What Are the Defenses to Sex Trafficking Charges in Texas?

 Posted on September 20, 2026 in Sex Crimes

Defenses in sex trafficking cases focus on what the state has to prove. Texas must show you acted knowingly, and in adult cases, that force, fraud, or coercion was used. That leaves room to fight back in several ways.

Houston sees a high volume of these investigations, and charges often follow long operations built on phone data and cooperating witnesses. That means the evidence file deserves close review before anyone assumes the state's version is solid. If you have been charged or think you are under investigation in 2026, our Houston criminal defense lawyers can help you build a defense.

What Must Prosecutors Prove in a Texas Sex Trafficking Case?

Under Texas Penal Code § 20A.02, the state has to prove you acted knowingly. That would mean you were aware of what you were doing and what it involved. Being present, renting a room, giving someone a ride, or sharing a household is not enough on its own.

For adult sex trafficking under § 20A.02(a)(3), prosecutors must prove that force, fraud, or coercion was used to cause the person to engage in the conduct listed in the statute. Texas defines coercion broadly. It includes taking or withholding someone's ID or government documents, getting a person intoxicated without their consent so they cannot resist, or withholding drugs or alcohol from someone with a chemical dependency. The state still has to show one of these actually happened, and that is often where a case is weakest.

What Defenses Are Used Against Sex Trafficking Charges in Texas?

The right defense depends on what the investigation produced and where your alleged role sits. Below are the approaches that come up most often.

Lack of Knowledge

Lacking knowledge is the most common defense because it attacks the element the state must prove first. People end up charged because of who they live with, who they drive, whose rent they pay, or whose phone number is in a contact list. If you did not know what was happening, you did not commit the offense, no matter how the situation looks from the outside.

No Force, Fraud, or Coercion

For charges that require proof of force, fraud, or coercion, evidence that an adult made their own choices, kept their own money and documents, and came and went freely can undermine the state's case. Phone records, bank activity, and travel history may also be used to challenge testimony about how the alleged trafficking occurred.

Mistaken Identity or Peripheral Involvement

Investigations built on group activity often sweep in people whose actual role was small or nonexistent. Nicknames get attached to the wrong person. Surveillance photos are misread. A defense here focuses on what specifically ties you to the alleged conduct, rather than to the people around it.

Unlawful Search or Seizure

Nearly every case of this type depends on digital evidence pulled from phones, laptops, cars, hotel rooms, or homes. If the warrant was based on a thin tip, described the wrong place or device, or officers went beyond what a judge authorized, a motion to suppress can remove the foundation of the case.

No Benefit

Some parts of § 20A.02 require the state to show that you received a benefit from participating in a trafficking venture. When the charge depends on receiving a benefit, evidence about what you actually received and why can be important to the defense.

Entrapment

Sting operations generate a large share of these arrests. There is a line between allowing someone to commit a crime and using persuasion or other means likely to cause a person to commit the offense. Recorded communications usually show which side of that line officers stayed on.

What Arguments Will Not Work as a Defense in Texas?

Under § 20A.02, when the alleged victim is a child or a disabled individual, it does not matter whether you knew the person's age or disability. That is written directly into the statute. Believing someone was an adult, even sincerely and for good reason, does not change the charge.

It is also not a defense that a trafficked child lacked the mental state to commit prostitution, or that the act was never completed. Consent by a minor is not a defense either. Building a case around any of these usually costs credibility that could have gone toward a stronger argument.

Contact Our Houston Sex Trafficking Defense Attorneys Today

At Murphy & McKinney Law Firm, P.C., we’ve built an excellent reputation and are respected by peers who practice in the same courts. We’ll use our experience to examine what the state can actually prove so that we can help you build a strong defense strategy.

Call Murphy & McKinney Law Firm, P.C. at 713-229-8333 to schedule a consultation with our Houston criminal defense lawyers.