Texas Prostitution Laws (2026): What Can Get You Arrested

Most people have no idea how strict these laws really are. In Texas, prostitution isn’t just illegal. There are tons of related crimes that can land you in serious trouble. Want to know what counts? Let’s break it down.

You might think you know what’s illegal. But honestly, the laws are way broader than most people realize. This guide will walk you through exactly what Texas prohibits, what penalties you could face, and what you need to know to stay on the right side of the law.

What Is Prostitution Under Texas Law?

Pretty straightforward: prostitution means trading sex for money. But it goes deeper than that. You can get arrested for offering to trade sex for money. You can also get arrested for paying someone else for sex. Even soliciting someone is against the law.

Here’s where it gets interesting. Texas doesn’t just target the people having sex for money. The law also goes after people buying those services. It also targets anyone helping the situation happen. Everyone involved can face serious consequences.

The Basic Prostitution Law

Under Texas Penal Code Section 21.08, it’s illegal to “engage in or offer to engage in sexual conduct for a fee.” So simple, right? Not really. That language covers way more ground than you’d think.

Let’s break this down. You can’t pay someone for sex. You can’t offer to pay someone for sex. You can’t accept payment for sex. You can’t even offer to provide sex for payment. All of these are crimes.

Wondering what counts as sexual conduct? Texas defines it pretty broadly. It includes intercourse, deviate sexual intercourse, and sexual contact. Sexual contact means intentional touching of genitals, butt, or breasts for purposes of sexual arousal. So the law covers a lot of ground.

Here’s something important: the payment doesn’t have to be money. It can be gifts, favors, drugs, or anything else of value. The person being paid doesn’t even have to actually provide the sex for you to get arrested. Offering is enough.

Solicitation: What Buyers Need to Know

Now, here’s where things get serious for anyone thinking about paying for sex. Solicitation is its own crime in Texas. You can be arrested just for asking someone to engage in prostitution.

You don’t have to be successful to break the law. The police don’t even have to catch you mid-act. If you proposition someone, you’ve committed solicitation. Undercover police officers can pose as sex workers to catch people. And they do this regularly.

Think about it this way: even just offering money and asking someone if they’re interested is solicitation. The conversation alone is enough to get arrested. You’re probably thinking about how this gets enforced. Well, undercover operations happen in cities across Texas. People get caught every single day.

Promoting Prostitution

Okay, pause. Read this carefully. You can also get arrested for helping someone engage in prostitution. Texas law calls this “promoting prostitution.” This is where things get really serious.

Promoting prostitution includes making money off someone else’s sex work. It includes convincing someone to become a sex worker. It includes transporting someone for purposes of prostitution. It includes advertising sexual services. If you’re involved in any of these things, you’re committing a crime.

A pimp is the classic example. But the law is way broader. Someone who drives a sex worker to a location? Crime. Someone who posts an ad? Crime. Someone who takes a cut of the money? Crime. This one’s probably the most serious prostitution-related charge in Texas.

Indecent Exposure and Related Crimes

Here’s where it connects to other laws. Prostitution often involves indecent exposure. That’s when you expose your genitals with intent to arouse or knowing it’ll offend others. Both of these are separate crimes. You could get charged with prostitution AND indecent exposure. The penalties add up.

Depending on where the act happens, you might face additional charges. Public lewdness is exposing your genitals in reckless disregard of whether someone will be offended. Private property? The rules change. But in public spaces, this is taken seriously.

Penalties and Consequences: What You Could Face

Let’s get specific about what happens if you’re convicted. For basic prostitution (engaging in or offering to engage), it’s a Class B misdemeanor. That means up to 180 days in jail and a fine up to $2,000.

Sound bad? Wait. If you’ve been convicted of prostitution before, the penalty increases. A second conviction becomes a Class A misdemeanor. That’s up to one year in jail and up to $4,000 in fines.

A third or subsequent conviction? Now you’re looking at a felony charge. Specifically, it becomes a felony of the third degree. That’s up to 10 years in prison and up to $10,000 in fines. Yeah, it gets serious fast.

For solicitation, the penalties are the same as for engaging in prostitution. First offense is a Class B misdemeanor. Repeat offenses increase to Class A, then felony level. The same escalating system applies.

Promoting prostitution carries much harsher penalties. A first offense is a felony of the third degree. That’s up to 10 years in prison and up to $10,000 in fines. If the person being promoted is under 18, the charges jump to second degree felony. That’s up to 20 years in prison.

Let’s talk about what “conviction” really means. A conviction goes on your permanent record. You become a registered sex offender in Texas. This affects your job prospects, housing, education, and your ability to work with children. The record doesn’t go away.

Sex Offender Registration

Honestly, this is the part most people miss. In Texas, people convicted of prostitution charges must register as sex offenders. This isn’t optional. It’s mandatory.

You have to register within seven days of conviction. You have to update your registration if you move or change jobs. You have to notify police of any changes. Failure to register or update your registration is its own crime.

Being on the sex offender registry means your information is public. Employers can find it. Schools can find it. Your neighbors can find it. This affects your life for years, even after your sentence ends.

Why These Laws Exist

The laws against prostitution exist to protect people from exploitation. That’s the basic reasoning. Many people in sex work are being trafficked or coerced. The laws attempt to address that larger problem.

Texas treats prostitution as a quality-of-life crime in cities. Many towns have seen increased enforcement in recent years. Police departments use undercover operations regularly. The enforcement is real and ongoing.

Special Circumstances and Defenses

Not sure what counts as a violation? Here’s some nuance. If you’re under 18, you cannot legally consent to sex work. Even if you agree, it’s still a crime. The person paying you could face even harsher charges.

Human trafficking is different from prostitution. If you’re being forced to trade sex for money, that’s trafficking, not prostitution. You’re a victim, not a criminal. But you need to contact authorities or call the National Human Trafficking Hotline at 1-888-373-7888.

In rare cases, there are legal defenses. If you were entrapped by police, that could be a defense. If the undercover officer induced you to commit a crime you wouldn’t have otherwise committed, you might have a case. But winning an entrapment defense is really difficult.

Recent Changes to Texas Law

As of January 2025, Texas has maintained its strict approach to prostitution. The basic laws haven’t changed significantly. However, enforcement tactics have evolved. Police departments use technology and social media monitoring more heavily now.

Many departments have increased internet-based undercover operations. They pose as sex workers on dating apps and classified websites. They also pose as customers looking for sex. These operations lead to hundreds of arrests annually across Texas.

How to Stay Safe and Compliant

Here’s what you need to do if you want to stay on the right side of the law: don’t engage in prostitution. Don’t solicit prostitution. Don’t promote prostitution. Pretty straightforward, right?

If you’re struggling with addiction or other issues that might lead down this path, get help. Many organizations offer support. If you’re in an exploitative situation, reach out to authorities or a nonprofit organization that helps trafficking victims.

If you’ve been accused of a prostitution-related crime, get a lawyer immediately. Don’t talk to police without legal representation. Don’t think you can explain your way out of it. A criminal defense attorney can review your case and advise you.

Frequently Asked Questions

Can I get arrested just for talking to someone about paying for sex? Yes. Solicitation is the crime of offering money for sexual conduct. The conversation alone is enough to get arrested. You don’t have to complete any act.

What if I hire someone through an escort agency? Is that legal? No. It doesn’t matter if it’s called escorting, companionship, or anything else. If payment is for sexual conduct, it’s prostitution. Escort agencies don’t change the legal status.

Can police officers pose as sex workers to catch people? Yes, and they do regularly. Undercover operations are legal. What they can’t do is force you to commit a crime you wouldn’t have otherwise committed. That would be entrapment.

Will a prostitution conviction show up on my background check? Yes. It’s a criminal conviction. Employers, landlords, and others conducting background checks will see it. You may also be required to register as a sex offender.

What if I’m a victim being forced into prostitution? You’re not a criminal. You’re a victim of trafficking. Contact the National Human Trafficking Hotline at 1-888-373-7888 or call 911. Organizations like the Texas Human Trafficking Task Force can help you.

Final Thoughts

Now you know the basics. Texas prostitution laws are strict. The enforcement is serious. Penalties escalate quickly with repeat offenses. And the sex offender registration follows you for years.

The takeaway? These laws are real, and people get arrested regularly. Stay informed, stay safe, and when in doubt, ask a lawyer. Don’t let this be something you learn about the hard way.

References

Texas Penal Code Section 21.08 (Indecency With a Child) https://statutes.capitol.texas.gov/Docs/PE/htm/PE.21.htm

Texas Penal Code Section 21.08 (Prostitution) https://statutes.capitol.texas.gov/Docs/PE/htm/PE.21.htm

Texas Human Trafficking Task Force Resources https://www.dps.texas.gov/human-trafficking

National Human Trafficking Hotline 1-888-373-7888 https://humantraffickinghotline.org/

Texas Sex Offender Registry Information https://records.txdps.state.tx.us/SexOffenderRegistry/

Legal Aid of NorthWest Texas (Free Legal Help) https://www.lanwt.org/