Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Appellant Douglas W. Frieling appeals his conviction for prostitution by agreeing to engage in sexual conduct for a fee. See Tex. Pen. Code Ann. 43.02(a)(1) (West 1994). The jury found appellant guilty. The trial court assessed punishment at ninety days in county jail and a fine of $1000. The trial court, however, suspended the imposition of the sentence and placed appellant on community supervision for one year, subject to certain conditions.

Points of Error

Appellant advances two points of error. First, appellant asserts that “[s]section 43.02 of the Texas Penal Code is overbroad in violation of the First Amendment to the United States Constitution.” It is clear from appellant’s argument that his federal constitutional attack is directed to subsection (a)(1) of the statute, not the entire statute. Second, appellant contends that the “trial court committed fundamental error in failing to instruct the jury that a person must intend to engage in sexual conduct for a fee in order to be convicted of `agreeing’ to do so.” We will affirm.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Pennsylvania Legal Awards (PALA) 2023

June 14, 2023

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.

Learn More

Consulting Top Consultants 2023

June 15, 2023
New York, NY

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.

Learn More

Southeastern Legal Awards (SLA) 2023

June 22, 2023

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.

Learn More


AV-rated Garden City, NY law firm seeks attorney with 5+ years' experience for firm's labor & employment department. Prior experience ne...

Apply Now ›

Trusts and Estates Associate Milford, CT

The Law Offices of Charles L. Kurmay seeks an associate attorney. While we have locations in Milford, and Madison, CT, and a presence in the...

Apply Now ›

Global Insurance Department Member

Cozen O Connor s Global Insurance Department seeks a Member with at least 8 years of significant insurance coverage experience to join the H...

Apply Now ›



Lawyers of Distinction would like to announce...

View Announcement ›



It is our privilege & honor to announce the addition of Steven H. Cohen, Patricia Z. Boguslawski, Evan D. Baker & Kelly A. Conlon as new partners of DAVIS, SAPERSTEIN & SALOMON, P.C.

View Announcement ›



FERRO LABELLA & WEISS LLC would like to announce that....

View Announcement ›