While the term solicitation can refer to either criminal solicitation or solicitation of prostitution, it is most commonly associated with sexual solicitation. Alleged sex crimes that you can be arrested for in Texas include this type of solicitation. However, simply requesting paid sex from another individual is not enough to be charged with soliciting prostitution.
Along with the request to engage in sex for compensation, there must also be intent. This means that if an individual attempts to solicit prostitution from another person, but does not actually intend to engage in the activity or follow through on an offer, then they may not be charged with solicitation. While intent is required to accuse an individual of solicitation, actually engaging in a criminal activity is not.
An individual does not have to actually engage in solicited sex to be accused of solicitation. Instead, if the other person rejects the request, if for one reason or another the act is unable to take place (even if the offer was accepted) or if the person who is solicited is actually an undercover officer, charges may still be brought forward. Quite often, this can be where the intent to either follow through on a request or not is key.
However, if a Texas individual retracts their offer and their intent, then they may avoid sex crimes charges. This usually involves making sure that the other party knows that any previously arranged deal is off. If you have been accused of soliciting prostitution, a careful review of the charges as well as any relevant evidence can be crucial in seeking the most favorable outcome possible for you.
Source: FindLaw, “Solicitation“, , Aug. 30, 2014