(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.” - Texas Penal Code Sec. 43.02
(2) "Actor" means a person whose criminal responsibility is in issue in a criminal action. Whenever the term "suspect" is used in this code, it means "actor." – Texas Penal Code Sec. 1.07 (2)
“(38) “Person" means an individual, corporation, or association.”
- Texas Penal Code Sec. 1.07 (38)
“hire, vb. (bef. 12c) 1. To engage the labor or services of another for wages or other payment.”
-Black’s Law 9th Edition
“another. adj. Additional. A second, extra, one more, supplemental, distinct, different, separate, variant. “ – pg. 52 West’s Legal Thesaurus/Dictionary by William Statsky
Fictional Short Story- Texas Style Prostitution Sting
District Attorney (DA) to the Vice Squad: Prostitution is not a victimless crime. It creates, encourages human tracking, allows for child sex trafficking, degrades the quality life, and contributes to other crimes. There are men from all walks of life. who want to create a private porn video with male escorts. We are going to send a message to the community that we don’t tolerate patronizing porn studios in our community.
The DAs registered the LLC called “Lone Porn Star Studio” with the Texas Secretary of State and we hired a team of web designer to create a webpage to attract Johns. One of the DA became the manager of the LLC and he hired a male escort he personally known. The porn studio arranged several of the gay police officers to have sex with the male escort that was hired through the LLC. We did require him to wear condoms. We did this to make sure he meets the definition of “person” Texas Penal Code Section 43.01. The DA office makes sure they seal the loopholes with glue so the Johns cannot get off.
I am going to hand over to the Police Chief to give you a quick update before I continue to give you legal instruction.
POLICE CHIEF TO VICE SQUAD: Johns called our undercover decoy to book an appointment to be actors in our fake porn studio. They told the decoy they found our website through a hobby forum. The undercover officer told the Johns that there is a grant from a wealthy benefactor and told them that they are going to get paid for a private porn video. They don’t have to spend a penny to F*** the male escort. We already have enough appointments for a take down. The undercover decoy booked 20 appointments today. You boys going to be busy today. Listen carefully to the DA. He will give you precise legal instruction.
DA to VICE SQUAD: Make sure you got an office at the other room before the Johns come. When a John calls you and telling he is coming, tell him to come to the hotel room that is the office. In the office you should have the contract ready. Make sure he signs the contract which guarantees him to receive a fee for performing in the gay porn video. Then direct him to the other room where the male escort will be waiting. Make sure you show him the camcorder is rolling. Once he verbally agrees to have sex with the male escort, the take down team will rush in the room and slam him to the ground. Got it!!
VICE SQUAD: Yes.
VICE OFFICER to DA: How it is legal for the male escort to perform sex act on the male police officers for pay?
DA: The judge ruled recently that the “person” in Texas Sec. 43.02 commits an offense but not criminally liable in a prostitution case. The judge also ruled that the “actor” is the one that take the criminal liability.
VICE OFFICER: Is the male escort a deputy cop or deputy sheriff?
DA: No. He is a real male prostitute. We cannot deputize him because he will be considered “state actor” under the Federal civil rights court ruling.
VICE OFFICER: Why do you to hire a real male prostitute? The undercover officer can pretend to be the male escort. He can tell the John that he is hired currently by the porn studio and served several clients before him. This will create the facts that are needed to stick the prostitution charges.
DA: If we hire an undercover decoy, they are “pretending” to be real. The judge recently ruled that “pretending” is acting. The undercover decoy is the “actor” and will not meet the requirements of “person.” Texas law requires the actor to secure an agreement to receive payment for having sex with a real male prostitute which is a “person” before we can stick the prostitution charges. If we have two actors, then it doesn’t meet the statutes requirement. Remember, you are in the Lone Porn Star State.
UNDERCOVER COP: The John called and he said he is coming.
(Undercover cop Knock on the door from the John. ) Good morning. Come in. We got the contract. Just sign and you are ready to go. We will pay you after you have sex with the male escort. (John Sign)
JOHN: I am excited to make my private porn video. The best part of it I don’t have to pay to be the actor in the porn video. I get pay for the sex act. I can live out the fantasy of being a porn star.
UNDERCOVER COP: You are lucky that someone willing to pay you to be an actor in your own private porn video. You get to keep the video. The contract state that we have to keep your porn video confidential and we will never sell it on the market.
JOHN: Where do I sign?
UNDERCOVER COP: Just sign here and I will escort you to the other hotel room. You will meet the hot stud and he will get your rocks off.
(Undercover cop took the John to the hotel room where the male escort was waiting.)
MALE ESCORT: Are you ready to get it off, stud?
JOHNS: Yes. I am so glad to run into this porn studio. I used to live in fear when I hired male escorts because I am afraid they can be an undercover cop. Now I don’t have to worry. I am going to receive pay for the sex act, the sex is free, and don’t have to worry about getting stung.
MALE ESCORT: I am not a cop. You don’t have to worry. What type of sex act are you looking for
JOHN: I am looking for Boyfriend Experience.
MALE ESCORT: What is that?
JOHN: Suck dick without a condom and cum in your ass. (Take down team rushed into the room)
TAKE DOWN TEAM: Raise your hands in the air. Raise it!! Raise it!
JOHN: What did I do wrong?
TAKE DOWN TEAM: We will slam you to the ground. You are under arrest for soliciting prostitution services.
JOHN: What did I do wrong? Can I go? I don’t want my wife to find out what have happen. I don’t want my wife to find out that I am gay
TAKE DOWN TEAM: No. You have to go with the rest of the Johns. (Take down team took the arrested John to the processing room. )
VICE SQUARD OFFICER: Do you know you are under arrest for soliciting prostitution services?
JOHN: How am I committing a crime of soliciting prostitution? I did not pay the male escort for sex so it is not a crime. Right??? Please let me go.
VICE SQUARD OFFICER: If you read Texas Penal Code, you will understand that getting pay or signing a contract to get pay for being a porn actor is criminal. Why did you think it was not a crime?
JOHN: I did not know it was a crime. All I did was watch TV and read newspaper to learn about Texas Prostitution Laws. All I know is that it is a crime to pay someone for sex.
VICE SQUARD OFFICER: The media mislead you into thinking that was the law all about. You should have spent time at the law library or go online to read Texas Penal Code on prostitution and not believe the media. Just remember that ignorance of the law is no excuse.
JOHN: If I pay the male escort directly, is it legal to have sex with him.
VICE SQUARD OFFICER: I cannot answer that. You will have to talk to your attorney about that.
We stop stinging male escorts because a male escort brought up his legal interpretation of Texas Penal Code. The judge had to let him go because he was not an “actor” in the porn. When the DA reported back to me what have happen, I was in shock for two days. I cannot believe I was trained wrong in the law.
Let me teach you Texas Style Justice. If you want to be a porn actor, you are messing with Lone Porn Star State. The Lone Porn Star goes to jail. The male escort walks away.
