I have a case where a person has called a girl several times and asked her to have sex with him or if she knows of someone who would. We have her statement that he has offered to pay $100 and $200 for her to have sex with him. We also have a note that he wrote to her asking her how much it would cost to get her to give him a lap dance and a blow job. It doesn't say in the report where he gave her the letter.


Section 43.02 of the code says 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.

Is a prostitution charge the correct charge or is there something that I am missing that I should charge him with?

SOunds like he "offered to engage in sexual conduct for a fee." 43.02(b) says that is an offense whether the actor was to give or receive the payment.

The real question about this statute, it seems to me, is what is added by (a)(2)? Can a person "solicit another in a public place to engage with him in sexual conduct for hire" without violating (a)(1)? Why would we ever charge someone under (a)(2) when it only adds the element of having to prove the conduct was in public?

That question came up on these boards before. The general consensus was that (a)(2) doesn't add anything at all.