Solicitation of Prostitution Arrests in Texas: Targeting the Johns

Being arrested for buying sex – or trying to – in Texas, means sex buyers now face felony charges with serious time behind bars.

The business of selling sex to willing buyers has been around for a very, very, very long time. Literally thousands of years: historians can date prostitution back to 2400 B.C., where there are records of a brothel operating in ancient Sumeria. See, “Prostitution, One of History’s Oldest Professions!” written by Robbie Mitchel and published by Ancient Origins on December 3, 2022.

It’s been around for centuries here in Texas, too. We know that nine prostitutes were tossed out of San Antonio (then known as San Fernando de Bexar) back in 1817; nevertheless, by the mid-1800s prostitution was an established business in the Alamo City as well as in Galveston, Houston, Corpus Christi, and Brownsville. Read, “The History of Prostitution in Texas: From Early Days to Modern Times,” written by David C. Humphrey and published by the Texas State Historical Association on January 7, 2021.

Alongside prostitution’s fabled reputation as being the “world’s oldest profession,” comes a continued fight by various cultures and societies to dismantle and demolish it. By 1910, vice districts had been established by law enforcement across Texas, including “Frogtown” and “Boggy Bayou” in Dallas, and “Hell’s Half Acre” in Fort Worth.

Much of these police efforts focused upon the sex workers themselves, and those in the business as pimps or madams. However, over time, things evolved as lawmakers and social activists began looking upon things with a different perspective. An economic view. They began focusing upon lessening demand, and not just supply, which seemed like a great idea.

Solicitation of prostitution became a crime, where those buying the services of sex workers, or those attempting to do so, would be in violation of a criminal statute.

Why Arrest Johns? The Crime of Solicitation of Prostitution

Why arrest people who want to pay for sex? There are several rationales, including reduction of public diseases (public health reason); impact on the general public (morality reason); impact on the community with related street crimes, etc. (public nuisance reason); and reduction of exploitation (human trafficking reason). Read, “Why is Paying for Sex Illegal? The Legal Reasons,” published by Legal Clarity on June 23, 2025.

In Texas, paying for sex was already a crime before 2021. Both sex buyers and sex workers faced arrest under Texas Penal Code §43.02-.06. The first offense was a Class B Misdemeanor, where the accused upon conviction could face up to 180 days in jail. Repeat offenders could be charged with a Class A Misdemeanor with its heavier punishment of up to one year in jail and a monetary fine. No one faced a felony punishment until they had three prior convictions, or children were involved.

Key here: usually incarceration (if not pled out) would be in a local jail not a state prison, two very different places. For details, read our earlier discussion in Will You Go to State Jail or Texas Prison? The Importance of Plea Negotiations.

The 2021 Change: Sex Buyers in Texas Face Felony Charges Under New TPC §43.021

Then came House Bill 1540 (“HB1540”), which was introduced into the Texas Legislature on March 3, 2021. See HB1540, pages 24-25. It added Section 43.021 to the Texas Penal Code (“TPC §43.021”) and transferred the old code section into this new statute. TPC §43.021.

This changed things in a big way for anyone who either bought or was attempting to buy sex in the Lone Star State. And it was done in response to efforts undertaken by the Texas Human Trafficking Prevention Task Force, where legislative history states “…[w]hile Texas has made significant strides in combating human trafficking, there remain opportunities to address and help eradicate these crimes.”

With the new TPC §43.021, the government now has the sex buyer in its sights. The new law makes solicitation of prostitution a felony offense.

From Attorney General Ken Paxton on the passage of this new Solicitation of Prostitution criminal law:

“Texas is the first in the country to punish sex buyers with felonies, which is a substantial step towards curbing the demand for commercial sex. Human trafficking is modern day slavery – targeting vulnerable men, women and children in our communities. I commend our legislature for passing laws that fight this inexcusable offense.”

The Current Texas Solicitation of Prostitution Law

Today, in Texas, it is a crime to solicit prostitution even if no payment is made (money, etc.). It is a crime to try and buy sex even if there is no sexual activity.

In Texas, someone can be arrested for a felony crime if they ask for sex in exchange for any form of payment and nothing else happens. No money, no sex: still a crime.

The arrest is based upon the new TPC §43.021, where the punishment is at the felony level. The accused upon arrest faces a state jail felony or a third degree felony sentence – and a second degree felony conviction if a minor is involved.

For more, including the full text of both the current and prior sex buyer laws in Texas, read: Buying Sex in Texas: Texas is First State in USA to Make Solicitation of Prostitution a Felony Offense.

What is Knowingly Offers or Agrees?

For defense attorneys, it is critical to review the prosecution’s case as soon as possible in these matters, because the state must prove beyond a reasonable doubt that the accused did the following as stated in TPC §43.021 (emphasis added):

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.

There must be authenticated and admissible evidence not just of an offer or agreement to pay but that the accused did so “knowingly.” Knowingly is defined in Texas Penal Code §6.03(b) as follows:

A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

The defense will look for facts that refute the accused was aware that his or her conduct was reasonably certain to cause a result. Each case will be unique, so the situation must be studied. Afterwards, the evidence in the prosecutor’s file must be weighed against due process and evidentiary hurdles. If any piece fails, then it cannot be considered in the matter.

What is a State Jail Felony vs. Second or Third Degree Felony Punishment?

Felony punishments come at various classifications, with the most severe being the death penalty. The Solicitation of Prostitution convictions coming with a “state jail felony” mean that the convicted person faces incarceration for six months to two years with a $10,000 fine.

However, some may face higher punishments under the sex buyer law, as described above. They need to know that a third degree felony punishment or second degree felony conviction will come with more years in the sentence, and with imprisonment in a facility operated by the Texas Department of Criminal Justice. No state jail time for them.

Defense lawyers are important in sentencing, too. The convicted sex buyer’s actual punishment is decided based upon the circumstances of the individual case. The accused’s prior criminal history, contributions to the community, and more, may be considered. Sentencing will be a separate battleground for the defense attorney from the initial trial phase (or plea bargaining).

Undercover Stings in Texas Targeting Johns for Arrest Under TPC

Here in Texas, “John Stings” happen all the time. Sometimes they are called “Reverse Stings.” These undercover operations are sophisticated and well-funded. There may be more than one department or agency involved.

See, for instance, two recent john stings reported across the state: “Seven Men Arrested in Bryan Prostitution Sting,” written by Donnie Tuggle and published by KBTX on July 28, 2025; and “Joint Operation Yields 11 Arrests Related to Prostitution (West Texas Region)” published by the Texas Department of Public Safety on August 6, 2025.

Things like online advertising or social media accounts may appear to be a welcoming invitation to a sexual encounter. Behind the screen, a group of law enforcement professionals will be working together to find people interested in commercial sex. There are also John Stings that target brothels and street prostitution.

For details, read Buying Sex in Texas: Solicitation of Prostitution and Law Enforcement Focus on “John Stings.”

Impact on Life of Sex Buyer: Even Without a Conviction, Johns Can Suffer Serious Consequences

Even if the sex buyer is cleared of all charges, and never faces sentencing before a judge, there are other serious considerations here. The arrest will remain on their criminal record. It’s a public record filed in the county courthouse where the arrest was made.

If there was news coverage, then lives can be damaged: personal relationships, school futures, and professional careers destroyed. These types of arrests can haunt someone (and their loved ones) for decades.

Consider how the famous actor Hugh Grant was arrested in California as a sex buyer in violation of the state’s lewd conduct law back in the 1990s. As famous and loved as he was, he suffered great ramifications from the public reaction to his arrest as a john. And still does, according to recent news coverage. Read, “Hugh Grant still haunted by sordid brush with the law 30 years ago as ‘lewd’ incident resurfaces with young fans,” written by Syeda Saad, and published by the Daily Mail on June 4, 2025.

Accordingly, it is very important for anyone in the State of Texas who faces charges for solicitation of prostitution to have experienced criminal defense counsel to help navigate these situations. Often, the accused has never been involved with the criminal justice system and can be overwhelmed by the process.

• Read, Loss of Privacy and Arrest in Texas: Hurting Your Job, Your Relationships, Your Life; and Out on Bail: Pre Trial Conditions in Dallas, Fort Worth, and North Texas.

The faster that a defense can begin, the better for the person charged with this felony crime. Things like getting out on bail pending trial; negotiating for a lesser charge or sentence; and handling the ramifications to their life, are among the matters that can be discussed.

For more, read:

• Internet Sex Crimes: Criminal Defense Overview of Texas Online Sexual Offenses

• Sex Crimes Defined by State Law in the Texas Penal Code

• Arrested for Child Sex Crime of Grooming in Texas

• Online Sex Crimes: Prostitution over the Web is Illegal in Texas.

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For more information, check out our web resources, read Michael Lowe’s Case Results, and read, “Sex Crimes in Texas: How Soon Do You Need to Call a Criminal Defense Lawyer?”