(a) A person commits an offense if the person knowingly offers or agrees to receive a fee from another to engage in sexual conduct.

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(b) A person commits an offense if the person knowingly offers or agrees to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another.

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(b-1) Repealed by Acts 2017, 85th Leg., ch. 685 (H.B. 29), § 44(2).

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(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).

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(c-1) An offense under Subsection (b) is a Class A misdemeanor, except that the offense is:

(1)  a state jail felony if the actor has previously been convicted of an offense under Subsection (b);  or

(2)  a felony of the second degree if the person with whom the actor agrees to engage in sexual conduct is:

(A) younger than 18 years of age, regardless of whether the actor knows the age of the person at the time of the offense;

(B) represented to the actor as being younger than 18 years of age;  or

(C) believed by the actor to be younger than 18 years of age.

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(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.

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(e) A conviction may be used for purposes of enhancement under this section or enhancement under Subchapter D, Chapter 12, 1 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.