The legislature enacted the Texas Online Promotion of Prostitution law in 2019. The law makes it illegal to operate a website that is intended to promote prostitution activities.
FAQs about the
Online Promotion of Prostitution law in Texas
- What is the current Texas law about Online Promotion of Prostitution?
- How can I be charged with an Online Promotion of Prostitution offense in Texas?
- What is the statute of limitation for Online Promotion of Prostitution in Texas?
- What is the penalty for a Texas Online Promotion of Prostitution offense?
- Can you get probation for Online Promotion of Prostitution in Texas?
- Do I have to register as a sex offender in Texas if guilty of Online Promotion of Prostitution?
- What level of crime is Online Promotion of Prostitution in Texas?
The Online Promotion of Prostitution offense was created in 2019 the wake of the Backpage scandal. Backpage was known for hosting adult services ads and its CEO ultimately pled guilty to sex trafficking.
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The Texas legislature codified this criminal offense in Texas Penal Code Section 43.031. The law was not amended in 2023. However, the law was amended in 2021 to add Solicitation of Prostitution to the types of offenses that were covered under the prohibition in this law against online promotion.
There is a separate aggravated form of the offense called Aggravated Online Promotion of Prostitution that applies to operations involving five or more prostitutes.
The Penal Code classifies the Texas 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 Online Promotion of Prostitution below.
What is the current Texas law about Online Promotion of Prostitution?
Texas law currently defines the offense of Online Promotion of Prostitution in Penal Code Section §43.031 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 another person or facilitate another person to engage in prostitution or solicitation of prostitution.
Online Promotion of Prostitution was created in the 86th Texas Legislative Session and was effective as of September 1, 2019.[2]
How can I be charged with an Online Promotion of Prostitution offense in Texas?
You can be charged with Online Promotion of Prostitution in Texas if the state’s attorneys believe that each of the elements of 43.031(a) as described in the section above have been met.
What is the statute of limitation for Online Promotion of Prostitution in Texas?
Online Promotion of Prostitution offenses have a three-year limitations period.[3]
What is the penalty for a Texas Online Promotion of Prostitution offense?
The lowest classification level for Online Promotion of Prostitution is a third degree felony.[4] The offense is categorized as a second degree felony if you have been previously convicted of this offense or Aggravated Online Promotion of Prostitution[5] or if the state convinces a jury that the offense conduct involved a person younger than 18 years of age engaging in prostitution, regardless of whether the you knew the age of the person at the time of the offense.[6]
Can you get probation for Online Promotion of Prostitution in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Online Promotion of Prostitution, and judges are also allowed to accept deferred adjudication plea deals.[7]
Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.[8] 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.[9]
Do I have to register as a sex offender in Texas if guilty of Online Promotion of Prostitution?
The Online Promotion of Prostitution offense does not appear on the list of offenses requiring registration under Chapter 62 of the Texas Code of Criminal Procedure.[10]
However, the legislature can add this offense to the list at any time. If that happens, people convicted of Online 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 founty guilty.
What level of crime is Online Promotion of Prostitution in Texas?
The Penal Code classifies Online Promotion of Prostitution as either a third degree felony or a second degree felony, depending on the circumstances.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §43.031. This law is current as of 2024.^2. Senate Bill 20, 86th Legislature, Sections 3.02 & 7.01^3. See Code of Criminal Procedure 12.01(9)^4. Texas Penal Code §43.031(b)^5. Texas Penal Code §43.031(b)(1)^6. Texas Penal Code §43.031(b)(2)^7. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^8. Art. 42A.053(c), Texas Code of Criminal Procedure^9. Art. 42A.054(b), Texas Code of Criminal Procedure^10. Code of Criminal Procedure, Article 62.001
