Yes, if you are convicted of solicitation of prostitution in TX, you could lose your immigration status. 

In Texas, solicitation of prostitution is a jail felony. An American citizen could face up to two years in prison and a large fine if convicted. For immigrants, a conviction of such a crime could have more serious consequences. They may lose their status and face deportation.

If they arrest you for solicitation of prostitution, you need to speak with an experienced criminal defense attorney. Without proper legal assistance, you may have to pay for the crime and lose your immigration status, even if you are on your way to becoming a citizen.  

What Is Solicitation of Prostitution in TX?

According to the Texas Penal Code Section 43.02, a person commits the offense of solicitation of prostitution if they knowingly offer or agree to pay a fee to another person in exchange for sexual conduct.  Or if they solicit another person in a public place for sexual conduct in exchange for a fee.

It’s also solicitation of prostitution if a person knowingly offers or agrees to receive a fee for arranging a meeting between people for sexual conduct.

Crimes That May Cause You to Lose Immigration Status

In the United States, you may become deportable if you commit certain crimes listed in section 237 of the Immigration and Nationality Act. Solicitation of prostitution is one of them.

There are two situations, in which the crime or moral turpitude, which is what solicitation of prostitution is, may cause you to lose your immigration status:

• You commit the crime during the first five years after you enter the United States
• You commit two or more unconnected crimes of moral turpitude at any time after you enter the United States

The time you entered the United States is the date when they admit you legally from the border. If more than five years have passed since then, you may not be deported after being convicted of the solicitation of prostitution for the first time.

You need to understand that the clock starts running from the time you entered the country, not the time you received your status. For example, if you came to the country in 2018 as a tourist, received your green card in 2019, and were convicted in 2024, you may not be deportable since more than five years have passed since 2018.

However, if you came to the country in 2018, committed one crime of turpitude in 2024, and then another one year later, they may still deport you.  

Who Can Get Deported After Being Convicted of Solicitation of Prostitution

They may still deport you after getting a conviction in a solicitation of prostitution case if you are:

• A legal permanent citizen
• A refugee or asylee
• A non-citizen with temporary legal status
• Non-citizen without a legal status

In some cases, you may be able to avoid deportation. However, a conviction can affect your ability to receive U.S. citizenship in the future.

What to Do if You’ve Been Charged With Solicitation of Prostitution in TX

If they arrest you for solicitation of prostitution, it doesn’t automatically mean that you will lose your status. It can happen only if you are convicted of the crime. That’s why as soon as they arrest you, you need to speak to a criminal defense attorney.

An attorney can help you get the justice you deserve and prevent unfair legal decisions that could affect your status. A legal team will work with you from day one, conducting an independent investigation, gathering evidence, and building a strong defense.

If you want to have an opportunity to avoid a conviction, you need someone who can help you prove your innocence. Doing it without an attorney is nearly impossible, especially if you don’t know all the nuances of Texas prostitution laws.

Defenses in a Solicitation of Prostitution Case

When you are charged with solicitation of prostitution in Texas, it may seem that all odds are against you. However, a skilled criminal defense team can help you avoid a conviction. Some of the common defenses that can help you get the justice you deserve include:

• Police Entrapment: Demonstrating that law enforcement officers coerced you into committing the crime of solicitation of prostitution. It involves proving that the police engaged in conduct that would cause a reasonable person to commit the offense, even if they were not predisposed to do so.
• Engagement in Conduct against Your Will: Suggesting that you were compelled to engage in the act of solicitation of prostitution against your will. This could include situations where you were threatened, coerced, or manipulated into committing the offense.
• Insufficient Evidence: Arguing that the prosecution lacks enough evidence to prove beyond a reasonable doubt that you committed the crime.
• Lack of Intent: Proving that you didn’t have the requisite intent to commit the crime of solicitation of prostitution. For example, this could involve demonstrating that you were unaware of the nature of the transaction or that you didn’t have the intention to engage in illegal activity.
• Mistaken Identity: Claiming that you were misidentified as the individual who committed the crime of solicitation of prostitution. It could involve providing an alibi.

The defense your attorney chooses depends on the situation. They may use a combination of these defenses or come up with a new option. It’s up to you to collaborate with the legal team as closely as possible to help them defend your rights.

Speak to an Experienced Criminal Defense Lawyer Today

If you are convicted of solicitation of prostitution, it can affect your immigration status. You may face deportation or encounter issues with getting U.S. citizenship. To have a chance of avoiding the negative consequences of a conviction, you need to work with a criminal defense attorney.

Kent Starr and his legal team will work hard to protect your rights and help you avoid a wrongful conviction. To schedule a free consultation, please contact us at any time.