Sec. 43.03. PROMOTION OF PROSTITUTION. (a) A person commits an offense if, acting other than as a prostitute receiving compensation for personally rendered prostitution services, he or she knowingly:
(1) receives money or other property pursuant to an agreement to participate in the proceeds of prostitution; or
(2) solicits another to engage in sexual conduct with another person for compensation.
(b) An offense under this section is a felony of the third degree, except that the offense is:
(1) a felony of the second degree if the actor has been previously convicted of an offense under this section; or
(2) a felony of the first degree if the actor engages in conduct described by Subsection (a)(1) or (2) involving a person younger than 18 years of age, regardless of whether the actor knows the age of the person at the time of the offense.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 758, ch. 287, Sec. 1, eff. May 27, 1977; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1252 (H.B. 8), Sec. 16, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 38, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 9, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 273 (S.B. 1802), Sec. 3, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 461 (S.B. 1653), Sec. 1, eff. September 1, 2023.
Notes of Decisions
Cited in
21
cases (
9 in the last 5 years), 1982–2026 · leading case:
Austin v. State, 794 S.W.2d 408 (Tex. App. 1990).
Austin v. State, 794 S.W.2d 408 (Tex. App. 1990).
· cites it 2× “The conviction for aggravated promotion of prostitution under Tex.Pen.Code Ann. § 43.03 was reversed. The court did express serious doubts about the sufficiency of the evidence, although this was not the basis of the reversal.”
Telia D. Casel v. State, 363 S.W.3d 660 (Tex. App. 2011).
· cites it 2× “See Tex. Penal Code Ann. §§ 43.03 , 43.04 (Vernon 2011).”
Norman S. Schlang v. Jack Heard, 691 F.2d 796 (5th Cir. 1982).
“2 The offense with which Schlang was charged, promotion of prostitution, had as one of its elements that the offender “knowingly” received the proceeds of prostitution, Tex.Penal Code Ann. § 43.03 (Vernon 1974 & Supp.”
Lucario v. State, 658 S.W.2d 835 (Tex. App. 1983).
“See & Compare, Tex.Penal Code Ann. §§ 43.03(b), 46.06(e) and § 71.”
In re B.W., 313 S.W.3d 818 (Tex. 2010).
“Tex. Penal Code §§ 43.03, .05. 1 Similarly, sexual assault of a child under fourteen is considered “aggravated sexual assault” and is subject to the same consequences as the rape of an adult involving serious bodily injury or other aggravating circumstances.”
Wipff v. State, 720 S.W.2d 657 (Tex. App. 1986).
· cites it 2× “TEX.PENAL CODE ANN. § 43.03 (Vernon Supp.”
Brandon Lee Davis v. the State of Texas (Tex. App. 2024).
· cites it 5× “See Tex. Penal Code Ann. § 43.03 (a)(2). In three issues, Davis complains about the sufficiency of the evidence and ineffective assistance of counsel.”
Jane Doe AS v. Salesforce Inc (N.D. Tex. 2024).
· cites it 3× “” TEX. PENAL CODE § 43.03(a)(1). Here, there is no real dispute that Salesforce received money pursuant to an agreement with Backpage.”
Erik Jimenez v. State (Tex. App. 2019).
· cites it 2× “Compare Tex. Penal Code § 43.03, with id. § 43.04.”
TURLEY, ANDREW JAMES v. the State of Texas (Tex. Crim. App. 2024).
· cites it 2× “2 Tex. Penal Code Ann. § 43.03 (b)(2) (2015) (“[promotion of prostitution] is a felony of the second degree if the actor engages in conduct .”
In Re Bw, 313 S.W.3d 818 (Tex. 2010).
“TEX. PENAL CODE §§ 43.03, .05. [1] Similarly, sexual assault of a child under fourteen is considered "aggravated sexual assault" and is subject to the same consequences as the rape of an adult involving serious bodily injury or other aggravating circumstances.”
— Tex. Penal Code § 43.03(a) — 1 case
— Tex. Penal Code § 43.03(a)(1) — 1 case
Jane Doe AS v. Salesforce Inc (N.D. Tex. 2024).
“” TEX. PENAL CODE § 43.03(a)(1). Here, there is no real dispute that Salesforce received money pursuant to an agreement with Backpage.”
— Tex. Penal Code § 43.03(b) — 2 cases
Lucario v. State, 658 S.W.2d 835 (Tex. App. 1983).
“See & Compare, Tex.Penal Code Ann. §§ 43.03(b), 46.06(e) and § 71.”
— Tex. Penal Code § 43.03(b)(2) — 2 cases
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