How Can I Fight a Solicitation Charge in a Sting Operation?

 Posted on September 11, 2024 in Criminal Defense

Law enforcement agencies use various methods to catch people committing crimes. One of those methods is sting operations, where agents or officers go undercover and present someone with an opportunity to commit an offense. This is a controversial but standard practice among state and federal law enforcement bodies.

Sting operations are commonly used to catch people soliciting or engaging in prostitution. Teams of law enforcement agents use aliases online to pretend to be minors or women who appear available for sexual encounters. When someone solicits them for sexual services, that person is charged with solicitation of prostitution.

Solicitation is a serious crime that carries severe penalties. To understand how to defend against such a charge, it is important to first understand what it is. This article will discuss what is considered solicitation of prostitution and how to contact a Texas criminal defense attorney to help build your defense.

What Is Considered Solicitation of Prostitution?

According to Texas Penal Code § 43.021, solicitation of prostitution means offering or agreeing to pay for sexual services. Note that money does not need to exchange hands for it to be a crime. You can be charged the moment you offer it.

Furthermore, you do not need to explicitly offer money for sexual favors. Even indirect references can be charged if law enforcement believes they were offers or requests.

What Are the Penalties for Solicitation of Prostitution?

Soliciting prostitution is a state jail felony in Texas, punishable by up to two years in jail and a fine of up to $10,000. However, penalties can increase in certain circumstances. For example:

• If this was not the defendant’s first offense, he or she may be charged with a third-degree felony. This carries a prison sentence of between 2 and 10 years and a fine of up to $10,000.
• If the defendant solicited a minor or an adult who appeared to be a minor, he or she could be charged with a second-degree felony. This is punishable by between 2 to 20 years in prison and a fine of up to $10,000.
• If the defendant solicited prostitution within 1,000 feet of a school or a school event, the charge will be enhanced to the next level.

What Are the Defenses Against a Solicitation Charge in a Sting Operation?

One of the most common defenses against a solicitation charge in a sting operation is entrapment. Entrapment is when a law enforcement agent pushes someone to commit a crime. This is more than just being enticing.

For example, suppose an undercover agent offers to sell sexual services to someone, but the subject refuses. The "prostitute" then continues to offer increasingly large discounts or increasingly enticing sexual acts, after which the subject agrees. That can be seen as entrapment and may invalidate the case.

Other possible defenses against sting solicitation charges include claiming there was a lack of intent or a lack of evidence.

Contact a Cooke County, TX Solicitation of Prostitution Defense Lawyer

Defending against a solicitation charge can be difficult. The success of your defense will depend in part on the available evidence and the abilities of your Denton County, TX defense attorney. At Magaña & Van Dyke, our extensive experience has allowed us to successfully defend our clients against serious charges, and we are ready to help you create a strong legal defense. Schedule a free consultation with an English-speaking or Spanish-speaking attorney by calling 940-382-1976 today.