FOCL Practice Test

In what scenario does a consensual sexual agreement become a crime under the Texas Penal Code?

1. When conducted in private

2. When a participant is underage

3. When a fee is charged for participation

4. When expressed verbally only

The correct answer is: When a fee is charged for participation

The correct interpretation of the scenario in which a consensual sexual agreement becomes a crime under the Texas Penal Code is when a fee is charged for participation. In Texas, engaging in sexual conduct for compensation can be classified as prostitution, which is illegal. The exchange of money or any compensation for sexual acts transforms what might otherwise be a consensual relationship into a criminal offense, as it violates laws that attempt to regulate the sex industry for reasons including health, safety, and public morality. The other circumstances present in the choices do not inherently criminalize consensual sexual agreements. For instance, private consensual acts without any involvement of compensation or underage individuals would generally not be considered illegal. However, involving an underage participant does evoke serious legal implications since minors cannot legally consent, but this specifically qualifies the act rather than the nature of the agreement itself. Likewise, verbal agreements, while potentially problematic depending on the context, do not automatically escalate to criminality without other factors, such as coercion or exploitation.