Are Prostitution Stings Entrapment?

 Posted on November 09, 2021 in Criminal Defense

Texas boasts some of the nation’s harshest laws regarding prostitution. As of September 1, 2021, we became the first state to make the crime of purchasing sex from a prostitute a felony. As for prostitution, it can be charged as a felony or as a misdemeanor depending on the circumstances. Either way, a prostitution charge will have a serious impact on your life. Undercover stings where police pose as interested buyers (“johns”) are one of the most common ways people get arrested for prostitution in Texas.

Many people who are caught up in a prostitution sting, whether they are guilty or not, immediately think of entrapment as a possible defense. However, the defense of entrapment requires a very high bar to be met. If you were arrested during a prostitution sting operation, you will want a strong legal advocate to stand between you and the prosecutor. Texas sentencing can be notoriously harsh for sex crimes.

What is Entrapment?

In Texas, an entrapment defense can be raised when “engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense.” This means that the crime must have been the police officer’s idea, not the alleged prostitute’s. Merely offering someone the opportunity to commit the crime of prostitution - for example, by offering cash in exchange for a sex act - is not enough. If you accept such an offer, the court will assume that had your client not turned out to be a police officer, you would have engaged in prostitution with a different, legitimate client.

Entrapment requires a much higher level of coercion than a simple offer of cash for sex. However, if the amount offered is so high that a reasonable law-abiding citizen would find the offer irresistible, an entrapment defense may still succeed. Entrapment may also exist where an undercover officer persuades a person who would never have otherwise committed prostitution to do so, such as by applying coercion over time.

Are Prostitution Stings Entrapment?

Generally, no. If all the officers did was offer money for sex, or the other way around, they have not coerced an otherwise law-abiding citizen into committing a crime. However, many prostitution arrests are based on misunderstandings and it is entirely possible for an innocent bystander to be mistakenly arrested during a sting.

Contact a Wilson County Sex Crimes Defense Lawyer

If you were arrested in a prostitution sting, you need a knowledgeable attorney to protect your rights and defend your reputation and future prospects. The legal team at BRCK Criminal Defense Attorneys understands how chaotic undercover sting operations are and how easy it is to get caught up in one. Our experienced Floresville sex crimes defense attorneys are ready to take your call at 830-769-1010. We offer free consultations.

Source:

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.8.htm