The Legal Gray Area: Gifts, Support, and Prostitution Charges

 Posted on August 06, 2025 in Criminal Defense

In the state of Texas, prostitution laws (Texas Penal Code Title 9, Section 43.02) target more than street-based transactions that offer sex for money. In some cases, "non-traditional" relationships where one person provides financial support, housing, or expensive gifts in exchange for ongoing intimacy can come under legal scrutiny. These arrangements are often known as being "kept," or having a "sugar daddy" (or sugar mama).

This type of arrangement can blur the legal lines between the crime of prostitution and a consensual adult arrangement. If you find yourself being charged with prostitution for having a less-than-traditional arrangement, you must speak to a highly experienced Plano, TX criminal defense lawyer. The fallout from a prostitution conviction can be significant, both immediately and for the foreseeable future.

What Constitutes Prostitution in Texas?

A person commits the criminal offense of prostitution if he or she knowingly offers or agrees to receive a fee from another person to engage in some type of sexual conduct. A person commits an offense if the person knowingly offers or agrees to receive something of value from another person to engage in sexual conduct.

While the "something valuable" is usually considered to be money (and the statute specifically says "fee"), there are many things of value that can be traded for sex. Renting an apartment for another person, paying for a home or utilities, buying expensive clothing, and paying for school can all be considered trading something of value in return for sex.   

Distinguishing Between a "Kept" Relationship and Prostitution

A "kept" relationship generally has no formal contract, but it is usually a financially dependent relationship where one party trades gifts and financial support for companionship – and usually, sex. In Texas, the key difference between a "kept" relationship and prostitution lies in the explicit or implied exchange of money or something of value for sexual services required for prostitution charges. Providing gifts or financial support to a dating partner is not, in and of itself, illegal.

The lines can become blurry when the relationship involves an explicit or implicit understanding that sexual favors will be exchanged for gifts or financial support. Under the law, if the relationship is based on non-sexual exchanges, like mentorship or companionship, and there is no direct or implied agreement that financial support hinges on sexual activity, the relationship would not likely fall under prostitution. The intent of the parties and how the arrangement is communicated is extremely important.  

What Are the Penalties for Prostitution in Texas?

The penalties in Texas for prostitution can range from a Class B misdemeanor to a state jail felony. A first offense for prostitution is usually charged as a Class B misdemeanor, punishable by a fine of up to $2,000 and up to 180 days in jail. A second conviction for prostitution is a Class A misdemeanor, punishable by a fine of up to $4,000 and up to one year in jail. A third or subsequent conviction for prostitution can be charged as a state jail felony with the possibility of up to two years in jail.

Potential Defenses for the Crime of Prostitution

A case involving a "kept" individual who provides sex in return for money or other financial considerations is very fact-specific, and intent is a primary component of the offense. Every situation is different, but some of the most common defenses for the crime of prostitution include:

• Lack of intent
• Lack of solid evidence in the form of digital communications and/or financial records
• Lack of quid pro quo
• Lack of an explicit agreement

Contact a Collin County, TX Criminal Defense Lawyer

If you are in a financially supportive relationship that raises legal concerns, be aware that what feels like a private arrangement may be interpreted differently by law enforcement. Whether you are under investigation or want to ensure you are protected, speaking with a Plano, TX criminal defense attorney from The Crowder Law Firm, P.C. can make a difference. Attorney Crowder is knowledgeable and aggressive and has extensive experience defending sex crimes and federal crimes. Call 214-544-0061 to schedule your free consultation.