TX HB1540 (Increasing Prohibited Sex Work Penalties From Misdemeanors To Felonies)

[SecretE]

https://capitol.texas.gov/tlodocs/87...l/HB01540F.HTM

This bill was just signed into law by Governor Abbott in Texas. Any thoughts from the legal eagles? Wonder if this could also affect other parts of "sex work" like exotic dancing and adult content production like OnlyFans.

[ShysterJon]

I'll try my best to write on this topic this week. I'm a little busy right now.

[SecretE]

Originally Posted by ShysterJon

I'll try my best to write on this topic this week. I'm a little busy right now.

Looking forward to hearing your thoughts on this, Jon.

[Curved65]

Can they go after you for meet ups before September 1st?

[SecretE]

Originally Posted by Curved65

Can they go after you for meet ups before September 1st?

That would be a great question for someone like ShysterJon. Right now, I have assume, no, but I'm just a layman.

[pmdelites]

Originally Posted by Curved65

Can they go after you for meet ups before September 1st?

they can go after you for solicitation or any crime at any time, under current laws.
but, if the new level of charge doesnt go into effect until sep 1 and you get arrested before then, then, no, they cannot charge you under the new law, only under the current law.

years ago, DWI 1st offense was a misdemeanor. the tx lege passed & gov signed a bill raising it to maybe a low level felony. bill went into effect sep 1 of that year. LOTS of people went to court and pleady guilty to avoid the harsher charge & sentencing, not realizing that it didnt apply to them cos they were charged BEFORE new law went into effect. i waited on my case and got it dropped completely cos of no priors.

[CryptKicker]

First two DWIs in Texas are normally a class B misdemeanor unless the BAC is over .15 or other circumstances are involved like an accident, kid in the car, etc. Then it can be a low level felony with other charges included. A third DWI is almost always charged as a felony.

[SecretE]

I'm also assuming that engaging in "sex work" outside of the state of TX, even though you are a resident of TX, doesn't qualify as a potential crime that could be prosecuted under this law (think only Federal law might apply, if the participants were crossing state lines explicitly for the "sex work"). Like to hear some legal eagles talk about that as well.

[SecretE]

Originally Posted by CryptKicker

First two DWIs in Texas are normally a class B misdemeanor unless the BAC is over .15 or other circumstances are involved like an accident, kid in the car, etc. Then it can be a low level felony with other charges included. A third DWI is almost always charged as a felony.

I hate to say it, but I think there is a greater acceptance of drunk driving (a crime where innocent people can get hurt) vs. "sex work" (usually a victimless "crime"). Going to be way too easy for some DA's to get brownie points with their constituents (a.k.a. voters) by either prosecuting these full-hilt, or getting these poor guys to take a "john" class and pay an exorbitant fee to avoid jail.

[sinbadd]

Originally Posted by SecretE

I'm also assuming that engaging in "sex work" outside of the state of TX, even though you are a resident of TX, doesn't qualify as a potential crime that could be prosecuted under this law (think only Federal law might apply, if the participants were crossing state lines explicitly for the "sex work"). Like to hear some legal eagles talk about that as well.

not a TX lawyer, but usually for a given state to assert jurisdiction over an alleged offense, the alleged offense must have either "commenced" or been "consummated" within that state.

[playerplano]

I’m eagerly awaiting Shysters thoughts on the new law. I’m thinking a lot of his prior advice about STFU and the major no no’s centered around don’t exchange explicit communications will still apply. The unknowns about if a review or PMs sharing information will be used to make cases and things like gifts or SBs will be interesting.

[TinMan]

I wonder if this section of the law changes anything about how SJ views the risk to guys who provide content (including reviews) on sites like this:

SECTION 55. Section 43.031(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person owns, manages,
or operates an interactive computer service or information content
provider, or operates as an information content provider, with the
intent to promote the prostitution of another person or facilitate
another person to engage in prostitution or solicitation of
prostitution.

The bold represents the part that causes me to ask the question. The underlined was added to the already existing statute.

[JRLawrence]

Originally Posted by Curved65

Can they go after you for meet ups before September 1st?

Ex Post Facto

Definition

Latin for "from a thing done afterward."

Overview

Ex post facto is most typically used to refer to a criminal statute that punishes actions retroactively, thereby criminalizing conduct that was legal when originally performed. Two clauses in the United States Constitution prohibit ex post facto laws:

Art 1, § 9

This prohibits Congress from passing any laws which apply ex post facto.

Art. 1 § 10.

This prohibits the states from passing any laws which apply ex post facto.

Scope

What Constitutes Punishment
In the often-cited case of Beazell v. Ohio, 269 U.S. 167 (1925), the Supreme Court defined the scope of the constitutional ex post facto restrictions:

"It is settled, by decisions of this Court so well known that their citation may be dispensed with, that any statute which punishes as a crime an act previously committed, which was innocent when done, which makes more burdensome the punishment for a crime, after its commission, or which deprives one charged with crime of any defense available according to law at the time when the act was committed, is prohibited as ex post facto."

[soldierboy44]

Well guys........guess we just need to start making plans to move to Australia or New Zealand where sex work is legal. I am thinking 2 months in New Zealand, 5 months in Australia, then 5 months in Canada during North American Summers..........maybe fly into Vegas for a week and visit the brothels before headed to Canada!!


Sounds like a fantastic idea to me..........note I am Divorced and never remarried.........I am as free as free can be.......as soon as I can throw off the dam chains from the prison sweatshop I work in these days.

[rexdutchman]

Yea the ""War on sex "" continues People not gonna stop just me