Have You Been Charged with a Prostitution Offense in The Houston Area?
Seeking or offering sex in exchange for money has always been against the law in Texas. However, recent changes to state law have made prostitution-related crimes felonies, rather than misdemeanors. Along with the social ramifications of a prostitution charge, defendants in these cases are now at risk of life-altering felony convictions and related consequences, including longer prison sentences.
Any person charged with a crime is entitled to an attorney. If you or a loved one has been charged with a prostitution offense in Houston, it is important to be aware of your legal rights. You can learn more from former prosecutor and current Houston prostitution defense attorney Nathaniel Pitoniak: call (832) 536-9183 for a consultation.
New Texas Law Makes Soliciting Prostitution a Felony
On September 1, 2021, a new Texas prostitution law went into effect. While exchanging money for sex has always been illegal in the state of Texas, this new law enacts much harsher penalties. Prior to September, soliciting prostitution was a Class B misdemeanor in Texas. With the passing of this new law, House Bill 1540, Texas became the first state in the nation to make soliciting prostitution a felony.
How Does Texas State Law Define Soliciting Prostitution?
According to Section 43.021 of HB1540 someone is guilty of soliciting prostitution if he or she “knowingly offers or agrees to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another.” This means that currency does not need to actually change hands and sexual contact does not need to occur for someone to be charged with this crime. Simply agreeing to some form of payment in exchange for sex meets the definition.
What is the Punishment for Soliciting Sex in Texas?
The definition of this criminal offense has not changed, but the severity of punishment has changed significantly. The previous Class B Misdemeanor offense for soliciting prostitution carried a maximum sentence of 180 days in county jail and up to $2,000 in fines. The new offense can be classified as either a state jail felony offense or a 3rd-degree felony. Under this new law, someone convicted of soliciting prostitution could face between 180 days and two years in prison, along with a fine of up to $10,000.
These penalties are harsher for repeat offenders. A second conviction for soliciting prostitution is classified as a third-degree felony and carries a possible penalty of between 2 and 10 years in prison and a fine of up to $10,000. With such severe penalties, an optimal courtroom defense is paramount. Anyone charged with soliciting sex in Houston or other parts of Texas should strongly consider discussing their case with a seasoned Houston attorney.
Why Was the Texas Prostitution Law Passed?
Authors and supporters of the new Texas prostitution law have argued that it will help fight human trafficking. According to HB1540 author, Texas State Rep Senfronia Thompson, “We know the demand is the driving force behind human trafficking. If we can curb or stamp out the demand end of it, then we can save the lives of numerous persons.”
The bill was written based on the recommendations of the Texas Human Trafficking Task Force, a group of legislators that formed in 2009. While it has plenty of supporters, some involved in the fight against human trafficking remain skeptical that this legislation will help victims. These critics argue that dedicating resources to law enforcement takes money away from other programs that help victims, like social services and legal advocacy.
Texas Law Enforcement Agencies Conduct Prostitution Stings Following Enactment of New Law
Law enforcement agencies throughout Texas have ramped up their efforts to combat prostitution since the new law went into effect in September. There have been several sting operations in Harris County and many other parts of Texas. Those arrested now face felony charges. If you have been arrested in a prostitution sting in Houston, you can learn more about your legal rights and possible defense by discussing your case with an experienced Houston prostitution attorney.
Police in Harris County wasted no time in seeking felony prostitution arrests. The Constable’s Office for Harris County Precinct 4 made ten arrests as part of an undercover prostitution sting that began on September 1, the same day the new law went into effect.
Common Defenses to Prostitution Charges in Houston
Every prostitution charge involves unique circumstances, so each case must be evaluated on an individual basis. However, there are a few common types of defenses against prostitution-related crimes:
- Entrapment – In cases where an undercover police officer posed as a prostitute, entrapment may be a possible defense. An attorney could argue that the defendant was coerced or otherwise pressured to exchange money for sex.
- Insufficient evidence – The prosecution’s evidence can be challenged in many cases. For example, if no money was exchanged, the defense could argue that there is not enough evidence for a prostitution charge.
- Violation of civil rights – Prostitution offenses and other criminal charges may be dropped if the defendant’s rights were violated. For example, the charge could potentially be affected if the arresting officer did not read you your Miranda rights.
An established Houston sex crime defense attorney is qualified to determine how to best defend against a prostitution charge. Contact Nathaniel Pitoniak right now for a consultation.
Prostitution in the Media
Law enforcement agencies love to arrest people for prostitution because the newspapers and television stations publish these arrests, which generates attention to the law enforcement agency making the arrest. Newspapers such as the Houston Chronicle and local television stations know these will generate “click-bait” articles that publicly shame the arrested by allowing strangers to look at the accused’s mugshot and name. With each click and scroll through the list, the website receives additional advertisement revenue.
Prostitution is illegal in Texas and most states in the nation and is immoral according to almost every religion, but people who make this mistake do not usually deserve the severe punishment they may receive for committing this sin. However, the media receive advertisement revenues from placing people in the puritanical stockades, in exchange for which the arresting agencies receive headlines.
Charged with Soliciting Prostitution?
In any type of criminal case, the rights of the defendant can be protected by legal counsel. If you have been charged with soliciting prostitution in Houston, it is crucial to understand your legal rights, and your legal options. A felony conviction can have lifelong implications. You can learn more about your legal rights after being charged with a sex crime by contacting Houston prostitution attorney Nathaniel Pitoniak for a consultation.
Nathaniel Pitoniak has witnessed cases where undercover officers try to coerce a suspect into agreeing to exchange money for “sexual conduct,” in order to justify an arrest, even though the purpose of the suspect’s visit is for something not contained within the legal definition of “sexual conduct.” Sometimes people are lonely and seek companionship outside of the definition of “sexual contact,” but nonetheless agree to the elements of the offense the police are attempting to make. While lawmakers may believe this new law could be used to stop sex trafficking, many solicitation of prostitution arrests punish “johns” who are not involved in sex trafficking.
Charged with Prostitution in Houston?
On the other side of the coin, sometimes the women who are charged with engaging in prostitution face very difficult life circumstances and people who are bad influences which lead them to make the poor decision to sell sex for money.
Additionally, many people who are charged with prostitution are victims of human trafficking who are forced into selling sex against their will. These victims deserve compassion and support, not criminal charges.
If you have been charged with prostitution in Houston, you have legal rights. An experienced Houston criminal defense lawyer can help you understand these rights and guide you through each step of the legal process. Additionally, your attorney can draw on their past experience in prostitution cases and examine all of the facts of your case in order to construct a strong legal defense against the charges you face.
Houston prostitution defense attorney Nathaniel Pitoniak has successfully represented both men and women accused of these crimes and believes both should be treated with compassion.
Why Do You Need a Houston Prostitution Lawyer?
A prostitution conviction can have serious repercussions on your reputation, family life, and employment prospects. If you are in Harris County or surrounding counties such as Fort Bend, Montgomery, or Galveston County and have been charged with prostitution, you will need an experienced and successful criminal defense lawyer like Nathaniel Pitoniak to provide you with legal advice and representation. Although the results of each case differ and past results are not a guarantee of results that may be obtained in your case, Nathaniel Pitoniak has successfully tried several prostitution cases. He has also received pre-trial intervention deals, an agreement where the client can avoid pleading guilty and the case is dismissed following a reset in which the client may not get into trouble for a set period of time. Whether such agreements are awarded depends, in part, on whether the lawyer you hire can tell a compelling story about what kind of person you are.
As a former prosecutor with over 15 years in practice, Nathaniel Pitoniak has handled many prostitution cases and will be able to create a strategic defense for your case. Call Nathaniel Pitoniak at (832) 648-4362 for a consultation today.
