Solicitation Charges in Texas: Criminal Solicitation, Prostitution, Penalties, and Defenses

Legally reviewed by Chris Jeansonne, Criminal Defense Attorney, Dunham & Jones, Attorneys at Law, P.C. · Last reviewed: August 20, 2026

Many people hear the word “solicitation” and immediately think of prostitution. In reality, Texas law recognizes several different solicitation offenses, each with its own legal definition, penalties, and defenses. Depending on the circumstances, a solicitation charge may involve asking another person to commit a felony, offering to pay for sexual conduct, or electronically communicating with a minor for prohibited purposes.

Unlike many criminal offenses, solicitation often centers on communication rather than action. In many cases, a person may face criminal charges even if the underlying crime was never attempted or completed. Understanding which solicitation statute applies is critical because the consequences can vary dramatically.

Whether the allegation involves prostitution, another felony offense, or online communications with a minor, a conviction can result in jail or prison time, substantial fines, and a permanent criminal record that affects employment, professional licensing, housing, education, and future opportunities.

What Is Solicitation Under Texas Law?

Broadly speaking, solicitation occurs when one person intentionally encourages, requests, commands, or attempts to persuade another person to commit a criminal offense.

Unlike many crimes, solicitation focuses on the communication itself. The offense may be complete before the underlying crime ever takes place. In many cases, the person being solicited never intends to follow through at all.

Texas law recognizes several forms of solicitation, including criminal solicitation, which involves asking or attempting to persuade another person to commit a felony, solicitation of prostitution, which involves offering or agreeing to pay another person for sexual conduct, or online solicitation of a minor, which involves communicating electronically with a minor (or someone believed to be a minor) for prohibited sexual purposes.

Each offense has its own legal elements, potential penalties, and available defenses.

Criminal Solicitation

The general offense of Criminal Solicitation is found in Chapter 15 of the Texas Penal Code.

A person commits Criminal Solicitation if, intending for a capital felony or a first-degree felony to be committed, they request, command, or attempt to induce another person to engage in conduct that would constitute that offense or make the other person a party to its commission. Unlike criminal attempt or conspiracy, which can apply to a broader range of offenses, this statute is limited to soliciting the state’s most serious crimes, which are capital felonies and first-degree felonies.

Importantly, prosecutors do not have to prove that the other person agreed, the crime was attempted or the crime was completed.

The prosecution only needs to prove that the solicitation itself occurred and that the defendant intended for the felony to be committed.

For example, hiring someone to commit capital murder, soliciting another person to commit aggravated sexual assault, or attempting to recruit someone to commit an offense that rises to a first-degree felony, such as aggravated robbery causing serious bodily injury, could lead to Criminal Solicitation charges, even if the intended crime never occurs. Because the statute is limited to capital and first-degree felonies, requests to commit lower-level felonies (such as basic burglary, robbery, or assault) generally fall outside this particular offense, though they may still be prosecuted under other statutes, such as criminal conspiracy.

What Are the Penalties for Criminal Solicitation?

The punishment for Criminal Solicitation generally depends on the severity of the felony the defendant allegedly solicited another person to commit.

In most cases, Criminal Solicitation is punished one category lower than the underlying felony. For example:

• Soliciting a first-degree felony is generally punishable as a second-degree felony.
• Criminal Solicitation involving capital murder or certain first-degree felonies resulting in death may itself be prosecuted as a first-degree felony, carrying some of the most severe penalties available under Texas law.

Depending on the offense charged, a conviction may result in lengthy prison sentences, substantial fines, and a permanent felony record.

Solicitation of Prostitution

One of the most commonly charged solicitation offenses in Texas involves prostitution. Texas law makes it illegal to knowingly offer or agree to pay another person for sexual conduct. For a deeper look at this offense, see our guide to Solicitation of Prostitution in Texas.

What Does “Sexual Conduct” Mean?

One common misconception is that solicitation charges require an agreement to engage in sexual intercourse. Under Texas law, sexual conduct is defined more broadly and includes sexual intercourse, deviate sexual intercourse, or sexual contact involving another person’s genitalia when done for the purpose of sexual arousal or gratification.

Because the legal definition is broader than many people realize, conduct that some individuals might not consider “sex” can still fall within the statute.

A solicitation charge may arise through face-to-face conversations, telephone calls, text messages, emails, online advertisements, social media platforms, dating applications or undercover law enforcement operations.

In many investigations, officers pose as buyers or sellers during sting operations designed to identify individuals attempting to purchase sexual services.

Is Solicitation of Prostitution a Felony?

Yes.

On September 1, 2021, Texas became the first state in the nation to make purchasing sexual services a felony for a first offense, reflecting a legislative effort to reduce demand for commercial sex and combat human trafficking.

Today, Solicitation of Prostitution is generally charged as a State Jail Felony, even for a first offense.

A State Jail Felony is punishable by 180 days to 2 years in a Texas state jail facility or a fine of up to $10,000. Repeat offenses may result in enhanced felony charges carrying significantly greater penalties.

How Often Is Solicitation of Prostitution Charged in Texas?

Solicitation of Prostitution is prosecuted far more frequently than many people realize.

Since becoming a separate criminal offense in 2021, Texas law enforcement agencies have continued to actively investigate and prosecute these cases. According to statewide arrest data published by the Texas Attorney General’s Office, there were 1,746 arrests for Solicitation of Prostitution during Fiscal Year 2022 and 1,706 arrests during Fiscal Year 2023.

These figures demonstrate that solicitation investigations remain an active law enforcement priority throughout Texas and frequently result from undercover sting operations.

Are Both the Buyer and Seller Charged?

Potentially, yes.

The person who offers or agrees to pay for sexual conduct may be charged with Solicitation of Prostitution, while the person who agrees to receive payment for sexual conduct may be charged with Prostitution.

However, the penalties are not the same.

Under current Texas law, purchasing sexual services is generally punished more severely than selling them. While Solicitation of Prostitution is charged as a State Jail Felony for a first offense, a first offense for Prostitution is generally charged as a misdemeanor, although penalties may increase for repeat offenses or other aggravating circumstances.

This distinction reflects the Texas Legislature’s decision to focus criminal penalties more heavily on buyers as part of its broader effort to combat human trafficking.

Online Solicitation of a Minor

Another solicitation offense under Texas law is Online Solicitation of a Minor, which involves certain electronic communications with a minor, or someone the defendant believes to be a minor, for prohibited sexual purposes.

These cases often involve text messages, social media platforms, gaming applications, messaging apps, or other forms of electronic communication and carry severe felony penalties.

Because Online Solicitation of a Minor involves a separate statute with significantly different legal elements and penalties, we discuss it in greater detail in our article on Online Solicitation of a Minor in Texas.

Other Solicitation-Related Offenses

Solicitation can also become part of investigations involving larger criminal enterprises.

For example, communications encouraging another person to participate in drug trafficking, human trafficking, or other felony offenses may be used as evidence supporting those crimes. In these situations, however, prosecutors often pursue charges under entirely different criminal statutes rather than charging Criminal Solicitation alone.

Because each offense is governed by different statutes and legal standards, the specific elements prosecutors must prove, and the potential penalties, can vary considerably.

What Must Prosecutors Prove?

Although every solicitation case is different, prosecutors generally must establish several elements beyond a reasonable doubt.

These often include the defendant intentionally communicated with another person, the communication requested or encouraged criminal conduct, whether the defendant intended for the crime to occur, and that the communication met the legal definition of solicitation under the applicable Texas statute.

Intent is often one of the most heavily contested issues in these cases.

Statements taken out of context, jokes, sarcasm, role-playing conversations, or ambiguous communications may not necessarily establish criminal intent.

Can Text Messages Be Used as Evidence?

Yes.

Modern solicitation investigations frequently rely on digital evidence.

Prosecutors may introduce text messages, emails, social media messages, dating application conversations, call records, financial transactions, GPS or location information, and electronic payment records.

However, the existence of electronic communications alone does not automatically prove guilt. Prosecutors must still establish every legal element of the offense beyond a reasonable doubt.

Digital evidence may also raise questions regarding authenticity, authorship, context, and constitutional protections.

Undercover Sting Operations

Many solicitation cases originate through undercover investigations.

Law enforcement agencies frequently create online advertisements or profiles posing as individuals offering illegal services. Investigators then communicate with potential suspects and arrange meetings.

These operations are generally lawful when conducted within constitutional limits. However, every investigation should be carefully reviewed by an experienced criminal defense attorney.

Questions that may arise include:

• Did officers follow proper investigative procedures?
• Were constitutional rights violated?
• Was evidence obtained legally?
• Can prosecutors prove criminal intent beyond a reasonable doubt?

Possible Defenses to Solicitation Charges

Every criminal case is unique, and the appropriate defense depends upon the specific facts. For additional strategies, see our guide on 6 Ways to Beat a Solicitation Charge in Texas.

Potential defenses may include:

Lack of Criminal Intent

The defendant may never have intended for a crime to occur. Conversations can sometimes be misunderstood, exaggerated, or taken out of context.

Insufficient Evidence

The prosecution bears the burden of proving every element beyond a reasonable doubt. If the evidence is incomplete, inconsistent, or unreliable, the case may not satisfy that burden.

Mistaken Identity

In online investigations, identifying the individual behind a device or account can sometimes become an issue.

Constitutional Violations

Evidence obtained through unlawful searches, improper interrogations, or violations of constitutional rights may be subject to suppression.

Entrapment

Entrapment is frequently discussed in solicitation cases involving undercover sting operations.

However, Texas law sets a high standard for establishing this defense. Simply providing an opportunity to commit a crime generally is not enough. Instead, the defendant must show that law enforcement induced conduct that an ordinarily law-abiding person would not otherwise have committed.

Whether entrapment applies depends entirely upon the specific facts of each case.

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What Happens After an Arrest?

Following an arrest for solicitation, a defendant may be booked into jail, required to post bond, ordered to appear in court, subject to bond conditions restricting travel or communication or required to comply with additional court orders depending on the allegations.

The criminal process may include investigation, formal charging decisions, discovery, pretrial motions, plea negotiations, or trial if necessary.

Many solicitation cases involve significant legal issues that should be evaluated as early as possible.

Why Early Legal Representation Matters

Solicitation charges often involve digital communications, undercover investigations, electronic evidence, witness testimony, and questions about criminal intent. These cases can quickly become legally complex.

An experienced Texas criminal defense attorney can evaluate the evidence, identify weaknesses in the prosecution’s case, challenge unlawfully obtained evidence, negotiate with prosecutors when appropriate, and prepare a defense tailored to the unique facts of the case.

Early legal intervention may preserve important evidence, protect constitutional rights, and improve the ability to respond effectively as the case progresses.

Protecting Your Future After a Solicitation Charge

A solicitation allegation can have serious legal and personal consequences, even before a case reaches trial. Because solicitation charges often involve questions of intent, digital communications, undercover investigations, and rapidly evolving Texas law, these cases frequently require careful analysis of both the facts and the applicable statutes.

Every case presents unique circumstances, and the outcome often depends on the quality of the evidence, the legality of the investigation, and the defense strategy developed early in the process. Anyone facing solicitation charges in Texas should seek qualified legal guidance to fully understand the allegations, protect their constitutional rights, and make informed decisions throughout the criminal justice process.

Frequently Asked Questions

This article provides general information and is not legal advice. Every case depends on its particular facts, charges, criminal history, court orders, and applicable law.