Houston Escort Defense Attorney
Defense for Criminal Charges Involving Escorts, Dancers, Strippers & Massage Therapists
In the state of Texas, engaging in or soliciting sexual conduct for a fee is illegal (Texas Penal Code 43.02). This charge can range in severity from a Class A misdemeanor to a felony of the second degree. The city of Houston also has its own municipal codes governing the conduct of “sexually oriented businesses.” If you were criminally charged for prostitution in connection to an escort service, strip club, or massage parlor, or you are facing a sexually oriented business violation, you are entitled to a defense and a fair trial.
The Law Offices of Jed Silverman provides experienced sex crime defense representation to sexually oriented business owners, strippers, exotic dancers, escorts and massage therapists, as well as patrons of those establishments We work hard to protect your rights from overzealous police officers and prosecutors. For a free consultation with a Houston sex crime attorney, please call our offices today.
Because “stings” are common in industries such as escort services, strip clubs, and even massage parlors, entrapment is a commonly used defense against prostitution, solicitation, and related charges.
According to the Department of Justice,
Entrapment is a complete defense to a criminal charge, on the theory that "Government agents may not originate a criminal design, implant in an innocent person's mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute." Jacobson v. United States, 503 U.S. 540, 548 (1992). A valid entrapment defense has two related elements: (1) government inducement of the crime, and (2) the defendant's lack of predisposition to engage in the criminal conduct. Mathews v. United States, 485 U.S. 58, 63 (1988). Of the two elements, predisposition is by far the more important.
Houston’s Sexually Oriented Business Law: Chapter 28, Article VIII
Entertainers, dancers and strippers and other individuals who own or work in a sexually oriented business are required to abide by Houston Municipal Codes Chapter 28, Article VIII. Any violation or perceived violation of these rules may result in an arrest.
According to Sec. 28-258. - Conduct of employees:
- Three-foot rule violations: It is a violation of Houston’s municipal code for any entertainer to approach closer than three feet to any customer while engaging in entertainment, while engaging in a sexual activity, or exposing a “specified anatomical area.”
- Touching a customer: It is against the law for an entertainer to touch the clothing of a customer while engaging in a sexual activity, or exposing a “specified anatomical area.”
- Separate areas: It is unlawful for an employee to engage in a sexual activity, engage in entertainment, or to expose a “specified anatomical area” in a location where the entry is blocked or obscured by a door, curtain, or other barrier that separates the space from the rest of the establishment.
According to Sec. 243.010(b) of the Local Government Code, an offense under this subsection is a Class A misdemeanor. Permits that allow sexually oriented businesses to lawfully operate may also be revoked or suspended for violations.