How Do I Get a Solicitation Charge Dismissed in Texas?

 Posted on July 02, 2026 in Sex Crimes

Getting a solicitation charge dismissed in Texas is possible, but it takes a strong defense built on the specific facts of your case. These charges carry severe consequences, including jail time, fines, and in some cases, sex offender registration. But keep in mind that you will have the chance to defend yourself. At Murphy & McKinney Law Firm, P.C., we can help you fight for a dismissal or a reduction in charges. If you are facing a solicitation charge in 2026, our Houston criminal defense lawyers look at every detail of your case to build the strongest possible defense strategy.

What Is Solicitation of Prostitution Under Texas Law?

Solicitation of prostitution is defined under Texas Penal Code Section 43.021. A person commits this offense by knowingly offering or agreeing to pay another person for sexual conduct. The offense can be charged even if no money changes hands and no sexual conduct actually occurs.

A first offense is a state jail felony, carrying 180 days to two years in a state jail and a fine of up to $10,000. A second offense is a third-degree felony with two to ten years in prison. If the person solicited was younger than 18, or was represented to be younger than 18, the offense is generally charged as a second-degree felony, punishable by two to 20 years in prison.

A felony record can affect your job, your housing, your professional licenses, and your personal life for years to come.

Can You Be Charged With Solicitation Based on a Sting Operation in Texas?

Sting operations are one of the most common ways these charges happen. Officers pose as sex workers online or in person and wait for someone to make an offer. Once an offer is made, an arrest follows.

While law enforcement is allowed to run these operations, there are legal limits on how far they can go. If officers crossed the line into entrapment, that is a defense your attorney can raise.

What Is the Entrapment Defense in a Texas Solicitation Case?

Entrapment applies when law enforcement pushes someone into committing a crime they would not have committed on their own. Under Texas Penal Code Section 8.06, entrapment is a valid defense if you were persuaded by an officer using methods that created a real risk that someone who would not normally commit the offense would end up doing so.

The key question is whether the pressure came from law enforcement or from you. If an officer simply gave you the opportunity and you took it, entrapment probably does not apply. But if an officer repeatedly pressured you or used persuasion to push you into making an offer, entrapment may be a strong defense.

What Other Defenses Can Get a Solicitation Charge Dismissed in Texas?

Several other defenses may apply depending on what happened in your case.

Lack of Intent or Agreement

The state has to prove you knowingly offered or agreed to pay for sexual conduct. If the communication was unclear or could be read in a way that does not amount to a criminal offer, the intent element may not be met. Your attorney will look closely at exactly what was said or written and challenge whether it legally qualifies as solicitation.

Illegal Search or Seizure

If law enforcement searched your phone, car, or home without a valid warrant or a recognized legal exception, your attorney can file a motion to suppress that evidence. If key evidence is thrown out, the prosecution may not have enough left to keep the case going.

Mistaken Identity

In cases involving online communications, the wrong person is sometimes charged. If law enforcement identified the wrong individual, your attorney can challenge that identification and show you were not the person involved.

What Options Are Available for First-Time Offenders in Texas?

If this is your first offense, your attorney may be able to negotiate a plea to a lesser charge or pursue deferred adjudication. Under Texas Code of Criminal Procedure Article 42A.101, deferred adjudication allows a judge to place you on probation without entering a formal finding of guilt. If you complete probation successfully, you avoid a conviction on your record. Whether this is available depends on the specific charge and how the prosecutor approaches your case.

Contact Our Houston Solicitation Charge Defense Attorneys Today

Attorney Doug Murphy serves as President of the Harris County Criminal Lawyers Association, a reflection of the respect he has earned among his peers in the Houston legal community. For help with your case, schedule a consultation with the Houston criminal defense lawyers at Murphy & McKinney Law Firm, P.C. by calling 713-229-8333 today.