(Washington Insider Magazine) —In the vast expanse of Texas, where everything is known to be bigger, the enforcement of solicitation laws is no exception. Whether you are a seasoned Texan or just passing through, it’s crucial to comprehend the ins and outs of solicitation laws in the Lone Star State. In this article, we will discuss solicitation, how it is enforced, the associated penalties, and potential defenses you can employ. So, let’s dive into the world of solicitation in Texas and explain the query: Is soliciting illegal in Texas?
Solicitation in Texas: What Does It Entail?
Solicitation in Texas is a term used to describe the act of one person paying for or exchanging something of value in return for sexual favors or acts. In simpler terms, it’s the sale of sexual intercourse between individuals. If a person knowingly engages in a sexual act or offers to do so in exchange for money or compensation, they can be charged with solicitation. Importantly, completing the sexual act is not a prerequisite for facing charges; merely attempting to do so by exchanging money is sufficient to warrant legal action.
Enforcement of the Law: Is Soliciting Illegal In Texas?
Law enforcement agencies in Texas employ various methods to enforce solicitation laws, with sting operations being one of the most prevalent. In these operations, undercover officers or actors pose as prostitutes to catch individuals seeking paid sexual services. When the individual attempts to engage in the paid-for sexual act, law enforcement swiftly intervenes and makes an arrest.
It’s crucial to note that these operations are considered legal and permissible when they follow strict procedural rules. Contrary to common belief, this is not entrapment, a defense that applies when officers manipulate individuals into committing actions they would not otherwise commit. While there are defenses available for solicitation charges in Texas, the entrapment defense is often of limited utility.
Penalties for Solicitation in Texas
The penalties associated with solicitation charges in Texas change depending on the number of prior convictions for the offense. As the number of convictions increases, so does the severity of the penalties, which can even escalate to a felony.
- First Conviction: A first solicitation conviction in Texas is classified as a Class B misdemeanor and carries the following potential fines
- About 180 days in prison
- A maximum possible fine of up to $2,000
- Second Conviction: A second solicitation conviction is categorized as a Class A misdemeanor and comes with these potential fines
- Up to 1 year in prison
- A maximum possible fine of up to $4,000
- Third or Subsequent Conviction: If an individual has been convicted of solicitation for the third or subsequent time, it becomes a state jail felony, resulting in penalties such as
- A sentence ranging from 180 days to 2 years in jail
- A maximum fine of up to $10,000
Solicitation of a Minor: A More Severe Offense
The severity of solicitation charges in Texas increases exponentially when a minor is involved. If an individual solicits a minor for a sex act, the offense is elevated to a second-degree felony, carrying the following potential penalties:
- Up to 20 years in state prison
- A maximum possible fine of $10,000
Notably, claiming ignorance regarding the minor’s age is not a valid defense. Consequently, individuals charged with solicitation of a minor must rely on alternative defenses to protect themselves.
Defenses for Solicitation Charges in Texas
When facing solicitation charges in Texas, exploring potential defenses that could mitigate or dismiss the charges is essential. While claiming ignorance of the minor’s age is not a viable defense in cases involving minors, other defenses can be employed:
- Lack of Intent: Demonstrating that you did not have the intent to engage in the solicited act can be a strong defense. This could involve proving that you were not aware of the sexual nature of the arrangement
- Mistaken Identity: If there is evidence that you were mistaken for someone else or falsely accused, this can cast doubt on the authentication of the charges
- Entrapment: Although not commonly successful, if you can establish that law enforcement engaged in tactics that coerced or pressured you into committing the offense, an entrapment defense may be considered
- Consent: In some cases, demonstrating that the act was consensual and did not involve any form of coercion or force can be a defense
Final Words: Is Soliciting Illegal In Texas?
In conclusion, solicitation laws in Texas are taken very seriously, and the fines can range from misdemeanor to felony, depending on the circumstances and prior convictions. When facing solicitation charges, it is crucial to set a meeting with an attorney who can help you navigate the legal intricacies and explore potential defenses.