Texas Penal Code § 43.02 states that “a person commits an offense if he knowingly: (1) offers to engage, agrees to engage, or engages in sexual conduct for a fee; or (2) solicits another in a public place to engage with him in sexual conduct for hire.”

“Sexual conduct” includes deviate sexual intercourse, sexual contact, and sexual intercourse.

“Deviate sexual intercourse” means any contact between the genitals of one person and the mouth or anus of another person.

“Sexual intercourse” means any penetration of the female sex organ by the male sex organ.

“Sexual contact” means any touching of the anus, breast, or any parts of the genitals of another person with intent to arose or gratify the sexual desire of any person.

Therefore, merely making an offer to another person for sex in exchange for money is prostitution.  It is the intent of the person either making the offer or that of the person accepting the offer that is of importance. As long as the meaning of the words between the parties indicates sex for money then in short it is prostitution. Remember it is the intent of the parties regardless of the words used. However, the words used have to clearly convey an intent to exchange sex for money.

Some people are under the mistaken belief that if the other party does not admit he or she is a police officer then that is entrapment. This is simply not true. An undercover police officer is under no obligation to admit he is a police officer. Likewise, some people think that if they remove their clothes then surely the other person is not an undercover police officer. That also is incorrect. I have seen many cases where undercover officers remove all their clothing even to the point of male officers revealing their erect members.

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