6 Ways to Beat a Solicitation Charge in Texas
Over the years, states have taken a harder stance against prostitution. Texas is no different. According to the Texas DPS Crime Records Report and Statistical Information, there were almost 20,000 people convicted of solicitation or prostitution offenses from 2016-2020.
In September 2021, Texas legislators passed stricter laws against prostitution in an effort to crack down on the rise of trafficking cases. With this new legislation, Texas became the first state in the country to make soliciting a prostitute a felony offense.

The law has changed and the punishment for those caught ‘purchasing’ sex services is now much harsher. If you are facing solicitation charges, it is more important than ever to find a qualified and experienced lawyer who can help you build a solid defense. Call us today to speak with one of our knowledgeable defense attorneys about your case.
Possible ways to beat a Texas solicitation charge
- You can prove police entrapment.
- You can prove you agreed to engage in the conduct against your will.
- You can prove that you didn’t know the other person was a prostitute.
- You can prove the evidence against you is insufficient or untrustworthy.
- You can prove that you did not agree to exchange money in exchange for the act.
- You can prove that it was legally impossible for you to have engaged in the act of solicitation.
What is Solicitation in Texas?
If a person offers or agrees to engage in sexual acts for money, they are considered to be prostituting or soliciting as defined by the Texas Penal Code, whether or not they actually receive or pay any money.
- Prostitution: If somebody offers or agrees to receive payment for sexual favors, they have committed a crime.
- Solicitation of prostitution: If somebody offers or agrees to pay another person in order to have sexual intercourse with them, they are committing an offense.
- Promotion of prostitution: Pimping, or pandering, is a crime. It is an offense to knowingly: (1) receive money or property from the proceeds of an act of prostitution; or (2) solicit someone to engage in sexual conduct with another person in exchange for compensation.
- Online promotion of prostitution: If an individual owns, manages, or operates an interactive computer service or information content provider intending to help another person prostitute themselves or solicit prostitution from others, they have committed an offense.
- Aggravated promotion of prostitution: If somebody is aware that they are owning, investing in, financing, controlling, supervising, or managing a prostitution enterprise with two or more prostitutes working for it, then they have committed an offense.
- Aggravated online promotion of prostitution: If a person owns, manages, or operates an interactive computer service provider or information content provider with the intent to promote prostitution for five or more persons, they have committed an offense. The same is true if they operate as an information content provider and facilitate five or more solicitations of prostitution.
- Compelling prostitution: If a person knowingly causes another to commit prostitution by force or threat, they have committed an offense. If a person by any means causes a child under 18 years old to commit prostitution – even if the actor didn’t know the age of the said child – they have also committed an offense.
What is the new solicitation law in Texas?
If convicted of solicitation in Texas, you are now looking at a state jail felony charge. This means that you could serve up to two years in prison and have to pay a fine no larger than $10,000. If this is your second offense, the penalties become much more severe- serving time ranged between two to ten years and/or receiving another fine not exceeding $10,000.If you’ve been charged with solicitation in Texas, these newer, harsher penalties mean you need an exceptional criminal defense firm on your side. At Edward Law Group, our criminal defense lawyers have years of experience handling cases like yours. You cannot risk prison time and your future – call us today to see how we can help!
How can an experienced solicitation lawyer help?
The new penalties for solicitation in Texas are rather severe, but an attorney experienced with solicitation charges can help you. There are legal defenses that can be utilized to defend you if the case goes to court, but only a criminal defense firm that has handled many of these cases will understand the subtleties involved. It’s important to remember that the prosecutor does not need to prove much beyond intent in most solicitation cases and entrapment claims are very difficult to win. The criminal defense attorney you choose to stand by your side throughout your case is crucial. To ensure the success of your case, it’s only advisable that you discuss details with your defense lawyer. So call us today for a consultation.
Texas Penal Code Title 9, Sec. 43.021. SOLICITATION OF PROSTITUTION
Sec. 43.021. SOLICITATION OF PROSTITUTION.
If you knowingly offer or agree to pay someone a fee in order to engage in sexual conduct with them, you have committed an offense.
(b) If an individual commits an offense under Subsection (a), they will receive a state jail felony, unless:
(1) the actor has been previously convicted of an offense under Section 43.02(b), as that law existed before September 1, 2021; in which case it would only be a third-degree felony.
(2) However, if the person with whom the actor agrees to engage in sexual conduct is:
(A) younger than 18 years of age, even if the actor is unaware of the person’s age at the time of offense.
(B) falsely led the actor to believe that they were younger than 18 years of age; or
(C) the actor believed them to be younger than 18 years of age.
If convicted, the court may choose to enhance the sentence under this section or Subchapter D, Chapter 12A defendant is considered to have been previously convicted of an offense under this section if the defendant was adjudged guilty of the offense or entered a plea of guilty, regardless of whether the sentence for the offense was ever imposed.
This act was added in 2021 by the 87th Legislature and will take effect on September 1st of that year. It has been amended by Acts 2021, 87th Leg., R.S., Ch. 807 (H.B 1540), Secs 28-30, all with an effective date of September 1st, 2021.



