Tex. Pen. Code § 43.02

Current through the 87th Legislature (2021) Third Special Session
Section 43.02 - Prostitution
(a) A person commits an offense if the person knowingly offers or agrees to receive a fee from another to engage in sexual conduct

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(b) [Transferred by 2021 amendment.]
(b-1) [Repealed by 2017 amendment.]
(c) An offense under Subsection (a) is a Class B misdemeanor, except that the offense is:
(1) a Class A misdemeanor if the actor has previously been convicted one or two times of an offense under Subsection (a); or
(2) a state jail felony if the actor has previously been convicted three or more times of an offense under Subsection (a).
(c-1) [Transferred by 2021 amendment.]
(c-2) The punishment prescribed for an offense under Subsection (b) is increased to the punishment prescribed for the next highest category of offense if it is shown on the trial of the offense that the actor committed the offense in a location that was:
(1) on the premises of or within 1,000 feet of the premises of a school; or
(2) on premises or within 1,000 feet of premises where:
(A) an official school function was taking place; or
(B) an event sponsored or sanctioned by the University Interscholastic League was taking place.
(d) It is a defense to prosecution for an offense under Subsection (a) that the actor engaged in the conduct that constitutes the offense because the actor was the victim of conduct that constitutes an offense under Section 20A.02 or 43.05.
(e) A conviction may be used for purposes of enhancement under this section or enhancement under Subchapter D, Chapter 12, but not under both this section and Subchapter D, Chapter 12. For purposes of enhancement of penalties under this section or Subchapter D, Chapter 12, a defendant is previously convicted of an offense under this section if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision.

Tex. Pen. Code § 43.02

Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. TBD,Sec. 9, eff. 9/1/2021.
Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. TBD,Sec. 61, eff. 9/1/2021.
Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. TBD,Sec. 29, eff. 9/1/2021.
Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 413,Sec. 2.05, eff. 9/1/2019.
Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 1038,Sec. 8, eff. 9/1/2017.
Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 685,Sec. 44, eff. 9/1/2017.
Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 685,Sec. 37, eff. 9/1/2017.
Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 685,Sec. 36, eff. 9/1/2017.
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1273,Sec. 1, eff. 9/1/2015.
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 332,Sec. 14, eff. 9/1/2015.
Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 1252,Sec. 15, eff. 9/1/2013.
Amended By Acts 2011, 82nd Leg., R.S., Ch. 515, Sec. 4.02, eff. September 1, 2011.
Amended By Acts 2009, 81st Leg., R.S., Ch. 1002, Sec. 8, eff. September 1, 2009.
Amended By Acts 2001, 77th Leg., ch. 987, Sec. 1, eff. Sept. 1, 2001.
Amended By Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994
Amended by Acts 1977, 65th Leg., p. 757, ch. 286, Sec. 1, eff. May 27, 1977
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.