Clarity for Sensuous Encounters in Texas

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Reminder

The Clarity site does not encourage nor condone illegal sexual conduct. Offering, agreeing, or engaging in sexual conduct for a fee is prostitution which is illegal in Texas. Illegal prostitution should be avoided. As consenting adults, it is hoped that we can safely enjoy the free sharing of sexual favors, if that is our desire.


Copyright © 1998 - 2007 Clarity for Sensuous Encounters. All rights reserved.

The following are summaries of and links to excerpts about cases that provide background to part of the legal situation regarding prostitution in Texas.

Tex.App. - Austin 2002. Intent to actually engage in sex for a fee was not element of offense of prostitution, and thus, trial court was not required to instruct jury on element of intent in prostitution prosecution. V.T.C.A., Penal Code 43.02(a)(1). - Frieling v. State, 67 S.W.3d 462, rehearing overruled, and petition for discretionary review refused.
Because each act under statutory section governing offense of prostitution is distinctive, knowingly offering to engage or agreeing to engage in sexual conduct are two distinct means of committing prostitution. V.T.C.A., Penal Code 43.02(a)(1). - Id.

C.A.5(Tex.) 1995. To establish violation of Mann Act, one of essential elements is that defendant transported victim with intent that she engage in prostitution; while intent to engage in illicit activity must be dominant motive of trip, prosecution is allowed when defendant had several purposes for travel. 18 U.S.C.A. 2421 et seq. U.S. v. Campbell, 49 F.3d 1079, certiorari denied 116 S.Ct. 201, 133 L.Ed.2d 135.
In determining whether "dominant purpose" of traveling to engage in illicit activity exists, within meaning of Mann Act, court asks whether illicit behavior was one of efficient and compelling purposes of travel, and so long as one motivating purpose is to engage in prostitution, criminal liability may be imposed under Act; when no dominant purpose exists, it is because any such purpose was either nonexistent or incidental. 18 U.S.C.A. 2421 et seq. - Id.

Tex.App. - Austin 1995. Actual commission of offense of prostitution is not prerequisite to commission of offense of compelling prostitution. V.T.C.A., Penal Code 43.05.
Waggoner v. State, 897 S.W.2d 510.

Tex.Cr.App. 1993. Requirement that prostitution enterprise use at least two prostitutes, in order for defendant to be convicted of aggravated promotion of prostitution for managing or controlling such an enterprise, does not mean that the two prostitutes in question must both be persons other than defendant; defendant may be included as one of the two prostitutes required for prosecution under statute. V.T.C.A., Penal Code 43.04(a).
State v. Duke, 865 S.W.2d 466.


Reminder

The Clarity site does not encourage nor condone illegal sexual conduct. Offering, agreeing, or engaging in sexual conduct for a fee is prostitution which is illegal in Texas. Illegal prostitution should be avoided. As consenting adults, it is hoped that we can safely enjoy the free sharing of sexual favors, if that is our desire.


Copyright © 1998 - 2007 Clarity for Sensuous Encounters. All rights reserved.