Sec. 43.05. COMPELLING PROSTITUTION. (a) A person commits an offense if the person knowingly:
(1) causes another by force, threat, coercion, or fraud to commit prostitution;
(2) causes by any means a child younger than 18 years to commit prostitution, regardless of whether the actor knows the age of the child at the time of the offense; or
(3) causes by any means a disabled individual, as defined by Section 22.021(b), to commit prostitution, regardless of whether the actor knows the individual is disabled at the time of the offense.
(b) An offense under this section is a felony of the first degree.
(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.
(d) For purposes of this section, "coercion" as defined by Section 1.07 includes:
(1) destroying, concealing, confiscating, or withholding from a person, or threatening to destroy, conceal, confiscate, or withhold from a person, the person's actual or purported:
(A) government records; or
(B) identifying information or documents;
(2) causing a person, without the person's consent, to become intoxicated, as defined by Section 49.01, to a degree that impairs the person's ability to appraise the nature of the person's conduct that constitutes prostitution or to resist engaging in that conduct; or
(3) withholding alcohol or a controlled substance to a degree that impairs the ability of a person with a chemical dependency, as defined by Section 462.001, Health and Safety Code, to appraise the nature of the person's conduct that constitutes prostitution or to resist engaging in that conduct.
(e) It is not a defense to prosecution under Subsection (a)(2) or (3) that the child or disabled individual:
(1) lacks the culpable mental state to engage in the act of prostitution; or
(2) did not complete the act of prostitution.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1002 (H.B. 4009), Sec. 9, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 1.03, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1273 (S.B. 825), Sec. 2, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 40, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 11, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 273 (S.B. 1802), Sec. 5, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 93 (S.B. 1527), Sec. 2.05, eff. September 1, 2023.
Acts 2025, 89th Leg., R.S., Ch. 602 (H.B. 2761), Sec. 3, eff. September 1, 2025.
Notes of Decisions
Cited in
54
cases (
14 in the last 5 years), 1984–2024 · leading case:
Hill v. State, 265 S.W.3d 539 (Tex. App. 2008).
Hill v. State, 265 S.W.3d 539 (Tex. App. 2008).
· cites it 3× “See Tex. Penal Code Ann. § 43.05 (a)(2) (Vernon 2003).”
Waggoner v. State, 897 S.W.2d 510 (Tex. App. 1995).
· cites it 3× “Tex.Penal Code Ann. § 43.05 (West I994). 1 We will affirm.”
Kojuan J Miles v. State, 468 S.W.3d 719 (Tex. App. 2015).
· cites it 2× “” See Tex. Penal Code Ann. § 43.05 (a); see also Waggoner v.”
Prudholm v. State, 333 S.W.3d 590 (Tex. Crim. App. 2011).
“42 We conclude that sexual battery does not contain elements that are substantially similar to the elements of aggravated kidnapping or sexual assault. We therefore affirm the judgment of the Court of Appeals and remand the case to the trial court for further punishment…”
McIntosh v. State, 52 S.W.3d 196 (Tex. Crim. App. 2001).
“” Tex. Penal Code § 43.05(a). In Count I of the indictment, the State charged that the appellant: [0]n or about the 1st day of July, 1993, up to and including on or about the 30th day of July, 1993, and anterior to the presentment of this indictment, in the County of El Paso and…”
Telia D. Casel v. State, 363 S.W.3d 660 (Tex. App. 2011).
“Offenses relating to the promotion of prostitution range from a Class A misdemeanor to a third-degree felony. See Tex. Penal Code Ann. §§ 43.03 (b), 43.”
Bobby Moreno v. State, 413 S.W.3d 119 (Tex. App. 2013).
“; Tex. Penal Code Ann. § 43.05 . Therefore, this issue is overruled.”
In re B.W, 274 S.W.3d 179 (Tex. App. 2008).
· cites it 6× “Appellant refers us to Texas Penal Code section 22.021, the offense of aggravated sexual assault, and Texas Penal Code section 43.”
In re B.W., 313 S.W.3d 818 (Tex. 2010).
· cites it 2× “Tex. Penal Code § 43.05(a)(2). It simply does not follow that heightened punishment for adults who exploit teenagers means that teenagers can never commit prostitution.”
Tubbs v. State, 670 S.W.2d 407 (Tex. App. 1984).
· cites it 3× “Appellant was indicted for the offense of compelling prostitution, pursuant to TEX. PENAL CODE ANN. § 43.05 (Vernon 1974), which states: § 43.”
Creekmore v. Attorney Gen. of Texas, 116 F. Supp. 2d 767 (E.D. Tex. 2000).
“Compelling prostitution, see Tex. Pen. Code Ann. § 43.05 (Vernon 1994); Sexual performance by a child, see id.”
In Re B.D.S.D., 289 S.W.3d 889 (Tex. App. 2009).
“See Tex. Penal Code Ann. § 43.05 ; In re B.W.”
— Tex. Penal Code § 43.05(a) — 3 cases
McIntosh v. State, 52 S.W.3d 196 (Tex. Crim. App. 2001).
“” Tex. Penal Code § 43.05(a). In Count I of the indictment, the State charged that the appellant: [0]n or about the 1st day of July, 1993, up to and including on or about the 30th day of July, 1993, and anterior to the presentment of this indictment, in the County of El Paso and…”
Waggoner v. State, 897 S.W.2d 510 (Tex. App. 1995).
“Tex.Penal Code Ann. § 43.05 (West I994). 1 We will affirm.”
— Tex. Penal Code § 43.05(a)(1) — 1 case
— Tex. Penal Code § 43.05(a)(2) — 21 cases
In re B.W., 313 S.W.3d 818 (Tex. 2010).
“Tex. Penal Code § 43.05(a)(2). It simply does not follow that heightened punishment for adults who exploit teenagers means that teenagers can never commit prostitution.”
Waggoner v. State, 897 S.W.2d 510 (Tex. App. 1995).
“Tex.Penal Code Ann. § 43.05 (West I994). 1 We will affirm.”
Tubbs v. State, 670 S.W.2d 407 (Tex. App. 1984).
“Appellant was indicted for the offense of compelling prostitution, pursuant to TEX. PENAL CODE ANN. § 43.05 (Vernon 1974), which states: § 43.”
— Tex. Penal Code § 43.05(b) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.