Question

[guest032712]

In Texas, first time offense is class B misdemeanor, carries up to 180d and/or $2k. Question, any know punishment precedent this first offense carries? Also, is it a sex offender registerable offense?

[Hot to Trot Daphne]

What is the offense you speak of? BTW, EVERYONE who contributez to this site are good, law abiding citizens. We are just great fiction writers who feed upon each other for erotic inspiration.

[AustinBusinessTraveler]

Daphne,

No offense, but why not answer the question instead of using the "everyone who contributez to this site are good, law abiding citizens" line? There isn't a judge, jury, or officer in the world who would believe the "its all fantasy" line for a moment.

To address the question, from the DPS website:

Article 62.001(5) of the Code of Criminal Procedure defines "reportable conviction or adjudication" as follows:

Article 62.001. Definitions

(5) "Reportable conviction or adjudication" means a conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication that, regardless of the pendency of an appeal, is a conviction for or an adjudication for or based on:

(A) a violation of Section 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct), Penal Code;

(B) a violation of Section 43.05 (Compelling prostitution), 43.25 (Sexual performance by a child), or 43.26 (Possession or promotion of child pornography), Penal Code;

(C) a violation of Section 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant committed the offense with intent to violate or abuse the victim sexually;

(D) a violation of Section 30.02 (Burglary), Penal Code, if the offense or conduct is punishable under Subsection (d) of that section and the actor committed the offense or engaged in the conduct with intent to commit a felony listed in Paragraph (A) or (C);

(E) a violation of Section 20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), Penal Code, if, as applicable:

(i) the judgment in the case contains an affirmative finding under Article 42.015; or

(ii) the order in the hearing or the papers in the case contain an affirmative finding that the victim or intended victim was younger than 17 years of age.

(F) the second violation of Section 21.08 (Indecent exposure), Penal Code, but not if the second violation results in a deferred adjudication;

(G) an attempt, conspiracy, or solicitation, as defined by Chapter 15, Penal Code, to commit an offense or engage in conduct listed in Paragraph (A), (B), (C), (D), or (E);

(H) a violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of an offense listed under Paragraph (A), (B), (C), (D), (E), (G), but not if the violation results in a deferred adjudication;

(I) the second violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of the offense of indecent exposure, but not if the second violation results in a deferred adjudication.

The most recent offense added to the list of registerable offenses is Section 33.021 (Online solicitation of a minor), Penal Code. A conviction, deferred adjudication or adjudication of delinquent conduct for this offense requires registration. Further, a conviction under the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of Online Solicitation of a Minor will require registration.

It would appear that if the charge was prostitution (there is no solicitation charge in Texas), and not "compelling prostitution, it would not be a registered offense.

[Hot to Trot Daphne]

Just saying... can't speak for you, but everything I post here is a figment of my overactive imagination. Love you, abt! Thanks for the info.

[AustinBusinessTraveler]

Sure it is. Why doesn't everyone stop with the whole fantasy thing... it's such a joke of any type of protection.

[Bad-Barbie]

Wow. That turned ugly really fast... I'm outta here.

[Dasani]

I'm still alittle confused...
So I need more, from the original poster.

[AustinBusinessTraveler]

It isn't meant as an ugly comment, its just a statement. In every thread ever legal question ever posted, someone inevitably jumps in with the whole "this is fantasy" thing. Yeah, yeah, we all get it... you want to pretend its all make believe.

I can sum up that argument. At no point would any Law Enforcement agency consider bringing charges against what is posted on a forum. That said, they will use it to corroborate other evidence. That means there is no point to pretending it's fantasy. You'd be better off either not reviewing or being FAR less specific in reviews (i.e. using the month rather than a specific date for when the meeting happened and being extremely vague on where the meeting took place).

It's not an ugly comment and if it is taken that way, I apologize. I simply would rather have meaningful conversations than the constant chirping of complete myths. If this is an exchange of information, it should be an exchange that allows for people to dispel myths and get past the use of bad ideas.

[ShysterJon]

Originally Posted by alex_0591

In Texas, first time offense is class B misdemeanor, carries up to 180d and/or $2k. Question, any know punishment precedent this first offense carries? Also, is it a sex offender registerable offense?

Please correct me if I'm wrong, but I think you're asking whether there is a standard, commonly-imposed punishment for a person convicted of first-offense prostitution, and whether the person must register as a sex offender. The answer to both questions is "no." You are correct that the maximum punishment in Texas for a Class B misdemeanor such as first-offense prostitution is 180 days in county jail and a $2,000 fine. What sentence a person actually receives depends on many factors, such as whether they plead guilty or are convicted after a trial, the strength of the State's case, local morals, whether the defendant has a lawyer, the prior criminal history (if any) of the defendant, the defendant's attitude, the policies of the district attorney's office in the county, etc. To get more precise advice, contact a lawyer where you plant your seed, so to speak.

[Dasani]

Still blank... so I'll, sit this conversation out.

[TexTushHog]

Originally Posted by Nina A. Ross

Still blank... so I'll, sit this conversation out.

Somebody go see if there's a star rising in the East!! A first time for everything, I guess.

[Guest042413]

Originally Posted by AustinBusinessTraveler

Sure it is. Why doesn't everyone stop with the whole fantasy thing... it's such a joke of any type of protection.

Yeah I Agree Its Up There With That 100 Roses Or 100 Kisses Come On Like They Dont Know What Tha Hell You Mean!! When You Go See Them You Bring Them Money Anyways So Whats The Whole Hoot ABout Saying That Shit. Also About The Disclaimer You All Put AT The Bottom Of Yall Ad The Jury Will Laugh In Your Face!!!

[Randall Creed]

Huh? Really?

You mean you all are actually combining and $$$$$?

Me? I'm just a mere amateur fiction writer.

[AustinBusinessTraveler]

No, there should be no discussion whatsoever. The rates are posted on the website or handled ahead of time. In person, there should be no reason to bring it up in any way shape or form.