The Aggravated Promotion of Prostitution crime in the state of Texas gives police the right to arrest you if they believe you run (or help run) a prostitution enterprise that has two or more prostitutes.

Aggravated Promotion of Prostitution is classified in the Texas Penal Code under Title 9 “Offenses Against Public Order and Decency”, Chapter 43 “Public Indecency.” Aggravated Promotion of Prostitution is a separate offense from Learn more about the Texas crime of Promotion of Prostitution, not just an enhancement. Learn more detailed information about the Aggravated Promotion of Prostitution offense below.

What is the current Texas law about Aggravated Promotion of Prostitution?

The current Texas law defines the offense of Aggravated Promotion of Prostitution in Penal Code Section §43.04 as follows:^[1]

(a) A person commits an offense if he knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes.

UPDATE: SB 1802, 86th Texas Legislature, added this offense to the list of “reportable” offenses, meaning convictions or deferred pleas will require registration as a sex offender.¹ The same bill also increased the penalties for the Aggravated Promotion of Prostitution offense. Learn more about the new penalty scheme below

How can I be charged with Aggravated Promotion of Prostitution?

You can be charged with Aggravated Promotion of Prostitution if the state’s attorneys believe that each of the elements of 43.04(a) as described in the section above have been met, including (1) “owning, investing in, financing, controlling supervising or managing” (2) a “prostitution enterprise” (3) that uses two or more prostitutes.

What is the punishment for Aggravated Promotion of Prostitution?

For offenses occurring on or after September 1, 2019, all violations of the Aggravated Promotion of Prostitution will be punished as a first degree felony.^[2] The punishment for this offense has increased significantly over the last several sessions.

For offenses occurring before September 1, 2017, a conviction for Aggravated Promotion of Prostitution is punished as a felony of the third degree,^[3] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.

HB 29, 85th Legislature, amended the law effective for offenses occurring on or after September 1, 2017, increasing the default punishment that of a felony of the second degree.^[4]

Under the 2017 law, Aggravated Promotion of Prostitution could also be punished as a felony of the first degree if the prostitution enterprise uses a prostitute that is under the age of 18, regardless of whether you knew the prostitute’s age or the prostitute lied about her age.^[5]

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Legal References:

^1. Texas Penal Code §43.04^2. Texas Penal Code §43.04(b), as amended by SB 1802, 86th Texas Legislature, Section 4, effective for offenses occurring on or after September 1, 2019^3. Texas Penal Code §43.04(b), as amended by House Bill 29, 85th Legislature, Section 39, effective September 1, 2017:

(b) An offense under this section is a felony of the second third degree, except that the offense is a felony of the first degree if the prostitution enterprise uses as a prostitute one or more persons younger than 18 years of age, regardless of whether the actor knows the age of the person at the time of the actor commits the offense.

^4. Texas Penal Code §43.04(b), as amended by House Bill 29, 85th Legislature, Section 39, effective September 1, 2017:

(b) An offense under this section is a felony of the second third degree, except that the offense is a felony of the first degree if the prostitution enterprise uses as a prostitute one or more persons younger than 18 years of age, regardless of whether the actor knows the age of the person at the time of the actor commits the offense.

^5. Texas Penal Code §43.04(b), as amended by House Bill 29, 85th Legislature, Section 39, effective September 1, 2017:

(b) An offense under this section is a felony of the second third degree, except that the offense is a felony of the first degree if the prostitution enterprise uses as a prostitute one or more persons younger than 18 years of age, regardless of whether the actor knows the age of the person at the time of the actor commits the offense.