RulesofCivilProcedure.com Civil Procedure · Every State

§ 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

In one sentenceSection 98A.001 defines the chapter's terms by reference to the Penal Code prostitution offences, including online and aggravated online promotion, and defines "advertisement" to reach commercial websites.

Full Text of § 98A.001

Text size

In this chapter:
(1)"Advertisement" means any communication that promotes a commercial product or service, including a communication on an Internet website operated for a commercial purpose.
(1-a)"Aggravated online promotion of prostitution" means conduct that constitutes an offense under Section 43.041, Penal Code.
(2)"Aggravated promotion of prostitution" means conduct that constitutes an offense under Section 43.04, Penal Code.
(3)"Compelled prostitution" means prostitution resulting from compelling prostitution.
(4)"Compelling prostitution" means conduct that constitutes an offense under Section 43.05, Penal Code.
(4-a)"Online promotion of prostitution" means conduct that constitutes an offense under Section 43.031, Penal Code.
(5)"Promotion of prostitution" means conduct that constitutes an offense under Section 43.03, Penal Code.
(6)"Prostitution" means conduct that constitutes an offense under Section 43.02, Penal Code.
(7)"Victim of compelled prostitution" and "victim" mean a person who commits prostitution as a result of another person's compelling prostitution.
End

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.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source