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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.

 
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