McCarty v. State, 60626
Decision Date | 22 April 1981 |
Docket Number | No. 3,No. 60626,60626,3 |
Citation | 616 S.W.2d 194 |
Parties | Denise Elaine McCARTY, Appellant, v. The STATE of Texas, Appellee |
Court | Texas Court of Criminal Appeals |
James M. Murphy, Dallas, for appellant.
Henry M. Wade, Dist. Atty. and Ronald D. Hinds, Asst. Dist. Atty., Dallas, Robert Huttash, State's Atty., Austin, for the State.
Before ODOM, W. C. DAVIS and McCORMICK, JJ.
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:
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 person engages or agrees or offers to engage in sexual conduct with another person in return for a fee."
This statute was upheld against a similar challenge in the United States Court of Appeals for the Second Circuit. We adopt that court's reasoning from United States v. Herrera, 2nd Cir., 584 F.2d 1137, 1149:
The definition of prostitution in Sec. 43.02, supra, likewise "is not so vague as to make persons of common intelligence guess at its meaning." The first two grounds of error are overruled.
Appellant next complains of the denial of her motion to quash the information. Here she argues that the allegation of "offer" gives her insufficient notice of the charges against her. The information alleged in relevant part that appellant did:
"Knowingly offer to engage in sexual conduct, namely: sexual intercourse and deviate sexual intercourse with E. L. Moses, for a fee."
Virtually all of the quoted language is descriptive of the offer: what conduct was offered, to whom it was offered, and that it was offered for a fee were all alleged. It was not error to deny the motion to quash.
Finally, appellant challenges the sufficiency of the evidence. The relevant portion of the record reveals the following testimony by the complainant:
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