Houston Escort Defense Attorney

Defense for Criminal Charges Involving Escorts, Dancers, Strippers & Massage Therapists

In the state of Texas, engaging in or soliciting sexual conduct for a fee is illegal (Texas Penal Code 43.02). This charge can range in severity from a Class A misdemeanor to a felony of the second degree. The city of Houston also has its own municipal codes governing the conduct of “sexually oriented businesses.” If you were criminally charged for prostitution in connection to an escort service, strip club, or massage parlor, or you are facing a sexually oriented business violation, you are entitled to a defense and a fair trial.

The Law Offices of Jed Silverman provides experienced sex crime defense representation to sexually oriented business owners, strippers, exotic dancers, escorts and massage therapists, as well as patrons of those establishments We work hard to protect your rights from overzealous police officers and prosecutors.

For a free consultation with a Houston escort defense attorney, please call our offices today at (713) 597-2221.

Houston’s Sexually Oriented Business Law: Chapter 28, Article VIII

Entertainers, dancers and strippers and other individuals who own or work in a sexually oriented business are required to abide by Houston Municipal Codes Chapter 28, Article VIII[1]. Any violation or perceived violation of these rules may result in an arrest.

According to Sec. 28-258. - Conduct of employees:

• Three-foot rule violations: It is a violation of Houston’s municipal code for any entertainer to approach closer than three feet to any customer while engaging in entertainment, while engaging in a sexual activity, or exposing a “specified anatomical area.”
• Touching a customer: It is against the law for an entertainer to touch the clothing of a customer while engaging in a sexual activity, or exposing a “specified anatomical area.”
• Separate areas: It is unlawful for an employee to engage in a sexual activity, engage in entertainment, or to expose a “specified anatomical area” in a location where the entry is blocked or obscured by a door, curtain, or other barrier that separates the space from the rest of the establishment.

According to Sec. 243.010(b) of the Local Government Code[2], an offense under this subsection is a Class A misdemeanor. Permits that allow sexually oriented businesses to lawfully operate may also be revoked or suspended for violations.

Is Escorting Legal in Texas?

In Texas, escorting generally refers to a service where a person, known as an escort, accompanies someone to various social or public events. The role of an escort is typically to provide companionship, conversation, and social engagement to the client. Escorts are often hired to attend parties, dinners, business functions, or other social gatherings where their presence is desired.

Keep in mind, escorting is exclusively involves the provision of companionship and social interaction, rather than explicitly offering or engaging in sexual services for money. It is important to note that escorting does not necessarily imply or include the exchange of sexual services.

Therefore, the act of escorting itself is not illegal in Texas. On the other hand, engaging in or facilitating prostitution, which involves the exchange of sexual services for money, is against the law in Texas.

Entrapment Defense in Texas

Because “stings” are common in industries such as escort services, strip clubs, and even massage parlors, entrapment is a commonly used defense against prostitution, solicitation, and related charges.

According to the Department of Justice,

Entrapment is a complete defense to a criminal charge, on the theory that "Government agents may not originate a criminal design, implant in an innocent person's mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute." Jacobson v. United States, 503 U.S. 540, 548 (1992). A valid entrapment defense has two related elements: (1) government inducement of the crime, and (2) the defendant's lack of predisposition to engage in the criminal conduct. Mathews v. United States, 485 U.S. 58, 63 (1988). Of the two elements, predisposition is by far the more important.

Contact Our Houston Escort Defense Lawyers

If you were arrested or are under investigation for a violation of Houston’s sexually oriented business laws or Texas’ prostitution laws, we encourage you to get in touch with our firm as soon as possible.

We can provide the tough defense you need to combat these serious offenses! Contact our Houston escort defense lawyers at (713) 597-2221.