Houston Solicitation of Prostitution Defense Attorney

There is a wide range of sex crimes in Houston that a person can be charged with. Perhaps the most frustrating is ‘solicitation of prostitution’ because the legalities surrounding it are vague, confusing and controversial. For instance, there are countries across the globe where prostitution is legal and prostitution is even legal in the state of Nevada – but illegal in all of the other 49 states of the country. Even so, Nevada does limit it to certain counties. It is not legal statewide.

How Can David Breston Help With Your Solicitation of Prostitution Defense Case In Houston?

David Breston Has Been Fighting For Clients in Houston Since 1997 With over 4000 clients represented

PROFESSIONAL ASSOCIATIONS & MEMBERSHIPS

Texas Criminal Defense Lawyers Association, 1997 – Present | Member
National Association of Criminal Defense Lawyers Association, 1997 – Present
American Immigration Lawyers Association, 2004
Harris County Criminal Defense Lawyers Association, 1997 – Present

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Solicitation of Prostitution is a State Jail Felony

There are three broad categories of prostitution including escort, brothel and street prostitution and the severity of legal charges for this crime was originally somewhere at the ‘misdemeanor’ level, but has since been raised to a state jail felony as of 2021 under HB1540. It is considered to be an act of ‘public disorder’ for the most part and unfortunately tends to be the target of community shame and shunning as a means to ‘control’ if not prevent it from becoming entrenched in middle class America.

According to Texas Penal Code section 43.02(b), if you knowingly offer or agree to recieve a fee from another person to enage in a sexual act, you will face punishment at the level of a class jail felony. For first time offenders, you may face between 180 days or two years of jail time, and a fine of $10,000. For a repeat offender, punishment level can become a third degree felony which is punishable for up to 10 years in jail, or a second degree felony, which is up to 20 years in jail.

Here are additional punishments and laws regarding all areas of prostitution involvement from the promotion and the solicitation of prostitution. The actual level of punishments is based on various factors:

• Criminal record
• Ages of the parties involved
• Was there any use of threat, force, or fraud
• Any charges that go hand in hand such as assault

Convicted offenders of solicitation of prostitution charges must register on Texas state’s sex offender registry for atleast 10 years. Once you are registered, you loose specific rights such as specific jobs, education, housing, and more. This registry is public, so anybody who searches this information, will be able to see the details of your offense.

Possible Defenses to Solicitation of Prostitution Charges

Here are some possible defenses that a Houston solicitation of prostitution defense attorney may use to challenge your case.

• Lack of evidence of intent or knowledge: Prosecution has to prove beyond a reasonable double that the person offered money with an intent to solicit sexual acts. Without enough evidence, you may argue there was no intent.
• Entrapment: If you were arrested due to a sting operation that manipulated or coerced you into engaging in solicitation of prostitution, you can use the entrapment defense.
• Lack of credibility: Inconsistent statements or incomplete video evidence may lead to a lack of trustworthyness of evidence.
• Unlawful search: Evidence collected through an illegal search and seizure deems the evidence inadmissable.
• Mistaken identity: You are not the person who committed the crime, rather is somebody else.
• Under the influence: Excessive drug or alcohol use may cloud somebody’s actions.

Deep Dive of the Prostitution Industry

All indications are that prostitution is indeed the oldest profession in the world and a thriving industry as well – despite the fact that it is illegal. Some statistics show that profits from prostitution run into the tens of billions of dollars and that there is a surprising percentage of men who admit to utilizing the services of a prostitute at least once in their lives – and this admission includes seeking out homosexual prostitutes as well. Rarely discussed is the fact that a fair percentage of women also seek out the services of a prostitute as well.

The realities of this information should confirm that no amount of legal impunities will prevent or rid the world of prostitution. Laws have been enacted for years in an effort to curb and/or prevent prostitution. One example is a recent law signed by the Governor of Rhode Island in 2009 making the buying or selling of sexual services in that state a crime. But if you think that the states are the only one ‘getting into the act’ you’d be wrong. On numerous occasions that federal government has inserted itself into the battle to end prostitution. At one time or another -‘johns’ have been put on trial for everything from ‘slavery’ to tax evasion. Despite the best efforts of state and federal authorities, however, the sex trade continues to flourish and many believe that it will eventually become legal from coast to coast.

So what should you do if you are arrested for solicitation of prostitution or even for being accused of offering sexual favors in exchange for money? First, firmly and politely decline to say anything that will incriminate yourself. It is your constitutional right to remain silent – so do it. In this case – silence is golden.

Instead, request that David Breston, a Houston sex defense attorney be made available with whom you are able to discuss the situation and alternatives.