Question

What you would recommend to law makers regarding policies and regulations related to sex work (i.e. pornography) and illegal sex work in Texas? Provide a brief overview of laws and regulations already present please.

Answer 1

The laws and regulations related to sex works are vary from country to country, and between authority within a country. In one hand pornography or sex work is legal in some places and regarded as a profession, while at the other extreme, it is a crime punishable by death in some other places.

In Texas it is a crime to commit pornography or sex work. Under Texas law, a person commits the crime of illegal sex work if they knowingly engage in or offer to engage in sexual contact for a fee or if they call another person in a public place for sexual conduct. The offense is established by either soliciting or receiving a fee.

It is also a crime to promote pornography (also called pimping or pandering) Promoting pornography includes receiving money or other items from an agreement to participate in the proceeds from prostitution. For example, if John were to agree with Jerry to split the fee from Mary's act of pornography, that constitute the crime of promotion of pornography and illegal sex. Promotion of sex work also takes place when one person solicits another person to engage in sexual contact with a third person.

Compelling pornography is a crime when the victim is a child under the age of 18 years. Moreover, the solicitation of sex work such as inquiring about a sex workers rate - is charged as prostitution under this law.

TEXAS PORNOGRAPHY LAWS AT A GLANCE

CLASSIFICATION OF THE CRIME	PENALTIES
1. CLASS -A MISDEMEANOR: If Perpetrator has 1 or 2 previous convictions for sex work or solicitation for pimping	Up to 1 year in jail and fine up to $4,000
2. CLASS-B MISDEMEANOR: for prostitution or solicitation (if no aggravating factors are present)	Up to 180 days in jail and fine up to $2000
3. STATE JAIL FELONY: if Perpetrator has 3 or more previous convictions for prostitution or solicitation, for repeat offense of pimping.	6 months to 2 years in a state jail facility, fine of up to $10,000
4. THIRD DEGREE FELONY: for owning, financing, controlling, or managing a prostitution enterprise with 2 or more prostitutes.	Up to 10 years in prison, fine of up to $10,000
5. SECOND DEGREE FELONY: if the person solicited is younger than 18 (regardless of whether the criminal knew at the time), if the perpetrator believed the person solicited was younger than 18.	2 to 20 years in prison, fine of up to $10,000
6. FIRST DEGREE FELONY; for owning, financing, controlling, or managing a prostitution enterprise with 2 or more prostitutes, where at least 1 is under 18; if an actor who compels a child under 18 to commit prostitution also may be charged with another offense in this section.	5 years to life in prison, fine of up to $10,000

The regulation of sex work is some time problematic because standard labor regulations cannot be applied to pornography and sex work. The typical relation between employer and employee where the employer is in a position of authority over the employee is, in the case of sex work viewed by many as contrary to the physical integrity of the sex worker. It is forbidden to order a person to have sex on a given moment at a given place. Many sex operators also do not want to pay social security contributions, which comes with paid labor. Therefore, many sex workers in countries where pornography is regulated, are officially listed as independent contractors. Sex operators typically operate as facilitators only and do not interfere with the sex workers.