McCarty v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for prostitution. Punishment was assessed at 90 days.

In her first two grounds of error appellant challenges the constitutionality of the prostitution statute. V.T.C.A., Penal Code Sec. 43.02(a)(1) provides:

“(a) A person commits an offense if he knowingly:

“(1) offers to engage, agrees to engage, or engages in sexual conduct for a fee;”

Appellant argues the term “offer” is unconstitutionally vague. New York has a similar prostitution statute, McKinney’s Penal Law, Sec. 230.00, which provides:

“A person is guilty of prostitution when such…