If Prostitution Is The Agreement To Have Sex For Money, Then Isn’t It A Crime When They Do A Prostitution Sting?
One way the police can conduct a prostitution sting in Travis County involves dressing up a typically pretty female officer as a prostitute and having her stand on the side of the road in a known prostitution area and attempt to solicit passersby in cars or people who are walking by. Under such circumstances, the officer would be attempting to get people to make offers of sex that they would accept in exchange for money, or be making those offers themselves in the hopes that someone would accept. In either event, it’s an agreement that requires the participation of two parties. If one of those parties is a law enforcement officer, then they are committing the offense of prostitution. However, I have never seen a law enforcement officer charged with prostitution as the result of being involved with a prostitution sting, and I believe this is because officers think that they have the right to violate the law in order to execute stings.
There are certain provisions under the Health and Safety Code that allow officers to possess drugs in the course of conducting a sting in a drug context, but there are no such exemptions for officers who are committing an offense of prostitution when they are conducting a sting. This doesn’t stop them from doing a sting or arresting you after you have already spoken with the undercover agent and made an agreement for prostitution. There is a provision in the Texas Code for Criminal Procedures, Section 3823, which states that if law enforcement gets evidence in violation of the US Constitution or the laws of Texas, then that evidence cannot be used at trial. I believe that the violation of the prostitution statute would constitute a sufficient basis to have evidence thrown out. We haven’t had an opportunity to test this in court yet, but we are looking for such an opportunity, so if your case fits that bill, then we encourage you to contact us for a free consultation.
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