§ 98A.001.Definitions
Title 4. Liability in Tort · Chapter 98A. Liability for Compelled Prostitution and Certain Promotion of Prostitution · Last amended 2019 · Last verified August 29, 2026
Full Text of § 98A.001
Plain-English Summary
Eight definitions, and all but two borrow directly from the Penal Code.
"Compelling prostitution" means conduct constituting an offence under Penal Code Section 43.05, and "compelled prostitution" is prostitution resulting from it. "Promotion of prostitution," "aggravated promotion," "online promotion," and "aggravated online promotion" each point to their own Penal Code section, as does "prostitution" itself.
The online offences were added by amendment, and their inclusion is what extends the chapter to platform conduct.
"Advertisement" is the definition the Legislature wrote itself: any communication that promotes a commercial product or service, including a communication on an Internet website operated for a commercial purpose.
That definition supports the third liability route, which reaches a person who purchases an advertisement constituting promotion of prostitution.
"Victim of compelled prostitution" means a person who commits prostitution as a result of another person's compelling prostitution.
The definition identifies the claimant precisely. This chapter is not about prostitution generally — it is about a person who was compelled into it, and the liability section then reaches those who compelled, promoted, or advertised.
The borrowing technique matches the trafficking chapter, and it produces the same effect: the civil claim follows amendments to the criminal law.
Frequently Asked Questions
Who is a victim of compelled prostitution?
A person who commits prostitution as a result of another person's compelling prostitution, as Penal Code Section 43.05 defines that offence.
What counts as an advertisement?
Any communication promoting a commercial product or service, including a communication on an Internet website operated for a commercial purpose.
Does the chapter reach online conduct?
Yes. Online promotion and aggravated online promotion of prostitution are among the defined terms.
Amendment History
- Added by Acts 2013, 83rd Leg., R.S., Ch. 187 (S.B. 94), Sec. 1, eff. September 1, 2013.
- Amended by:
- Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 3.03, eff. September 1, 2019.