Texas Penal Code 43.05 – Compelling Prostitution
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(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 § 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.
Terms Used In Texas Penal Code 43.05
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
- Another: means a person other than the actor. See Texas Penal Code 1.07
- Coercion: means a threat, however communicated:
(A) to commit an offense;
(B) to inflict bodily injury in the future on the person threatened or another;
(C) to accuse a person of any offense;
(D) to expose a person to hatred, contempt, or ridicule;
(E) to harm the credit or business repute of any person; or
(F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action. See Texas Penal Code 1.07 - Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Consent: means assent in fact, whether express or apparent. See Texas Penal Code 1.07
- Controlled substance: has the meaning assigned by § 481. See Texas Penal Code 1.07
- Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Fraud: Intentional deception resulting in injury to another.
- Government: means :
(A) the state;
(B) a county, municipality, or political subdivision of the state; or
(C) any branch or agency of the state, a county, municipality, or political subdivision. See Texas Penal Code 1.07 - Individual: means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. See Texas Penal Code 1.07
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
(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 § 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 § 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 § 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.