An arrest for prostitution, solicitation, promotion, or compelling prostitution puts your reputation, career, relationships, and future at risk. Depending on the allegation, you could face a misdemeanor or serious felony charge, along with the possibility of fines, jail, or prison.
These cases begin very differently from other criminal investigations. Austin-area law enforcement agencies can use undercover officers, online communications, surveillance, and sting operations to investigate suspected prostitution and solicitation offenses. What was said in a text message, online advertisement, phone call, or conversation with an undercover officer may become central evidence in the case.
If you have been arrested, contacted by law enforcement, or learned that you are under investigation for a prostitution-related offense in Austin, an experienced defense attorney can examine what happened and determine what evidence the prosecution may actually have.
Austin Prostitution Defense Lawyer
Michael & Associates Criminal Defense Attorneys represents people accused of prostitution-related offenses throughout Austin, Travis County, and Central Texas.
Every client works directly with an experienced Austin defense attorney rather than having the case handed off to a junior associate. Our Austin attorneys are also backed by a larger criminal defense team with extensive trial, law enforcement, and forensic experience.
Dan Dworin is Board Certified in Criminal Law by the Texas Board of Legal Specialization. Austin managing attorney James Fletcher has earned the ACS-CHAL Lawyer-Scientist designation, advanced training that can be particularly useful when a criminal investigation involves scientific or forensic evidence. Dax Garvin brings the perspective of a former law enforcement officer to the defense team.
Across the firm, our attorneys have handled more than 1,000 jury trials. Michael & Associates was also named the Best Law Firm winner in the 2026 Best of ATX Awards.
Our attorneys can examine the communications, surveillance, police reports, digital evidence, undercover operation, and other circumstances surrounding a prostitution-related allegation and determine what issues may be important to the defense.
Prostitution Offenses in Texas
Texas law distinguishes among several prostitution-related offenses. The applicable charge and potential punishment depend heavily on what conduct is alleged.
Those offenses can include:
- Prostitution
- Solicitation of prostitution
- Promotion of prostitution
- Online promotion of prostitution
- Aggravated promotion of prostitution
- Aggravated online promotion of prostitution
- Compelling prostitution
The distinction is particularly important because Texas treats purchasing sexual services differently from offering or agreeing to provide them. Some prostitution-related allegations are misdemeanors, while others can result in serious felony charges.
Solicitation of Prostitution in Texas
Under Texas Penal Code § 43.021, solicitation of prostitution involves knowingly offering or agreeing to pay a fee to another person for the purpose of engaging in sexual conduct.
A standard solicitation offense is a state jail felony. The offense can increase to a third-degree felony based on certain prior convictions. Solicitation is a second-degree felony when the person solicited is younger than 18, represented to the defendant as being younger than 18, or believed by the defendant to be younger than 18.
A state jail felony carries 180 days to two years in a state jail and a fine of up to $10,000. More serious felony classifications carry greater potential prison sentences.
Because solicitation investigations frequently involve undercover operations, the defense may need to examine text messages, online communications, recordings, surveillance footage, payment records, and exactly what was said or agreed to during the alleged transaction.
Prostitution in Texas
Texas Penal Code § 43.02 applies when a person knowingly offers or agrees to receive a fee from another person to engage in sexual conduct.
A first prostitution offense is a Class B misdemeanor. The offense becomes a Class A misdemeanor when a person has one or two previous convictions under § 43.02, and a state jail felony when a person has three or more previous convictions under the statute.
A Class B misdemeanor carries up to 180 days in jail and a fine of up to $2,000. For a Class A misdemeanor, the maximum increases to one year in jail and a $4,000 fine. A state jail felony carries 180 days to two years in a state jail and a fine of up to $10,000.
Texas law also contains protections that may apply when alleged criminal conduct resulted from human trafficking or compelling prostitution. Whether those provisions apply depends on the facts of the individual case.
An attorney reviewing a prostitution case may examine whether the evidence actually establishes each element of the offense, what communications occurred between the parties, whether an undercover officer was involved, and whether electronic or physical evidence supports the allegation.
Promoting Prostitution in Texas
Texas Penal Code § 43.03 applies when a person, other than someone receiving compensation for personally rendered prostitution services, knowingly receives money or other property under an agreement to participate in the proceeds of prostitution or solicits another person to engage in sexual conduct with someone else for compensation.
Promoting prostitution is a third-degree felony, punishable by two to 10 years in prison and a fine of up to $10,000. It can become a second-degree felony for someone with a qualifying prior conviction under the statute. If the alleged conduct involves a person younger than 18, the offense is a first-degree felony regardless of whether the accused knew the person's age.
Online Promotion of Prostitution
Texas Penal Code § 43.031 separately addresses online promotion of prostitution. The statute applies to specified conduct involving owning, managing, or operating an interactive computer service or information content provider, or operating as an information content provider, with the intent to promote the prostitution of another person or facilitate another person's engagement in prostitution.
Online promotion of prostitution is a third-degree felony, punishable by two to 10 years in prison and a fine of up to $10,000. The charge increases to a second-degree felony, carrying two to 20 years in prison and a fine of up to $10,000, for certain repeat offenses or when the alleged conduct involves a person younger than 18 engaging in prostitution.
Because these allegations center on online activity, digital evidence can become particularly important.
Aggravated Promotion of Prostitution
Texas Penal Code § 43.04 applies when a person knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise involving two or more people engaged in prostitution.
Aggravated promotion of prostitution is a first-degree felony under current Texas law. A first-degree felony carries five to 99 years or life in prison and a fine of up to $10,000.
These investigations may involve multiple defendants, financial records, electronic communications, surveillance, and extensive law enforcement investigations. Determining an individual's actual role in the alleged enterprise can therefore become an important part of the defense.
Aggravated Online Promotion of Prostitution
Texas Penal Code § 43.041 addresses aggravated online promotion of prostitution. The offense involves conduct that constitutes online promotion of prostitution when the accused allegedly intends to promote the prostitution of five or more people or facilitate five or more people engaging in prostitution.
Aggravated online promotion of prostitution is a first-degree felony, punishable by five to 99 years or life in prison and a fine of up to $10,000.
These cases can involve large amounts of digital evidence, including website records, online advertisements, communications, account information, payment records, and information obtained through search warrants or subpoenas.
Compelling Prostitution in Texas
Texas Penal Code § 43.05 addresses compelling prostitution. These are particularly serious allegations involving conduct prohibited by the statute that causes another person to commit prostitution.
Compelling prostitution is a first-degree felony, punishable by five to 99 years or life in prison and a fine of up to $10,000.
The statute also contains provisions addressing prohibited conduct involving younger people. Because compelling prostitution can carry severe felony consequences and may also have sex offender registration implications, the precise allegations and applicable subsection are critical.
Evidence may include communications between the parties, witness accounts, financial records, phone and location data, online advertisements, surveillance, and other digital evidence.
Can a Prostitution-Related Charge Require Sex Offender Registration?
Not every prostitution or solicitation charge requires sex offender registration in Texas. However, certain prostitution-related offenses are included in Texas's sex offender registration law.
For example, aggravated promotion of prostitution and compelling prostitution are reportable convictions or adjudications under Chapter 62 of the Texas Code of Criminal Procedure. Solicitation of prostitution is also reportable when the offense is punishable as a second-degree felony, which can apply when the person solicited is younger than 18, represented as younger than 18, or believed by the accused to be younger than 18.
Whether registration is required depends on the specific offense, subsection, and disposition of the case. Those consequences should be evaluated before accepting a plea.
How Austin Police Investigate Prostitution and Solicitation
Not every prostitution case begins with an officer witnessing an alleged offense. Investigations may involve undercover operations or communications that occur before any face-to-face meeting.
Evidence may include:
- Text messages and direct messages
- Online advertisements
- Dating or social media accounts
- Recorded phone calls
- Undercover officer communications
- Hotel or business surveillance video
- Body-camera footage
- Payment records
- Cash or other property seized during an arrest
- Phone and location information
- Search warrants for phones or online accounts
An attorney can examine not only the evidence police collected but also the context surrounding those communications and how the investigation was conducted.
Defending a Prostitution or Solicitation Charge in Austin
A prostitution or solicitation case can turn on the exact words used in a message, phone call, or conversation with an undercover officer. In a solicitation case, the defense may examine whether the communications actually establish an agreement involving sexual conduct and compensation. When undercover officers or sting operations are involved, recordings, messages, video, and the sequence of communications can also show whether the officer's report accurately reflects what happened.
Digital evidence can be especially important. A single screenshot or selected message may not provide the complete context of a conversation. Preserving phones, messages, account records, payment information, and other electronic evidence can therefore become important early in the case.
What Should I Do After a Prostitution Arrest in Austin?
Don’t delete any messages, advertisements, account information, photos, payment records, or other material that could be relevant to the investigation. Even information that initially appears harmful may provide important context when the complete record is examined.
Speak with a defense attorney before agreeing to an interview or voluntarily allowing investigators to search your phone or other electronic devices.
If law enforcement already seized a device or searched an account, an attorney can examine how the evidence was obtained and whether police acted under a warrant, consent, or another claimed legal basis.
Real Prostitution Case Outcome in Travis County
Two counts of solicitation of prostitution
Location: Travis County
Outcome: Both dismissed after successful completion of pretrial diversion
Timeline: Approximately 12 months from retention to dismissal
The client faced two solicitation of prostitution charges in Travis County and entered a pretrial diversion program. During the case, the client completed required check-ins and complied with the conditions of the program while the defense attorney handled court settings when the client's appearance was not required. After successful completion of the pretrial diversion requirements, both criminal matters were dismissed.
Note: Past results do not guarantee future outcomes.
Resources for People Dealing with Prostitution Charges
Here are some local support resources for people who may be facing prostitution or solicitation charges:
- The SAFE Alliance / SAFE CARES: Austin nonprofit providing advocacy and support for people who have experienced sexual exploitation or trafficking. Services include crisis response, individualized case management, counseling, resource assistance, and help navigating other systems. SAFE also provides legal advocacy and referrals.
- Red Oak Hope: Austin-based 501(c)(3) serving survivors of sexual exploitation and trafficking. Its programs include individualized case management, crisis intervention, supportive services, and referrals for people seeking help leaving exploitative situations.
- Magdalene House Austin: Survivor-led Austin nonprofit serving adult women who have experienced sex trafficking. It provides long-term residential support, counseling, health-care access, employment assistance, financial-literacy support, and other services aimed at helping survivors establish independent lives.
Austin Criminal Defense for Prostitution Charges
A prostitution-related allegation can be embarrassing and difficult to discuss, but your attorney needs to understand what actually happened without judging you for the accusation.
Michael & Associates Criminal Defense Attorneys represents people facing prostitution, solicitation, promotion, and other sex-crime allegations in Austin and throughout Travis County.
Our attorneys can review the circumstances leading to the investigation, the conduct of undercover officers, electronic communications, surveillance, search warrants, and the prosecution's evidence. When appropriate, we can also begin investigating before formal charges have been filed.
Our Austin defense attorneys represent clients throughout Travis County and nearby communities, including Pflugerville, Round Rock, Cedar Park, Lakeway, Bee Cave, West Lake Hills, Rollingwood, Sunset Valley, and Manor. If you're worried about a prostitution investigation or already have a court date, contact Michael & Associates for a confidential consultation.
