The Texas Aggravated Promotion of Prostitution law gives police the right to arrest you if they believe you ran (or help ran) a prostitution enterprise that involved two or more prostitutes.

The Penal Code now contains four entirely separate “promotion of prostitution” offenses. In addition to this Aggravated Promotion of Prostitution law, we now have Promotion of Prostitution, Online Promotion of Prostitution, and Aggravated Online Promotion of Prostitution.

The legislature has not updated the Aggravated Promotion of Prostitution law since 2019, when it increased the penalties for the offense.

The Texas Penal Code classifies the Aggravated 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 Promotion of Prostitution 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.

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?

The penalty level for this offense increased mulitple classification tiers between 2017-2019. Currently, and for all offenses occurring on or after September 1, 2019, violations of the Aggravated Promotion of Prostitution law are punished as a first degree felony.^[2]

Prior to September 1, 2017, a conviction for Aggravated Promotion of Prostitution was 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.

In 2017, the legislature increased the penalty level to a second degree felony.^[4] Under the 2017 law, Aggravated Promotion of Prostitution can be enhanced to a felony of the first degree if the prostitution enterprise used a prostitute that was under the age of 18.^[5]

Do you have to register as a sex offender if you’re convicted of Aggravated Promotion of Prostitution?

As of 2019, this offense requires sex offender registration upon conviction or acceptance of a deferred adjudication pleas.^[6] The legislature also also increased the penalties for the Aggravated Promotion of Prostitution offense in the same year.^[7] Learn more about the new penalty scheme above.

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Legal References:

^1. Texas Penal Code §43.04. This law is current as of the 88th Legislature Regular Session.^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), HB 29, 85th Texas Legislature, Section 39

(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), HB 29, 85th Texas Legislature, Section 39^5. Texas Penal Code §43.04(b), HB 29, 85th Texas Legislature, Section 39^6. Senate Bill 1802, 86th Legislature (RS), Section 1^7. Senate Bill 1802, 86th Legislature (RS), Section 4