Will I Go to Jail if I Am Caught in a Sex Sting?

 Posted on February 12, 2025 in Criminal Defense

Texas treats prostitution as a serious criminal offense and invests a lot of resources in arresting sex workers and clients. Police regularly investigate and arrest prostitution suspects using sting operations. If you are arrested during a sting operation on suspicion of committing sex crimes, it is crucial to speak with a Texas criminal defense lawyer as soon as possible for guidance on how best to proceed.

How Do Sting Operations Work?

Police sometimes work undercover to catch people committing a crime. Prostitution sting operations can target suspected sex workers or their clients, with an officer posing as a prostitute or as a client to try to nab someone in the act of agreeing to an exchange of sex for money. 

In Texas, a sex act does not need to happen for someone to be charged with prostitution and related sex crimes. As soon as an agreement is made, with all parties involved understanding that they are discussing exchanging money for sexual conduct, the police can arrest a suspect.

What Charges Could You Face if You Are Caught in a Sting Operation?

Texas law criminalizes prostitution, regardless of which side of the agreement you are on. The age of the person being solicited can be an aggravating factor, but even when all parties involved are past the legal age, there is a wide range of charges and penalties, depending on which side of the exchange you are on.

Prostitution

If you are accused of knowingly offering, agreeing to, or engaging in sexual conduct in exchange for payment, the charges depend on your criminal record. You could be charged with a Class B Misdemeanor for a first offense, which would mean being sentenced to up to 180 days in jail and fined up to $2,000. A second offense is a Class A Misdemeanor, with up to one year in jail and up to $4,000 in fines. If it is at least your third conviction, you could be charged with a State Jail Felony, with a state jail sentence between 180 days and two years and a fine of up to $10,000.

Solicitation of Prostitution

The charges for the person offering money for sex tend to be harsher. A first offense is typically charged as a State Jail Felony, with 180 days to two years in jail and a fine of up to $10,000. A second offense is a Third-Degree Felony, which carries a sentence of two to ten years in prison and a fine of up to $10,000

How Can I Defend Against Prostitution Charges?

Being caught in a sting operation can make you feel hopeless, but several possible defenses could apply to your case:

• Entrapment: If the undercover cops tricked you or pressured you into agreeing to something you otherwise would not have done, you might be able to argue entrapment.

• Lack of evidence: If you were arrested because it seemed like you entered into an agreement regarding sex for pay, that does not mean there is any solid proof of the agreement. In such cases, the charges might not hold up.

• Trafficking: If you were forced into sex work, you could turn the case around and be considered the victim instead of a criminal.

Schedule a Free Consultation with an Austin, TX Sex Crimes Defense Attorney

Prostitution charges are taken seriously in Texas, and a conviction can result in life-long consequences for you. If you were caught in a sting operation, you do not need to face it alone. A dedicated Midland, TX criminal defense lawyer can review the charges and find weaknesses in the case against you. At Morales Law Office, Attorneys at Law, PLLC., we can build an aggressive defense to get you the best outcome. Call us at 512-474-2222 to schedule a free consultation.