Yea, when you get busted, let us know whow that defense worked for you.
2 adults having sex is not illegle. But if you really think a jury will let you off just because you did not vocalize you were paying for sex and the wad of cash was just a gift for her time, your in for some serious jail time.
The only way this might work as a defense is to have a contract for what the payment is for. At the conclusion of the contract. both parties sigh an agreement that the contact requiremnts have been filed. And any other activities are outside the scope of the contract and are actions between 2 consinting adults amd no way connected to the money paid for the contract. The money paid would have to be reasionable for the services received in the contract. And, it would be best to be able to show she does not jump into bed with every client.
I was surprised to realize we don't have a thread in the legal forum on what constitutes plain-vanilla, first-offense prostitution in Texas, so here it is.
The following is the Texas statute making unaggravated prostitution a crime:
Texas Penal Code Sec. 43.02. PROSTITUTION.
(a) A person commits an offense if he knowingly:
(1) offers to engage, agrees to engage, or engages in sexual conduct for a fee; or
(2) solicits another in a public place to engage with him in sexual conduct for hire.
(b) An offense is established under Subsection (a)(1) whether the actor is to receive or pay a fee. An offense is established under Subsection (a)(2) whether the actor solicits a person to hire him or offers to hire the person solicited.
(c) An offense under this section is a Class B misdemeanor....
See Texas Penal Code § 43.02 (emphasis above is mine).
A Class B misdemeanor in Texas is punishable by up to 180 days in county jail and a $2,000 fine.
"Sexual conduct" includes:
(1) deviate sexual intercourse, which is any contact between the genitals of one person and the mouth or anus of another person;
(2) sexual contact, which is any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person; and
(3) sexual intercourse, which is any penetration of the female sex organ by the male sex organ.
See Texas Penal Code § 21.01.
The courts define "fee" and "for hire" broadly to include basically anything of value. In other words, the prosecution does not have to prove cash was involved. For more information, see:
"What constitutes a 'fee' under the Texas prostitution statute"
So with the foregoing in mind, a person can commit the offense of prostitution by:
(1) making an offer,
(2) accepting an offer, or
(3) soliciting a person in a public place
to engage in sexual conduct for a fee, or
(4) engaging in sexual conduct for a fee.
Originally Posted by ShysterJon