking victim, the charge escalates significantly regardless of whether the defendant knew. Prostitution under §43.02 remains a Class B misdemeanor for a first offense but increases with prior convictions. No actual exchange of money or sexual contact needs to occur for either charge. An agreement alone is sufficient under Texas law.
These charges frequently arise from undercover sting operations conducted online or in person. Law enforcement places advertisements, creates profiles, or has officers pose as individuals seeking or offering sexual services. The evidence consists primarily of communications records, recorded conversations, and officer testimony about what was observed and said. The exact content of those communications and what they actually establish legally is frequently the most important issue in these cases.
The 2021 change that made first-offense solicitation a state jail felony was a significant shift in how these cases are prosecuted and what they mean for a defendant’s record. A state jail felony conviction carries 180 days to 2 years in state jail, fines up to $10,000, and a permanent felony record. Unlike a misdemeanor, a felony conviction affects the right to vote, the ability to possess firearms, and access to many professional licenses. We take the seriousness of that change seriously in how we approach every solicitation case from day one.
Online solicitation stings in Harris County typically involve an officer or confidential informant creating an advertisement or profile on a platform used for commercial sexual services, then communicating with individuals who respond. The officer documents the conversation, arranges a meeting, and makes an arrest when the person arrives at the agreed location. The legal sufficiency of these operations depends on the content of the communications, the specific words used, who initiated the sexual discussion, and whether what was agreed to actually constitutes solicitation under the statute. Many sting operations produce communications that are more ambiguous than the arrest report suggests.
Entrapment occurs when a law enforcement officer or agent induces a person to commit an offense they would not otherwise have committed. It is a recognized defense in Texas under Texas Penal Code §8.06, and it is more applicable in solicitation cases than in almost any other context. The key question is whether the defendant was predisposed to solicit before law enforcement made contact, or whether the government’s conduct created a criminal situation the defendant would not have entered without the inducement. We examine the full sequence of communications in every solicitation case to evaluate whether entrapment is a viable and provable defense on the specific facts.
Privacy protection is a central concern in prostitution and solicitation cases, and we treat every matter with complete confidentiality from the initial consultation through any post-case record relief proceedings. Beyond the defense itself, our firm evaluates whether expunction or nondisclosure is available following a favorable resolution. In many first-offense cases that are resolved through dismissal or deferred adjudication, the record can be sealed or cleared under Texas law, allowing a client to move forward without a permanent public record of the charge.
Early legal involvement gives us the best opportunity to pursue these outcomes. The decisions made at the earliest stages of a solicitation case, including what is said to law enforcement and how the initial court proceedings are handled, affect whether record relief is available later. Our firm advises every client on these issues from day one.
