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Prostitution - The Word 'Yes'

Posted By Criminal Law Standard || 17-Aug-2010


    Under Texas Law, the word "Yes" can get a person charged with and convicted of prostitution.  In Texas, a person commits the offense of prostitution if he or she knowingly, offers or AGREES, or engages in sexual conduct for a fee.  The word, "Agrees" is the catch.  Many people mistakenly beleive that only the person soliciting or offering a sexual act can be charged with Prostitution.  Moreover, the law applies regardless of whether the sexual conduct is heterosexual or homosexual. 

    Police identify, arrest, and charge Prostitutes and "Johns" through undercover police operations.  In many instances, the undercover officer will simply ask whether a person wants to engage in  sexual conduct in exchange for a fee (i.e., "Will you [insert description of the sexual act] for $50 dollars," or "I will [insert description of the sexual act] for $50 dollars").  If the person responds by saying, "Yes," that person has AGREED to engage in sexual conduct for a fee and can be convicted of prostitution. 

    Unlike in times past, police departments in Texas and elsewhere target both prostitutes and those who hire them.  Being charged with and convicted of prostitution can be embarrassing.  Perhaps more important, however, prostitution, like theft crimes, can negatively affect your ability to obtain certain types of employment.

    If you have been charged with prostitution or any other sex crime, contact the D'Amore Law Firm to arrange a free case review with Dallas criminal attorney Tom D'Amore

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