Getting caught up in a sting operation is a scary thing. Undercover police officers often use deceptive tactics and encourage people to incriminate themselves for actions that are less-than-premeditated and often mistakes.
It may be a bit unsavory, but knowing how to avoid situations that could spell trouble includes knowing how to know if a prostitute is a cop, and we’re here today to tell you how.
Continue reading about the Texas prostitution laws and find out everything you need to know about undercover cops posing as escorts, or call Thiessen Law Firm at (713) 864-9000 today to enlist winning criminal defense.
What are the prostitution laws in Texas?
Is prostitution legal in Texas? NO. Prostitution has been illegal in Texas for over a century since the Mann Act passed in 1910 — and views on the matter have not grown more progressive; in fact, penalties for prostitution crimes have only become more severe over time.
While sex work is a subject on which national governments are becoming a bit more forgiving (much like the laws on gambling in Texas and nationwide), this is not the case in the Lone Star State, where new prostitution laws were passed in 2021. These sweeping changes made Texas the first state to make solicitation of prostitution a felony.
What does solicitation mean?
What is solicitation of prostitution? According to Texas Penal Code § 43, which is where the prostitution laws in Texas reside, a person commits a solicitation offense if they “knowingly offer or agree to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another.”
Before Texas’ new prostitution laws passed, solicitation was just a Class B misdemeanor! Now that the state is cracking down on prostitution — and, therefore, sex trafficking, the hope is — a first-time solicitation offense is a state jail felony. It’s as important as ever to be able to recognize when a law enforcement officer might be posing as an escort, especially because escort services are technically legal in Texas.
Many Texans now may find their futures hanging in the balance for misunderstandings or for committing acts that they thought were perfectly legal! This is why you need to arm yourself with two things: knowledge and a skilled prostitution lawyer in Houston who can defend your rights in a court of law.
Continue reading: What does a background check show?
Do undercover cops pose as prostitutes?
Yes, undercover police officers in Texas often pose as escorts in Texas sting operations designed to catch people attempting to solicit sex. Undercover officers might position themselves in places with a high volume of sex work activity or approach those suspected of soliciting prostitution.
The primary goal of these undercover operations is to catch people in the act of offering money in exchange for sex acts. The officer will usually start the interaction and attempt to get the suspect to explicitly offer money for sex. Once an explicit offer is made, the officer signals other law enforcement agents to come in for the arrest.
Another thing to note is that the old saying that a police officer has to tell you if they are a cop is untrue. The police can essentially do whatever they want, and this includes lying to you and telling you that they aren’t cops.
Do cops pretend to be prostitutes online?
Yes, law enforcement officers frequently pose as prostitutes online as part of sting operations. Many prostitution and trafficking enterprises have migrated online, and therefore, police have had to adapt their methods by conducting sting operations in digital spaces.
These online stings operate similarly to street-level operations, where the officer’s role is to encourage suspects to offer money for sex, after which an arrest can be made. They usually create profiles on websites or apps known to facilitate prostitution and even on sites used for ostensibly legal escort services.
Because it’s so easy to pose as anyone on the internet, high-profile busts happen online all the time. If you want to be safe while chatting online, for any reason, you should essentially assume that anyone you’re talking to online is a cop.
How can you tell if someone is a cop?
Because police receive extensive training to blend in during sting operations, it can be very difficult to tell when an undercover cop is posing as an escort, but there are a few things you can look for:
- They avoid using explicit language. Undercover officers may avoid using explicit terms or slang for sex acts. They are likely to be vague and indirect about what is actually on the table, instead opting for general terms like “sex” or “fun.”
- They may refuse to engage in illegal activity. Although they’re posing as civilians, they are still police officers and, therefore, might be unlikely to expose themselves, take drugs, or do other illegal things other than perform sex acts.
- They can be unusually persistent. Real prostitutes know that solicitation is a numbers game, so if you feel like you are being needled into an agreement or feel like you’re dealing with a pushy salesman, they may be an undercover officer.
- They want specifics. Cops need enough evidence to actually secure your conviction, which means slang terms and general agreements won’t cut it. If someone seems focused on getting you to say a specific dollar amount and is giving explicit, transactional details up-front, this should be a massive red flag.
Can an undercover cop touch you?
This is a very frequently asked question, and the answer is somewhat complex. Generally, undercover officers are limited in how far they can go during sting operations, and touching is one of those limitations — but the reality is a bit more of a gray area.
While an officer may engage in minimal physical contact (like a handshake or casual touch), they are not allowed to perform sexual acts as part of their undercover role. If someone refuses to touch you or engage in any physical contact, it could be an indicator that they are an undercover cop. But this is not irrefutable proof in either direction. Why? Because cops do whatever they want.
An undercover officer could kiss you on the mouth to assuage your worries about a sting operation, and although they’re technically not allowed to do so, it is unlikely that it will matter when it comes to your conviction for solicitation if there is no evidence.
How to spot a sting operation
Spotting a sting operation can be difficult, but there are some telltale signs that may help you identify when one is taking place:
- Inconsistent behavior. First and foremost, a person who is part of a sting operation may act strange, or behave in a way that you wouldn’t expect someone in their position to behave. Tell-tale signs can be overly nervous or erratic behavior, or the avoidance of small talk and personal questions.
- Location and environment. Areas known for prostitution or other illegal activity are usually where operations take place. Notoriety can be dangerous for buyers and sellers, so be careful in areas with a reputation.
- It seems too good to be true. If everything seems to be falling into place too quickly and effortlessly, it could be a sign that something is off. Sting operations are designed to catch people quickly, so law enforcement will attempt to make transactions unusually straightforward.
- Presence of multiple officers. Sting operations often involve teams of officers, with one playing the role of a prostitute while others remain nearby to assist with the arrest. If you notice several people lingering nearby, or vehicles that appear to be monitoring the situation, it could be part of a police operation.
In general, if something seems off, it probably is. New faces, overly eager participants, and odd behavior are signs that something is likely afoot.
Got stung in a sting? Protect your rights with Thiessen Law Firm.
If you’re wondering how to know if a prostitute is a cop, the truth is that you’ll never really know with 100% certainty. In general, using your intuition, keeping out of trouble, and having a good lawyer on standby is all you can do.
If you were unaware of the tactics undercover officers use and got caught up in a sting, whether it was all a big misunderstanding or not, you need to find the best criminal attorney in Houston that you can to defend you.
Don’t let a mistake turn into a lifelong regret, call Thiessen Law Firm today at (713) 864-9000 or contact us online to defend your life.
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