Houston Escort Defense Attorney

Prostitution accusations can harm your reputation and result in criminal charges and penalties. If you have been arrested and are facing prosecution, you may require the legal advice and resources of a top-rated Houston escort defense attorney from The Law Office of David A. Breston.

For 20+ years, our Houston criminal defense attorneys have aggressively fought for more than 4000 clients and amassed countless positive reviews on social media. When you need a defense team that will make your future their top priority, our firm could be the right choice for your case. Contact us for a confidential consultation today.

Houston’s Sexually Oriented Business Law: Chapter 28, Article VIII

There are multiple rules and regulations that sexually oriented businesses must abide by under Houston’s sexually oriented business law under Chapter 28. Article Vlll. Those found in violation of these rules may face criminal prosecution. This offense would be considered a class A misdemeanor, punishable by up to one year in jail and fines not to exceed $4,000. As described under Sec. 28-258, employees are expected to follow the rules of conduct. Some of the most notable requirements include:

1. No exposing “specified anatomical areas” or touching the customer’s clothing while engaging in sexual activity.
2. No exposure of “specified anatomical areas”, entertainment, or engaging in sexual activity in locations that are separate from the rest of the establishment.
3. No approaching closer than 3 feet while engaging in sexual activity, and entertainment, or exposing “specified anatomical areas.”

The official language of the Houston municipal codes read as follows:

“Sec. 28-258. – Conduct of employees.

(a) It shall be unlawful for any entertainer to touch a customer or the clothing of a customer while engaging in entertainment or while exposing any specified anatomical areas or engaging in any specified sexual activities.

(b) It shall be unlawful for any entertainer to approach closer than three feet to any customer while engaging in entertainment or while exposing any specified anatomical areas or engaging in any specified sexual activities.

(c) It shall be unlawful for any employee to engage in entertainment or to expose any specified anatomical areas or engage in any specified sexual activities in the presence of a customer in any separate area within an enterprise to which entry or access is blocked or obscured by any door, curtain or other barrier separating entry to such area from any other area of the enterprise.”

Is Escorting Legal in Texas?

Yes, escorting is legal in Texas. Escorts might accompany their clients to events, on dates, or simply spend time together. However, their services are typically non-consensual, as escorts are being paid for the companionship they offer.

However, if an escort agrees to engage in sexual activity with a client after the date, it would not be considered escort services but would instead rise to the level of prostitution.

The Entrapment Defense

Entrapment is one of the most common defenses used in solicitation, prostitution, and other sex crime cases. This is, in part, because law enforcement officials will often conduct “sting” operations in massage parlors, escort services, or even gentlemen’s clubs.

However, for the entrapment defense to be viable in your case, we must be able to show that you would not have committed the offense if it were not for the police or investigators who enticed you. This is detailed in the Criminal Resource Manual under CRM 500–999 from the Department of Justice (DOJ). The language of the CRM reads as follows:

Section 645: Entrapment

“Government agents may not originate a criminal design, implant in an innocent person’s mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute.”

Jacobson v. United States, 503 U.S. 540, 548 (1992). A valid entrapment defense has two related elements: (1) government inducement of the crime, and (2) the defendant’s lack of predisposition to engage in the criminal conduct. Mathews v. United States, 485 U.S. 58, 63 (1988).”

Consult a Top-Rated Houston Escort Defense Lawyer for Help Today

The allegations against you may be serious, but you have an opportunity to put these charges behind you and build a brighter future. Since opening our doors back in 1997, our legal advocates with The Law Office of David A. Breston have fought for the rights of thousands of innocent and accused.

Every client has the opportunity to help us repair an unjust criminal justice system. When you are ready to take back control of your life and clear your name, fill out our secured contact form or call our office to schedule your confidential consultation as soon as today.