The Texas legislature enacted the Aggravated Online Promotion of Prostitution law in 2019. This law makes it illegal to operate a website that’s intended to promote the prostitution activities of a minimum of five people.
FAQs about the
Aggravated Online Promotion of Prostitution law in Texas
- What is the current Texas law about Aggravated Online Promotion of Prostitution?
- How can I be charged with Aggravated Online Promotion of Prostitution if…?
- What is the punishment range for Aggravated Online Promotion of Prostitution?
- Do you have to register as a sex offender if you’re convicted of Aggravated Online Promotion of Prostitution?
The law took effect on September 1, 2019. This new offense was one of the 14 recommendations of the “Texas Human Trafficking Prevention Task Force,” a group of bureaucrats created by the legislature. The group recommended a large swath of increased penalties and complex rules for prostitution-related offenses.
Have you been charged with Aggravated Online Promotion of Prostitution? Book a consultation to discuss legal representation with criminal defense attorneys Paul Saputo and Nicholas Toufexis today.
The underlying, non-aggravated form of the offense is called Online Promotion of Prostitution. The aggravated form of the offense requires the state to prove the inolvement of five or more persons.
The Texas Penal Code classifies the Aggravated Online Promotion of Prostitution law under Title 9 “Offenses Against Public Order and Decency,” Chapter 43 “Public Indecency.” These “public indecency” crimes are sex crimes, but they are not of a violent or assaultive nature. Learn more about the Texas offense of Aggravated Online Promotion of Prostitution below.
What is the current Texas law about Aggravated Online Promotion of Prostitution?
The current Texas law defines the offense of Aggravated Online Promotion of Prostitution in Penal Code Section §43.041 as follows:[1]
(a) A person commits an offense if the person owns, manages, or operates an interactive computer service or information content provider, or operates as an information content provider, with the intent to promote the prostitution of five or more persons or facilitate five or more persons to engage in prostitution or solicitation of prostitution.
Created by the 86th Texas Legislative Session, the Aggravated Promotion of Prostitution took effect on September 1, 2019.[2] Learn more detailed information about the Aggravated Promotion of Prostitution offense below.
How can I be charged with Aggravated Online Promotion of Prostitution if…?
You can be charged with Aggravated Online Promotion of Prostitution if the state’s attorneys believe that each of the elements of 43.041(a) as described in the section above have been met.
What is the punishment range for Aggravated Online Promotion of Prostitution?
The Texas Penal Code classifies the Aggravated Online Promotion of Prostitution as a second degree felony, except under two circumstances.[3] The code only classifies the offense as a first degree felony if you had been previously convicted of the this offense[4] or the state convinces a jury that you engaged in conduct involving two or more persons younger than 18 years of age engaging in prostitution, regardless of whether you knew the age of the persons at the time of the offense.[5]
Do you have to register as a sex offender if you’re convicted of Aggravated Online Promotion of Prostitution?
As of the 88th legislature, the Aggravated Online Promotion of Prostitution offense does not appear on the list of offenses requring sex offender registration.
Legal References:
^1. Texas Penal Code §43.041. This law is current as of the 88th Legislature Regular Session.^2. Senate Bill 20, 86th Legislature, Sections 3.02 & 7.01^3. Texas Penal Code §43.041(b)^4. Texas Penal Code §43.041(b)(1)^5. Texas Penal Code §43.041(b)(2)
