What is Sex Solicitation?

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There are varying types and degrees of sex crimes, with sex solicitation being one of them. This refers to when an individual offers something such as money, property, object, or token in exchange for a sexual act. Sexual solicitation is essentially purchasing the act of sex.

No sexual activity has to actually occur in order for an individual to be convicted or arrested for solicitation. The simple attempt to exchange something for sex is all that’s needed for the crime to be committed. Examples of solicitation include taking money out from an ATM or bank account, picking up a prostitute, driving to wherever the sexual act is said to take place, or communicating with and asking an individual for sex in exchange for something.

Given that it’s a sex crime, a solicitation charge can be taken very seriously, and could potentially even be considered a felony. If you’ve been charged with a sex solicitation conviction, the best thing you could possibly do is work with a lawyer to defend your rights and beat your charge.

How is Prostitution Defined?

According to Texas Penal Code 43.02-43.06, prostitution is when someone “knowingly offers to receive or solicit another in a public place to engage in sexual conduct for a fee.” The four forms of prostitution include in-person prostitution promotion, online promotion, aggravated promotion of prostitution, and compelling prostitution.

Solicitation Charge Penalties in Texas

As of September 21st, 2021, a new law in Texas states that instead of being just a class B misdemeanor, sex solicitation is now considered a state felony. Texas is the first state that considers buying sex a felony.

The punishment for being charged with solicitation used to be 180 days in jail accompanied by a fine of up to $2,000. With this new law, an individual will face up to 2 years in prison, with a minimum of 180 days, accompanied by a fine of up to $10,000.

If an individual receives a second conviction, they will be faced with a third-degree felony, with 2-10 years in state prison and a fine of up to $10,000.

Texas legislators have tightened their grip on sexual solicitation charges because they consider those who buy sex active supporters of and contributors to human trafficking. With human trafficking being such a large issue in the state of Texas, they hope to curb it with these tighter penalties.

Contact Our Misdemeanors & Felonies Defense Lawyer in Houston, TX

Working with the right sex crime lawyer could be the difference between beating your charge and spending years in jail. There are many possible defenses an attorney can use to help fight your case, and putting together a strong argument is key.

How to Beat a Solicitation Charge in Texas

The team at the Law Office of Jesse Hernandez understands Texas sex crime laws extensively so you can rest assured you’re in the hands of experienced, dedicated attorneys. For high-quality representation, hard-hitting defense, and a team who will stop at nothing to help you win your case, call one of our Texas offices today.


Houston Office: 3663 N. Sam Houston Parkway East, Office 607, Houston, TX, 77032

San Antonio Office: 3107 Broadway Street, San Antonio, Texas 78209. (210) 672-1435.

Austin Office: 2025 Guadalupe Street Suite 260, Austin, Texas 78705. (512) 955-5871.

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San Antonio Law Office
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3107 Broadway Street, San Antonio, TX 78209

Houston Law Office
of Jesse Hernandez


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3663 N. Sam Houston Parkway East, Office 607, Houston, TX, 77032

Austin Law Office
of Jesse Hernandez


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2025 Guadalupe Street, Suite 260, Austin, TX 78705

San Antonio - Wurzbach Office
of Jesse Hernandez


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8746 Wurzbach Rd, Suite 202, San Antonio, TX 78229