Tex. Penal Code § 43.02 · Subchapter A. PROSTITUTION
PROSTITUTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A person commits an offense if the person knowingly offers or agrees to receive a fee from another to engage in sexual conduct.
(b-1) Repealed by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 44(2), eff. September 1, 2017.
(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).
(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.
Notes and commentary — not statutory text
History
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 757, ch. 286, Sec. 1, eff. May 27, 1977; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 987, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1002 (H.B. 4009), Sec. 8, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 515 (H.B. 2014), Sec. 4.02, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1252 (H.B. 8), Sec. 15, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 332 (H.B. 10), Sec. 14, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1273 (S.B. 825), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 36, eff. September 1, 2017.
Reenacted and amended by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 37, eff. September 1, 2017.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 44(2), eff. September 1, 2017.
Reenacted and amended by Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 8, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 2.05, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 29, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 61, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1049 (S.B. 1831), Sec. 9, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 93 (S.B. 1527), Sec. 2.04, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 17.003, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.43.htm
- Text hash
- sha256 4f4dd27b6705b576d85f0ea50d92a930b095aa4a53ffc8fbba3cd0cba2ff3e1f
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 17 provisions
Provisions in this library whose text cites Tex. Penal Code § 43.02. Each shows the citation as that text prints it.
Civil Practice and Remedies Code
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 17.081ADDITIONAL REQUISITES OF BAIL BOND GIVEN BY CERTAIN DEFENDANTS.Printed as Section 20A.02, 20A.03, 43.02, 43.03, 43.031, 43.032, 43.04, 43.041, or 43.05, Penal Code
- Tex. Code Crim. Proc. art. 17.45CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION.Printed as Section 43.02 or 43.021, Penal Code
- Tex. Code Crim. Proc. art. 42A.515COMMUNITY SUPERVISION FOR CERTAIN PROSTITUTION OFFENSES.Printed as Section 43.02(a), Penal Code | Section 43.02(c)(2), Penal Code
- Tex. Code Crim. Proc. art. 42A.751VIOLATION OF CONDITIONS OF COMMUNITY SUPERVISION; DETENTION AND HEARING.Printed as Section 43.02 or 43.021, Penal Code
Government Code
- Tex. Gov't Code § 71.0353TRAFFICKING OF PERSONS INFORMATION.Printed as Section 43.02, Penal Code
- Tex. Gov't Code § 126.002AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY.Printed as Section 43.02(a), Penal Code
- Tex. Gov't Code § 411.042BUREAU OF IDENTIFICATION AND RECORDS.Printed as Sections 20A.02, 43.02, 43.021, 43.03, 43.031, 43.04, 43.041, and 43.05, Penal Code
- Tex. Gov't Code § 411.0728PROCEDURE FOR CERTAIN VICTIMS OF TRAFFICKING OF PERSONS OR COMPELLING PROSTITUTION.Printed as Section 43.02, Penal Code
Health and Safety Code
Penal Code
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