Got your attention?

What is the substantive distinction between 43.02(a)(1) and (a)(2)?

43.02(a) 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.

I can't come up with a situation when it would be favorable to charge (a)(2) over (a)(1).

Isn't #1 for pros and #2 for Johns?

43.02(b) states:

An offense is established under Subsection (a)(1) whether the actor is to receive or pay a fee. An offense is established under Subsection (a)(2) whether the actor solicits a person to hire him or offers to hire the person solicited.

So, (a)(1) covers Pros and Johns and (a)(2) does too? So, what's the point of both provisions?

Its the difference between "for a fee" and "for hire", whatever that is. And if it did occur in public then probably must charge under (a)(2). Also, (a)(1) would apply if there was a go between, i.e. A offers to or agrees with B to engage with C (rather unusual but possible) and applies to the completed conduct.

Kinkeade and McCulloch also explain that (a)(1) was originally a Class C, but agree that because "solicit" and "offer to engage" are synonyms that (a)(2) is "obsolete and unnecessary" and merely adds an extra element to be proved.

[This message was edited by Martin Peterson on 10-01-04 at .]