Section 43.06 changes two ordinary rules of Texas criminal procedure for prostitution-related offenses: it compels testimony with immunity, and it removes the corroboration requirement for accomplice testimony.
What the Statute Says
(a) A party to an offense under this subchapter may be required to furnish evidence or testify about the offense.
(b) A party to an offense under this subchapter may not be prosecuted for any offense about which he is required to furnish evidence or testify, and the evidence and testimony may not be used against the party in any adjudicatory proceeding except a prosecution for aggravated perjury.
(c) For purposes of this section, "adjudicatory proceeding" means a proceeding before a court or any other agency of government in which the legal rights, powers, duties, or privileges of specified parties are determined.
(d) A conviction under this subchapter may be had upon the uncorroborated testimony of a party to the offense.
Subsection (d) Is the One That Matters to a Defendant
Ordinarily, Article 38.14 of the Code of Criminal Procedure provides that a conviction cannot rest on accomplice testimony unless it is corroborated by other evidence tending to connect the defendant to the offense. That rule exists because accomplices have an obvious incentive to shift blame.
Section 43.06(d) removes that protection for offenses under Subchapter A of Chapter 43 — prostitution, solicitation of prostitution, promotion of prostitution, and compelling prostitution.
The practical consequence: a co-participant's word, standing alone and with no corroboration whatsoever, can support a conviction.
What That Means for the Defense
When the State's case rests on an immunized participant, the defense is built on that witness:
The agreement itself. What were they promised? Section 43.06(b) confers immunity from prosecution for the offenses testified about — which is substantial consideration. Every term should be in writing and before the jury.
Their own exposure. What charges were avoided? What else were they facing that is not covered by this immunity?
Prior statements. Immunized witnesses typically give multiple accounts — to officers at the scene, to investigators, to prosecutors during preparation. Those accounts frequently diverge, and the divergence is the cross-examination.
Motive and pressure. Cooperation obtained from a person who is themselves a victim of trafficking, facing immigration consequences, or in custody carries obvious pressure, and the jury is entitled to hear about it.
The perjury exception. Immunity does not extend to aggravated perjury — which means the witness has a continuing incentive to hold to whatever they told the State, whether or not it was accurate.
Related
- Solicitation of prostitution — Texas Penal Code 43.021, a felony since 2021
- Entrapment (8.06) — the most common defense in sting cases
- Testimonial immunity in organized crime cases (71.04)
Charged in Harris County?
Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.