Prostitution Defense Lawyers

Collin, Denton & Surrounding Counties
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Prostitution Defense Lawyers

Collin, Denton & Surrounding Counties
Click to Call

Where Hard Cases Are Handled!  (469) 935-4600

Where Hard Cases Are Handled!

(469) 935-4600

24 HR Jail Release | Reduced Attorney Bonds

Prostitution Criminal Defense Lawyers in Frisco, Texas

Relentless Defense Against Sex Crimes Allegations in Frisco, Carrollton, Collin, Denton & Surrounding Counties

 

In the Collin, Dallas, Denton and surrounding North Texas counties, the offense of prostitution or soliciting prostitutes is taken very seriously and is subject to strict enforcement. Many people have the misconception that the crime takes place when someone engages in some kind of sexual behavior in return for money. This is not always the case, although such actions would constitute prostitution.  Instead, when an agreement is made to trade money for sex with another person, the act of committing the crime has already been completed. There is no requirement that there be sexual activities carried out. If you have been accused of prostitution in Frisco, Plano, and surrounding North Dallas areas, you need to contact the experienced Prostitution Defense Lawyers at Ridgely Davis Law to fight for you.

Law enforcement agencies will often examine these types of incidents using one of two approaches. In the first scenario, law enforcement conducts a “sting” operation against a prostitute. In the second scenario, law enforcement conducts a “sting” operation against those who are looking for a prostitute. This is accomplished by the use of a trick operation that is planned to capture the individual in the act. Typically, a law enforcement official or a member of the general public will play a role as a prostitute or a person interested in hiring a prostitute and go along with a suspect’s behavior to collect evidence of the prostitution crime. This is done in order to prepare a solid case to convict the suspect of their wrongdoing.

If you or someone you love is facing this charge, please contact the experienced Sex Crimes Defense Lawyers at Ridgely Davis Law in Frisco, TX serving Collin, Dallas, Denton and surrounding counties,  to discuss the specifics of your case. It cannot be overstated how important it is to get your defense started as early as possible.

Prostitution Under Texas Law

Prostitution refers to any form of sexual activity that is performed in exchange for payment. Even though it is illegal according to Section 43.02 of the Texas Penal Code, the law presumes that anybody who is accused of Prostitution or soliciting Prostitution is innocent unless they are proven guilty. That individual is entitled to legal representation and has the right to a fair trial in accordance with the law.  Contact the Collin, Denton County Prostitution Defense Attorney at Ridgely Davis Law now at (469) 935-4600 for a free assessment of your legal rights and alternatives, as our Frisco, Carrollton, Prostitution Defense Lawyers provide a vigorous defense for clients who are facing Prostitution accusations.

 

Is it a misdemeanor or a felony to engage in Prostitution in the state of Texas?

There are three exception to the rule that “prostitution” constitutes a Misdemeanor B under Texas Law:

  • If the offender has been convicted of Prostitution one or two times in the past, the new conviction will be considered a misdemeanor of the “Class A” level.
  • If the offender has been convicted of Prostitution three or four times in the past, the charge will be considered a state prison felony.
  • If the defendant solicited an individual for Prostitution who was younger than 18 or who they suspected to be under 18, Prostitution can be prosecuted as a crime of the second degree. This is because the defendant knew or had reasonable cause to believe that the individual was under the age of 18.

A Representational Structure for Prostitution and Solicitation Across the State

In the event that you have been accused of Prostitution or of soliciting the services of a prostitute, you should fight vehemently to safeguard your rights and your future as a prostitution charge on your record in an form will not go over well for future employment opportunities. Our Collin, Denton County Prostitution defense attorneys at Ridgely Davis Law have acquired a reputation for being strong defenders of people’s constitutional rights after they have been arrested for a sex offense. This reputation was achieved by hard work and dedication to our clients.  We will put that dedication to work for you.  Schedule a Free Case Evaluation to learn how we can help.

Arguments Used to Defend The Charge of Prostitution

According to the statutes of the state, a person charged with Prostitution has two viable defenses available to them as an Affirmative Defense, meaning that the charge won’t stand if proven.  An affirmative defense is one in which a defendant admits to committing a crime but cites facts about the context that negate the application of the code in their situation. This is in contrast to a traditional defense, in which the defendant denies committing the crime. It’s possible that the court will decide to acquit the defendant based on traditional defense evidence but if an affirmative defense to prostitution is clearly presented, the defendant must be acquitted of the prostitution charge.

The defendant has the right to an affirmative defense if they can show that they were a victim of human trafficking at the time that the crime was committed. This is the first line of defense. Even if the defendant did commit the components necessary for a conviction, the court is not going to issue a guilty judgement based on this proven element.

The second possible argument is to assert that the defendant was forced into prostitution by an outside party. This is known as the “coercion defense” via the use of deception or the implicit or explicit threat of force. If the defendant and the defendant’s counsel are able to show these circumstances, the court cannot convict the defendant of Prostitution.

Other common ways of defending the allegation might include the following:

  • There was no agreement formed between the two parties.
  • Undercover police officers engaged in entrapment.
  • Police officers followed improper procedures.
  • The violation was not “knowingly” committed.

It is also possible for a Collin, Dallas, Denton County Prostitution Defense Attorney, depending on the specifics of the case, to demonstrate that the person who is being accused was a victim of such compulsion.  If accepted by the prosecution, this could actually result in the charge of Prostitution being dropped.

Get in Touch With a Prostitution Attorney in Dallas Right Away

Consequently, in the event that you were charged with Prostitution, it is clearly to your advantage to retain an experienced Sex Crimes Defense Lawyer in the Collin, Dallas, Denton County areas to protect your rights. The Prostitution Defense Lawyers at Ridgely Davis Law in Frisco, TX and Carrollton, TX are able to review the facts of your case with you and develop a sound plan of attach in defending your rights.

CONSULT AN Prostitution Defense Lawyer in Frisco, Texas

If you or someone you care about has been charged with a sex crime such as Prostitution or Soliciting a Prostitute in Frisco, Texas and within Collin, Dallas, Denton and surrounding counties, you need an attorney who is skilled and competent to fight for your constitutional rights and defend your innocence.

You can count on the Sex Crimes Criminal Defense Lawyers at Ridgely Davis Law to protect your rights and to provide you with the assistance you need to defend your case. Get in touch with the Ridgely Davis Law right now at (469) 935-4600 to schedule a no-cost consultation appointment.

Schedule a Free Case Evaluation with an Experienced Sex Crimes Criminal Defense Lawyer in Frisco, TX serving Collin, Dallas, Denton and surrounding Counties.  (469) 935-4600

Take the first Step

Accused a Sex Crime in the Collin, Denton County regions of Texas? It is essential to get an understanding on how to address the allegations and develop a plan to move forward.  At Ridgely Davis Law our Sex Crimes Defense Lawyers are ready to answer your questions and help you develop a strategy to fight the charges in your unique Assault matter.

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Over 35 Years Combined Legal Experience

Texas Penal Code 43.02 – 43.05: Prostitution Statutes

Sec. 43.02. PROSTITUTION.

(a) A person commits an offense if the person knowingly offers or agrees to receive a fee from another to engage in sexual conduct.

(b-1) Repealed by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 44(2), eff. September 1, 2017.

(c) An offense under Subsection (a) is a Class B misdemeanor, except that the offense is:

(1) a Class A misdemeanor if the actor has previously been convicted one or two times of an offense under Subsection (a); or

(2) a state jail felony if the actor has previously been convicted three or more times of an offense under Subsection (a).

(c-2) The punishment prescribed for an offense under Subsection (b) is increased to the punishment prescribed for the next highest category of offense if it is shown on the trial of the offense that the actor committed the offense in a location that was:

(1) on the premises of or within 1,000 feet of the premises of a school; or

(2) on premises or within 1,000 feet of premises where:

(A) an official school function was taking place; or

(B) an event sponsored or sanctioned by the University Interscholastic League was taking place.

(d) It is a defense to prosecution for an offense under Subsection (a) that the actor engaged in the conduct that constitutes the offense because the actor was the victim of conduct that constitutes an offense under Section 20A.02 or 43.05.

(e) A conviction may be used for purposes of enhancement under this section or enhancement under Subchapter D, Chapter 12, but not under both this section and Subchapter D, Chapter 12. For purposes of enhancement of penalties under this section or Subchapter D, Chapter 12, a defendant is previously convicted of an offense under this section if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision.

Sec. 43.03. PROMOTION OF PROSTITUTION. (a) A person commits an offense if, acting other than as a prostitute receiving compensation for personally rendered prostitution services, he or she knowingly:

(1) receives money or other property pursuant to an agreement to participate in the proceeds of prostitution; or

(2) solicits another to engage in sexual conduct with another person for compensation.

(b) An offense under this section is a felony of the third degree, except that the offense is:

(1) a felony of the second degree if the actor has been previously convicted of an offense under this section; or

(2) a felony of the first degree if the actor engages in conduct described by Subsection (a)(1) or (2) involving a person younger than 18 years of age engaging in prostitution, regardless of whether the actor knows the age of the person at the time of the offense.

Sec. 43.031. ONLINE PROMOTION OF PROSTITUTION. (a) A person commits an offense if the person owns, manages, or operates an interactive computer service or information content provider, or operates as an information content provider, with the intent to promote the prostitution of another person or facilitate another person to engage in prostitution or solicitation of prostitution.

(b) An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor:

(1) has been previously convicted of an offense under this section or Section 43.041; or

(2) engages in conduct described by Subsection (a) involving a person younger than 18 years of age engaging in prostitution, regardless of whether the actor knows the age of the person at the time of the offense.

Sec. 43.04. AGGRAVATED PROMOTION OF PROSTITUTION. (a) A person commits an offense if he knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes.

(b) An offense under this section is a felony of the first degree.

Sec. 43.041. AGGRAVATED ONLINE PROMOTION OF PROSTITUTION. (a) A person commits an offense if the person owns, manages, or operates an interactive computer service or information content provider, or operates as an information content provider, with the intent to promote the prostitution of five or more persons or facilitate five or more persons to engage in prostitution or solicitation of prostitution.

(b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if the actor:

(1) has been previously convicted of an offense under this section; or

(2) engages in conduct described by Subsection (a) involving two or more persons younger than 18 years of age engaging in prostitution, regardless of whether the actor knows the age of the persons at the time of the offense.

Sec. 43.05. COMPELLING PROSTITUTION. (a) A person commits an offense if the person knowingly:

(1) causes another by force, threat, coercion, or fraud to commit prostitution; or

(2) causes by any means a child younger than 18 years to commit prostitution, regardless of whether the actor knows the age of the child at the time of the offense.

(b) An offense under this section is a felony of the first degree.

(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.

(d) For purposes of this section, “coercion” as defined by Section 1.07 includes:

(1) destroying, concealing, confiscating, or withholding from a person, or threatening to destroy, conceal, confiscate, or withhold from a person, the person’s actual or purported:

(A) government records; or

(B) identifying information or documents;

(2) causing a person, without the person’s consent, to become intoxicated, as defined by Section 49.01, to a degree that impairs the person’s ability to appraise the nature of the person’s conduct that constitutes prostitution or to resist engaging in that conduct; or

(3) withholding alcohol or a controlled substance to a degree that impairs the ability of a person with a chemical dependency, as defined by Section 462.001, Health and Safety Code, to appraise the nature of the person’s conduct that constitutes prostitution or to resist engaging in that conduct.

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