Section 43.02 - Prostitution(a) A person commits an offense if the person knowingly offers or agrees to receive a fee from another to engage in sexual conduct.(b-1) Repealed by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 44(2), eff. September 1, 2017.(c) An offense under Subsection (a) is a Class B misdemeanor, except that the offense is: (1) a Class A misdemeanor if the actor has previously been convicted one or two times of an offense under Subsection (a); or(2) a state jail felony if the actor has previously been convicted three or more times of an offense under Subsection (a).(c-2) [Transferred by 2023 amendment] (d) It is a defense to prosecution for an offense under Subsection (a) that the actor engaged in the conduct that constitutes the offense because the actor was the victim of conduct that constitutes an offense under Section 20A.02 or 43.05.(e) A conviction may be used for purposes of enhancement under this section or enhancement under Subchapter D, Chapter 12, but not under both this section and Subchapter D, Chapter 12. For purposes of enhancement of penalties under this section or Subchapter D, Chapter 12, a defendant is previously convicted of an offense under this section if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision.Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 768,Sec. 17.003, eff. 9/1/2023.Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 93,Sec. 2.04, eff. 9/1/2023, app. only to an offense committed on or after the effective date of this Act; an offense was committed before the effective date of this Act if any element of the offense occurred before that date.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 1049,Sec. 9, eff. 9/1/2021.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 807,Sec. 61, eff. 9/1/2021.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 807,Sec. 29, eff. 9/1/2021.Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 413,Sec. 2.05, eff. 9/1/2019.Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 1038,Sec. 8, eff. 9/1/2017.Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 685,Sec. 44, eff. 9/1/2017.Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 685,Sec. 37, eff. 9/1/2017.Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 685,Sec. 36, eff. 9/1/2017.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1273,Sec. 1, eff. 9/1/2015.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 332,Sec. 14, eff. 9/1/2015.Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 1252,Sec. 15, eff. 9/1/2013.Amended By Acts 2011, 82nd Leg., R.S., Ch. 515, Sec. 4.02, eff. 9/1/2011.Amended By Acts 2009, 81st Leg., R.S., Ch. 1002, Sec. 8, eff. 9/1/2009.Amended By Acts 2001, 77th Leg., ch. 987, Sec. 1, eff. 9/1/2001.Amended By Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. 9/1/1994Amended by Acts 1977, 65th Leg., p. 757, ch. 286, Sec. 1, eff. 5/27/1977 Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. 1/1/1974.