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.
(b) An offense is established under Subsection (a)(1) whether the actor is to receive or pay a fee. An offense is established under Subsection (a)(2) whether the actor solicits a person to hire him or offers to hire the person solicited.
(c) An offense under this section 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 this section;
(2) a state jail felony if the actor has previously been convicted three or more times of an offense under this section;
(3) a felony of the third degree if the person solicited is 14 years of age or older and younger than 18 years of age; or
(4) a felony of the second degree if the person solicited is younger than 14 years of age.
(d) It is a defense to prosecution under this section 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.
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.
Acts 2009, 81st Leg., R.S., Ch. 1002, Sec. 8, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 515, Sec. 4.02, eff. September 1, 2011.