If you’ve been arrested — or contacted by police — in connection with a solicitation or prostitution charge in Collin County, you’re probably dealing with a mix of fear and embarrassment right now. That’s completely understandable. These cases almost always come from undercover sting operations, and the first thing I hear from almost every client is some version of: “I didn’t even do anything.”
That may matter more than you think — and we’ll get to why. But here’s what you need to understand first: Texas changed how it charges solicitation in 2021. What used to be a Class B misdemeanor is now a felony. If you’re on the buyer side of one of these charges, you’re facing something far more serious than people realize. The faster you get someone in your corner, the more options you have.
Solicitation of Prostitution — What the Charge Actually Means
Under Texas Penal Code §43.021, a person commits solicitation of prostitution if they knowingly offer or agree to pay a fee to another person for the purpose of engaging in sexual conduct — with that person or with someone else.
A few things about that definition catch people off guard.
No sexual conduct has to occur. The offense is complete the moment you make an offer or reach an agreement. If you’re texting with an undercover officer and agree to a price, that can be enough. You don’t have to show up. You don’t have to follow through. The agreement itself is the crime.
This charge is about the buyer, not the seller. §43.021 is specifically written for the person paying — or offering to pay. The person receiving payment is charged under a different statute (§43.02), which carries different penalties. If you were targeted in a sting, you’re almost certainly looking at a §43.021 charge.
The Penalties — And Why 2021 Changed Everything
Before September 1, 2021, the person soliciting — the buyer — was charged under the same statute as the seller, §43.02, as a Class B misdemeanor. That meant a maximum of 180 days in county jail and a $2,000 fine. Serious, but manageable.
That changed completely. Texas created §43.021 specifically to elevate the buyer’s charge. Here’s where it stands now:
- First offense: State jail felony — 180 days to 2 years in a state jail facility, up to a $10,000 fine
- Prior conviction: Third degree felony — 2 to 10 years in prison, up to a $10,000 fine
- If the other person is younger than 18, represented as younger than 18, or believed by you to be younger than 18: Second degree felony — 2 to 20 years in prison, up to a $10,000 fine
- School proximity: If the offense occurs within 1,000 feet of a school or school event, the punishment bumps up to the next higher category
A felony conviction also brings consequences that extend far beyond the sentence. Depending on the specific charge, a conviction may trigger sex offender registration requirements — which means your name on a public database, restrictions on where you can live and work, and mandatory check-ins for years or decades. That’s a consequence most people don’t see coming when they’re first arrested, and it’s one of the reasons getting in front of this charge early matters so much.
How Collin County Runs Solicitation Stings
Collin County law enforcement runs solicitation stings regularly — both online and in person. Understanding how they work is an important part of understanding how to defend against them.
Online stings are the most common type I see. An undercover officer creates a profile or ad on an app or website, presents themselves as offering sexual services for a fee, and waits for a response. Once someone engages and an agreement is reached — usually over text or in-app messaging — officers identify the person and make an arrest. The entire conversation is preserved as evidence.
In-person operations work similarly, but in physical locations. An undercover officer approaches a target or responds to contact and attempts to reach an explicit agreement. Again, once the offer or agreement is established, the arrest follows.
In both scenarios, the evidence is typically a recorded conversation — texts, app messages, or audio. The State’s case usually rests on what you said and how explicitly you said it. That record is also where the defense starts.
I’ve handled these cases firsthand. One recent Plano Demand Reduction sting started as a solicitation charge and escalated into a first-degree felony — read how that case resolved.
The Other Charges: Prostitution, Promoting, and Compelling
Solicitation gets most of my attention on this page because it’s the most common charge I handle in Collin County. But Chapter 43 of the Texas Penal Code covers a range of related offenses worth understanding.
Prostitution (§43.02) — This is the seller’s offense: knowingly offering or agreeing to receive a fee for sexual conduct. A first offense is a Class B misdemeanor. It escalates to a Class A misdemeanor with one or two prior convictions, and to a state jail felony with three or more.
Promotion of Prostitution (§43.03) — Receiving proceeds from another person’s prostitution, or soliciting someone to engage in sexual conduct for compensation. A third degree felony to start, escalating to a second degree with a prior conviction, and a first degree if a minor is involved.
Compelling Prostitution (§43.05) — Using force, threat, coercion, or fraud to cause someone to commit prostitution, or causing a minor to commit prostitution by any means. A first degree felony. This is the charge associated with human trafficking situations.
If you’re facing any of these charges — not just solicitation — reach out. I handle all of them.
How I Defend These Cases
The first thing I do when someone contacts me about a solicitation or prostitution charge is get the actual evidence — the police report, any recorded communications, body camera footage if it exists, and the details of how the contact was initiated. The State’s case depends almost entirely on what’s in that record, and that record is where the defense lives.
There are several angles I look at in every one of these cases:
- Entrapment. This is the most commonly misunderstood defense in solicitation cases. Entrapment isn’t just “the police tricked me.” The legal standard is whether the government induced you to commit a crime you wouldn’t otherwise have committed. If an undercover officer used persistent pressure, false representations, or other tactics that went beyond simply creating an opportunity, that’s a real defense — not just a Hail Mary.
- Was there actually an agreement? The statute requires an offer or agreement to pay a fee for sexual conduct. Ambiguous messages, discussions that never reached an explicit agreement, or conversations that could be interpreted multiple ways may not meet that standard. I’ll look closely at exactly what was said and whether it legally constitutes the offense charged.
- Constitutional issues. Sting operations have to follow rules. If officers violated your Fourth or Fifth Amendment rights in the course of the investigation — an unlawful search, a coerced statement, improper identification — that can affect what evidence comes in at trial.
- Credibility and context of the evidence. Text messages and recordings can be taken out of context. I’ll look at the full record, not just the excerpts the State wants to highlight.
Beyond contesting the charge outright, outcomes in these cases also depend heavily on negotiation — the specific facts, your history, and what happened between the arrest and the resolution. I’ll be straight with you about what’s realistic and what the options look like.
Frequently Asked Questions About Solicitation and Prostitution Charges in Texas
I never actually met anyone or did anything. Can I still be charged with solicitation?
Yes. Under §43.021, the offense is complete when you offer or agree to pay — not when any sexual conduct occurs. If you exchanged messages with an undercover officer and agreed to a price, that can be enough to support a charge even if you never showed up, changed your mind, or had no intention of following through. “I didn’t go through with it” is not a defense under Texas law as written.
Is solicitation of prostitution a felony in Texas?
Yes — and this surprises a lot of people. Before 2021, solicitation was charged as a Class B misdemeanor. Texas law changed in September 2021, creating §43.021 as a standalone offense. A first-time solicitation charge is now a state jail felony, which carries up to 2 years in a state jail facility and a fine up to $10,000. Prior convictions or involvement of a minor push it into higher felony territory.
Will I have to register as a sex offender if I’m convicted?
Potentially, yes. Sex offender registration requirements in Texas depend on the specific offense and the circumstances of conviction. A conviction under §43.021 can trigger registration obligations — which means appearing on a public database, restrictions on where you can live and work, and ongoing reporting requirements. This is one of the most serious long-term consequences of a solicitation conviction, and it’s something I address directly when reviewing your case.
What is entrapment, and does it apply to sting operations?
Entrapment is a legal defense, not just a general complaint about being set up. Under Texas law, entrapment applies when a law enforcement officer — or someone acting under their direction — induces you to commit an offense that you wouldn’t otherwise have committed. The key word is “induces.” If the officer simply created an opportunity and you responded, that’s not entrapment. If the officer used persuasion, pressure, or deception that went beyond providing an opportunity, it may be. Whether entrapment applies depends entirely on the specific facts of your case.
Can this charge be kept off my record?
Expunction and non-disclosure options are limited for felony charges, and they depend on how the case resolves. Deferred adjudication — where you plead guilty, complete a supervision period, and avoid a formal conviction — is sometimes available in these cases and can open the door to non-disclosure, which seals the record from public view. Every situation is different. I’ll tell you straight what your options look like based on the specific charge and your history.
Serving All of Collin County
I defend clients throughout Collin County, including:
Charged with a Crime?
A criminal conviction in Texas can have permanent consequences. Beyond the immediate criminal penalties, a conviction may affect your job, your record, your driving privileges, and your future. The right defense, started early, can change the outcome of your case.
I’ll be straight with you about your situation, explain all of your options, and fight hard for the best possible outcome — no obligation, no hard sell. I personally read and respond to every message, typically within a few hours.