In Texas, the law treats the purchase of sex as a criminal act because:

1. It drives demand for trafficking.
The majority of those trafficked for sex are exploited to meet buyer demand. Making solicitation a felony aims to curb that demand.

2. It exploits vulnerability.
Many who are sold in prostitution are victims of abuse, coercion, addiction, or poverty. Criminalizing buyers helps shift accountability away from victims and toward those funding the system.

3. It’s a public safety and moral issue.
Lawmakers consider commercial sex inherently tied to organized crime, drugs, and violence. Enforcement is intended to reduce related criminal activity and protect communities.

4. It aligns with anti-trafficking policy.
Texas became the first state to elevate buying sex to a felony under House Bill 1540, effective September 1, 2021, amending Texas Penal Code §43.021. Texas Penal Code - PENAL § 43.021 | FindLaw

What is soliciting prostitution?

In Texas, solicitation of prostitution means knowingly offering or agreeing to pay for sexual conduct. Money does not have to change hands. An arrest can be made based on intent alone.

Examples of evidence used to show intent include:

1. Having a sex worker enter your car

2. Driving to a prearranged location where paid sex is expected

3. Withdrawing cash from an ATM immediately before the meet

4. Stating or agreeing to exchange sex for money