College Station Solicitation Lawyer

Solicitation of prostitution is considered an offense against public order and decency under state law. While a first offense of prostitution is generally a misdemeanor, solicitation convictions can impose harsher felony penalties.

Aside from potential jail time, having a permanent criminal record that includes solicitation charges can negatively impact your life and expose you to public stigma.

Contact a College Station solicitation lawyer to assist you with your case if you were charged with soliciting. A hardworking criminal defense attorney could fight to defeat the charges and help you return to normal life.

How Solicitation Differs From Prostitution

The difference between solicitation and prostitution depends on whether a person is paying or receiving a fee in return for sexual services. Generally, Texas Penal Code Annotated § 43.02 defines prostitution as knowingly offering to receive a fee in exchange for sexual conduct.

In contrast, Tex. Penal Code Ann. § 43.021 defines solicitation as knowingly offering or agreeing to pay a fee in return for engaging in sexual conduct with the offeror or another.

The fee is not limited to cash and can consist of any goods, services, or benefits. In addition, the rule states that sexual conduct consists of sexual intercourse and contact.

Is Solicitation a More Serious Offense Than Prostitution?

A first offense of prostitution is generally considered a third-degree misdemeanor under state law. In contrast, solicitation is classified as a state jail felony under Tex. Penal Code Ann. § 43.021, classified as:

• A third-degree felony when the offender was previously committed of solicitation; or
• A second-degree felony when the offender offers or agrees to pay a fee to a person younger than 18 years old.

It is not an adequate defense to argue that the offender was not aware that the person they solicited prostitution from was under 18 years old. The rule also states that the punishment is increased if a prosecutor proves at trial that the solicitation occurred within 1,000 feet of a school, school function, or school-sponsored event.

State jail felonies impose harsher penalties than misdemeanors but lighter penalties than others. According to Tex. Penal Code Ann. § 12.35, state jail felonies can impose penalties of imprisonment from 180 days to two years and an up to $10,000 fine.

If the solicitation is upgraded to a second- or third-degree felony, a conviction can impose penalties including:

• Two to 10 years imprisonment and a maximum $10,000 fine for third-degree offenses under Tex. Penal Code Ann. § 12.34; or
• Two to 20 years imprisonment and a maximum $10,000 fine for second-degree felonies, according to Tex. Penal Code Ann. § 12.33.

In addition to jail time and fines, a criminal record from solicitation convictions can have other adverse consequences, such as:

• Negatively impacting your employment prospects;
• Disciplinary actions from your educational institution;
• Make it more challenging to find housing;
• Harming your immigration status; and
• Damaging your reputation through social stigma.

A College Station attorney could further explain the penalties for a solicitation charge during an initial consultation.

Potential Defenses to Solicitation Charges

The statute requires that the offender knowingly offer a fee in return for sex. Because of this, a lack of knowledge that the other person was engaging in prostitution is one potential defense.

Additionally, solicitation charges often result from police sting operations, making entrapment another potential defense per Tex. Penal Code Ann. § 8.06 if the following are true:

• You engaged in criminal conduct;
• The conduct occurred because you were induced to do so by a law enforcement agent;
• The inducement occurred through persuasion or other means; and
• The inducement was likely to cause you to commit the offense.

To avoid consequences, a Colleges Station lawyer could assess the best defense to solicitation charges based on the specific facts of your case.

Talk to a Solicitation Attorney in College Station Today

It is in your best interest to hire a College Station solicitation lawyer before speaking to law enforcement officials when you are charged with soliciting prostitution.

Hiring a knowledgeable attorney may help you secure a win in the courtroom and avoid the long-term life consequences of a solicitation conviction. Connect with The Greening Law Group today to schedule an initial consultation.