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Contents:
Preface
Subchapter A. Prostitution

• Sec. 43.01 Definitions (Relevant to Prostitution)
• Sec. 43.02 Prostitution
• Sec. 43.03. Promotion of Prostitution
• Sec. 43.04. Aggravated Promotion of Prostitution
  Case of Robin Marie Head (Starr)
• Sec. 43.05. Compelling Prostitution
• Sec. 43.06. Accomplice Witness: Testimony and Immunity

A site has been found with a complete copy of the most recent Texas Penal Code . The subchapter about prostitution is included below in its entirety. It is current through the 74th Regular Session of the Texas Legislature, 1995.

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Sec. 43.01 Definitions. In this subchapter:
(1) "Deviate sexual intercourse" means any contact between the genitals of one person and the mouth or anus of another person.
(2) "Prostitution" means the offense defined in Section 43.02.
(3) "Sexual contact" means 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.
(4) "Sexual conduct" includes deviate sexual intercourse, sexual contact, and sexual intercourse.
(5) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.

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.

(c) An offense under this section is a Class B misdemeanor, unless the actor has been convicted previously under this section, in which event it is a Class A misdemeanor.

This punishment section of the penal code may be amended September 1, 2001 making a fourth or subsequent prostitution conviction a felony.

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The June 23, 1997 issue of the Austin American-Statesman ran an article entitled "Prostitution sting nets 142 arrests." The arrests were for street prostitution in Austin. In the article, it was indicated that a Class B misdemeanor "is punishable by a jail term of six months and a fine of up to $2,000." A Class A misdemeanor "is punishable by a year in jail and a fine of up to $4,000." ********************************************************************************************************

Sec. 43.03. Promotion of Prostitution.
(a) A person commits an offense if, acting other than as a prostitute receiving compensation for personally rendered prostitution services, he or she knowingly:

1. receives money or other property pursuant to an agreement to participate in the proceeds of prostitution; or
2. solicits another to engage in sexual conduct with another person for compensation.

Sec. 43.04. Aggravated Promotion of Prostitution.
(a) A person commits an offense if he knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes.

(b) An offense under this section is a felony of the third degree.

Sec. 43.05. Compelling Prostitution.
(a) A person commits an offense if he knowingly:

1. causes another by force, threat, or fraud to commit prostitution; or
2. causes by any means a person younger than 17 years to commit prostitution.

Sec. 43.06. Accomplice Witness: Testimony and Immunity.
(a) A party to an offense under this subchapter may be required to furnish evidence or testify about the offense.

(b) A party to an offense under this subchapter may not be prosecuted for any offense about which he is required to furnish evidence or testify, and the evidence and testimony may not be used against the party in any adjudicatory proceeding except a prosecution for aggravated perjury.

(c) For purposes of this section, "adjudicatory proceeding" means a proceeding before a court or any other agency of government in which the legal rights, powers, duties, or privileges of specified parties are determined.

(d) A conviction under this subchapter may be had upon the uncorroborated testimony of a party to the offense.

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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.