Hmmm... Not sure why I was under the wrong impression that it was. Perhaps because of my perspective?
The offer (sex act for compensation) is what matters, right?
Originally Posted by Crock
The "it" you refer to is proof of payment for sex. That has never been an element of proof for prostitution in the State in Texas.
Under the old statute that made prostitution a crime, the State could prove the offense in any of four ways:
(1) offer
(2) acceptance
(3) solicitation -- offer or quasi-offer in public
(4) what I call "silent sex" -- a non-verbal agreement
In 2017, the Texas Legislature repealed the old prostitution statute and replaced it with the following:
TEXAS PENAL CODE SEC. 43.02. PROSTITUTION.
(a) A person commits an offense if the person knowingly offers or agrees to receive a fee from another to engage in sexual conduct.
(b) A person commits an offense if the person knowingly offers or agrees to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another.
See
https://statutes.capitol.texas.gov/D...E.43.htm#43.02.
Thus, the new statute only makes the offer or acceptance a crime. Also, the new law replaces a reference to "consideration" in the old statute with "fee." I presume the change was made because "consideration" is a very squishy subject. Law students throughout the land debate what is "consideration" while drinking oceans of beer.