The Texas Continuous Promotion of Prostitution law gives police the right to arrest you if they believe you engaged in two or more acts of Promotion of Prostitution over a period of 30 days or more, even if jurors might disagree about the exact dates or which specific acts you committed.
FAQs about the
Continuous Promotion of Prostitution law in Texas
- What is the current Texas law about Continuous Promotion of Prostitution?
- What is the penalty for a Texas Continuous Promotion of Prostitution offense?
- How can I be charged with a Continuous Promotion of Prostitution offense in Texas?
- What is the statute of limitations for Continuous Promotion of Prostitution in Texas?
- Can you get probation for Continuous Promotion of Prostitution in Texas?
- Do I have to register as a sex offender in Texas if guilty of Continuous Promotion of Prostitution?
- What level of crime is Continuous Promotion of Prostitution in Texas?
The legislature created this offense in 2025, placing it in Chapter 43 of the Penal Code alongside the prostitution-related offenses. It is conceptually similar to other “continuous” offenses in Texas law: the State does not have to prove the precise dates of each act, only that two or more qualifying acts occurred during a period of 30 days or more.
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The statute also explains what jurors must agree on. Jurors do not have to unanimously pick the same acts or dates. They must unanimously find that you committed at least two qualifying acts of Promotion of Prostitution within a 30-day window. The law also limits multiple convictions and multiple counts in the same case when the same person is involved.
This offense takes effect September 1, 2025, and applies only to conduct on or after that date.
The Penal Code classifies the Texas Continuous 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 Continuous Promotion of Prostitution below.
What is the current Texas law about Continuous Promotion of Prostitution?
AV Preeminent Texas lawyer Paul Saputo provides the current law defining Continuous Promotion of Prostitution in Penal Code Section §43.032, as follows:[1]
(a) A person commits an offense if, during a period that is 30 or more days in duration, the person engages two or more times in conduct that constitutes an offense under Section 43.03.
Continuous Promotion of Prostitution makes it a crime to engage, during a period of 30 days or more, in two or more acts that would each be Promotion of Prostitution under Section 43.03.[2]
The statute contains a special jury-agreement rule: jurors do not have to agree on the specific acts or exact dates, but they must unanimously find that at least two qualifying acts occurred within a 30-day period.[3]
If the same person is the accuser in both the continuous charge and a non-continuous Promotion of Prostitution charge, the State generally cannot take both convictions in the same case, and the State cannot charge more than one count of the continuous offense when all the conduct involves the same accuser.[4]
This offense applies prospectively. It takes effect September 1, 2025, and prosecutions are limited to offenses committed on or after that date; if any element occurred before that date, the prior law controls that conduct.[5]
What is the penalty for a Texas Continuous Promotion of Prostitution offense?
A conviction for Continuous Promotion of Prostitution is a first degree felony.[6] The sentencing range for a first degree felony is 5 to 99 years or life in prison, and a fine up to $10,000 may be imposed.[7]
How can I be charged with a Continuous Promotion of Prostitution offense in Texas?
You can be charged with Continuous Promotion of Prostitution in Texas if the state’s attorneys believe that each of the elements of §43.032(a), as described in the section above, have been met.
What is the statute of limitations for Continuous Promotion of Prostitution in Texas?
Under current Texas law, there is no statute of limitations for the offense of Continuous Promotion of Prostitution. This means prosecutors may bring charges at any time, no matter how much time has passed since the alleged conduct.[8]
The Texas Legislature created this offense in 2025 and, at the same time, added it to the list of crimes without a limitations period.[9] SInce the offense itself only applies prospectively beginning on September 1, 2025, the limitations period only affects conduct on or after that date.
Can you get probation for Continuous Promotion of Prostitution in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Continuous Promotion of Prostitution, and judges are also allowed to accept deferred adjudication plea deals.[10]
Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.[11] Also, judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.[12]
Do I have to register as a sex offender in Texas if guilty of Continuous Promotion of Prostitution?
The Continuous Promotion of Prostitution offense does not appear on the list of offenses requiring registration under Chapter 62 of the Texas Code of Criminal Procedure.[13]
However, the legislature can add this offense to the list at any time. If that happens, people convicted of Continuous Promotion of Prostitution would have to register, even if the offense did not appear on the list at the time they accepted a deferred adjudication plea (even if later dismissed), pled guilty or were found guilty.
What level of crime is Continuous Promotion of Prostitution in Texas?
The Penal Code classifies the punishment for Continuous Promotion of Prostitution as a first degree felony.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §43.032. This law is current as of 2025.^2. Texas Penal Code §43.032(a), as enacted by HB 1778, 89th Legislature (RS), Section 2.02^3. Texas Penal Code §43.032(b), as enacted by HB 1778, 89th Legislature (RS), Section 2.02^4. Texas Penal Code §43.032(c)–(d), as enacted by HB 1778, 89th Legislature (RS), Section 2.02^5. HB 1778, 89th Legislature (RS), Section 5.01^6. Texas Penal Code §43.032(e), as enacted by HB 1778, 89th Legislature (RS), Section 2.02^7. Texas Penal Code §12.32^8. Code of Criminal Procedure art. 12.01(1)(N), as added by HB 1778, 89th Legislature (RS), Section 4.01^9. HB 1778, 89th Texas Legislature (RS), Sections 4.01 & 5.01^10. See Chapter 42A, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^11. Art. 42A.053(c), Texas Code of Criminal Procedure^12. Art. 42A.054(b), Texas Code of Criminal Procedure^13. Code of Criminal Procedure, Article 62.001
