Is It Legal to Hire an Escort in Texas?
Hiring an escort might seem like a gray area, especially in a state with complex laws like Texas. While the term “escort” often suggests a legal service, there is a fine line between escort services and illegal activities like prostitution.
Understanding the legal distinction between an escort and a prostitute, as well as the relevant Texas laws, can help clarify what’s permissible under state law.
What Is the Difference Between Escorts and Prostitutes?
When considering hiring an escort in Texas, it’s important to know the difference between escorts and prostitutes. While people sometimes use these terms as if they mean the same thing, they actually have different legal meanings.
Let’s explore what separates an escort from a prostitute and how the law views each.
What Is an Escort?
An escort offers companionship to clients, which might include attending events or going on dates. These services are usually advertised as non-sexual, focusing on providing company rather than anything physical. Hiring an escort is not illegal, as long as it doesn’t involve or suggest sexual activities for money.
What Is a Prostitute?
A prostitute provides sexual services in exchange for money, and this is illegal under Texas law. According to Texas Penal Code § 43.02, prostitution happens when someone knowingly agrees to engage in sexual activity for payment. Both the person offering the service and the person paying for it can face legal trouble.
Legal Regulations Established by Texas State
Municipal Code Chapter 28, Article VIII sets rules for employees in places like massage parlors and escort agencies. This law ensures that these businesses do not engage in illegal activities, such as prostitution.
Key requirements include:
- Employees must act professionally and follow the law.
- Escort services must ensure that their employees do not engage in sexual activities with clients.
- Prohibits entertainers from coming closer than three feet to any customer during entertainment, sexual activity, or when exposing a “specified anatomical area.”
- Employees are not allowed to touch a customer’s clothing during entertainment activities.
- Employees must not engage in sexual activities, entertainment, or display certain body parts even in areas that are separated from the rest of the business by doors, curtains, or other barriers.
Violating these regulations can result in Class A misdemeanors. Additionally, businesses that break these rules risk having their operating permits suspended or revoked.
What Are the Texas Prostitution Laws?
In Texas, prostitution laws are outlined in Texas Penal Code § 43, which addresses public indecency offenses. This section includes several types of prostitution-related offenses:
Prostitution: This occurs when you knowingly offer or agree to receive a fee to engage in sexual conduct.
Solicitation of Prostitution: This involves offering or agreeing to pay someone for sexual conduct with that person or another.
Promotion of Prostitution: This happens when you get money or other benefits for agreeing to sex or when you ask someone to have sex for payment.
Compelling Prostitution: This involves using force, threats, coercion, or fraud to make someone commit prostitution.
The seriousness of these offenses varies. Penalties for prostitution and asking for sex for money can be serious, but they are not as severe as the penalties for running a place where prostitution happens, forcing people into prostitution, or asking minors for sex.
Punishments for Prostitution in Texas
The consequences of engaging in prostitution in Texas are severe. The penalties vary depending on the circumstances and the number of prior offenses:
- First offense: A Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000.
- Second offense: A Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000.
- Third or subsequent offense: A state jail felony, which can result in up to two years in a state jail facility and a fine of up to $10,000.
Additionally, the penalties for promoting prostitution or operating a prostitution ring are even more severe, potentially leading to felony charges that can carry longer prison sentences and higher fines.
Arrested? Don’t Plea, Call Me!
When considering hiring an escort, it’s essential to be aware of the risks and the legal implications involved. Escort agencies that operate within the law typically offer transparent services that do not involve any form of sexual activity. However, any attempt to solicit sexual services from an escort, even if not explicitly advertised, can result in legal trouble.
If you need legal advice or are facing charges related to escort services or prostitution, contact the Texas Criminal Defense Group today. Our prostitution defense attorneys can help you navigate the complexities of the law and provide a strong defense to protect your rights.