CALIFORNIA PIMPING AND PANTERING LAWS – Penal Code 266h and 266i PC

Pimping and Pandering. What California Law says

In California, a person can be arrested as a middleman between prostitutes and clients. Such “middlemen” are generally accused of California pimping or pandering crimes. California Penal Code 266h and 266i PC adresses the issues related to the crime of pimping and pandering aiming at charging the middleman.

Below, Margarian Law Firm will introduce you the main elements of the California Pimping and Pandering Laws. Moreover, in the resources of our site you can find detailed information about different kind of Sex Crimes in California.
1. Definition of Pimping under California Law
2. Definition of Pandering under California Law
3. The difference between Pimping and Pandering in California
4. Criminal Elements of the Crimes of Pimping and Pandering in California
5. Punishment for Violation of California Pimping and Pandering Laws
6. Defenses to the Accusations of Having Committed Pimping or Pandering in California
7. Related Articles
Additionally, we are ready to provide answers to your initial questions concerning sex crime charges in California for free.

1. Definition of Pimping under California Law

Pursuant to California Penal Code Section 266h, any person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part from the earnings or proceeds of the person’s prostitution, or from money loaned or advanced to or charged against that person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or who solicits or receives compensation for soliciting for the person, is guilty of pimping.

2. Definition of Pandering under California Law

California Penal Code Section 266i defines pandering as an act of felony while a person shows one of the following conducts:
1) Procures another person for the purpose of prostitution;
2) By promises, threats, violence, or by any device or scheme, causes, induces, persuades, or encourages another person to become a prostitute;
3)Procures for another person a place as an inmate in a house of prostitution or as an inmate of any place in which prostitution is encouraged or allowed within this state;
4) By promises, threats, violence, or by any device or scheme, causes, induces, persuades, or encourages an inmate of a house of prostitution, or any other place in which prostitution is encouraged or allowed, to remain therein as an inmate;
5) By fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, procures another person for the purpose of prostitution, or to enter any place in which prostitution is encouraged or allowed within this state, or to come into this state or leave this state for the purpose of prostitution;
6) Receives or gives, or agrees to receive or give, any money or thing of value for procuring, or attempting to procure, another person for the purpose of prostitution, or to come into this state or leave this state for the purpose of prostitution.

3. What is the difference between Pimping and Pandering in California?

When we are saying pandering, it is considered to be a crime with the specific intent to exploit the weaknesses of others in order to provide sexual gratification for someone. Moreover, there is no difference whether the defendant received any benefit from the procured person engaged in prostitution. Meanwhile, in order to be charged with pimping, the “pimp” should receive something valuable.
For example, the following acts constitute pandering under California Penal Code 266(i)a PC:
– Hiring prostitutes to work in a prostitution house;
– Finding prostitutes for the  sexual gratification of someone;
– Procuring another person to become a prostitute.
If a person receives something valuable for these acts, the crime will be charged as pimping.

4. Criminal Elements of the Crimes of Pimping and Pandering in California

a) What Must the Prosecution Prove in Order to Convict of Pimping?

Pursuant to California jury instructions, the Prosecution must establish the following facts in order to prove that the defendant is guilty of California pimping:

1. The defendant knew that the victim was a prostitute;
2. The money that the victim earned as a prostitute supported defendant (in whole or in part);
Or
2b. Money that the prostitute received helped the offender to support the place where the acts took place;
Or
2c. The defendant asked for payment or received payment for soliciting prostitution customers for a client;
3. If the person involved in prostitution was a minor when he or she engaged in the prostitution (if the prosecutor charges the defendant with the pimpimg with aggravating circumstances).
Under California law, a prostitute is considered to be a person who is engaged in sexual intercourse or any lewd act with another person in exchange for money or other compensation.

b) What Must the Prosecution Prove in Order to Convict of California Pandering?
In order to prove that the defendant is guilty of pandering, the prosecutor must prove that:
1a. The defendant persuaded or procured someone to be a prostitute;
Or
1b. The defendant used promises, threats, violence, or any device or scheme to induce the victim to become a prostitute;
Or
1.3c The defendant arranged or procured a position for the victim to become or remain a prostitute in either a house of prostitution or any other place where prostitution is encouraged or allowed;
Or
1d.The defendant used fraud, trickery, or duress, or abused a position of confidence or authority, to persuade the victim to be a prostitute as well as enter or leave California for the purpose of prostitution;
Or
1e.The defendant received/gave or agreed to receive/give money or something of value in exchange for persuading/procuring or attempting to persuade /procure the victim to become a prostitute in California or enter/leave the state for the purpose of prostitution.
2. The defendant had the intent to influence the victim to be a prostitute;
3. If the person involved in prostitution was a minor when he or she engaged in the prostitution (if the prosecutor charges the defendant with the pandering with aggravating circumstances).
5. What Penalties Can a Person Face for Violation of California Pimping and Pandering Laws?

Pimping and pandering crimes are a felony in California.  The convicted of pimping or pandering may be ordered, depending on the specific circumstances of the offense, to a maximum sentence of six (6) years in the count jail or state prison. Additionally, the offender may be required to pay applicable court fees up to $10.000.

If the defendant is found guilty of pimping or pandering a person who is a minor, the defendant faces the punishment up to eight (8) years in the state prison.

6. How Can I Fight California Rape Accusations?
It can happen that innocent people are accused of pimping and pantering. Your defense attorney can use various legal defenses in order to get the best possible outcome for you. Below, you can find some of them:
False accusations
Plea bargain and dismissals
False confessions
Mistaken identity
Entrapment.

7. What Are Sex Crimes in California?
There are a variety of sex crimes that fall under the umbrella of California law, including:

California Sex Crimes

Rape

Statutory Rape

Sodomy

Engaging in or Soliciting Lewd Conduct in Public – California Penal Code 647(a)
Incest

Oral Copulation by Force or Fear

Sexual Assault Laws

Prostitution & Solicitation Laws

Internet Pornography

Sex Offender Registration

The Margarian Law Firm  aggressively protects the rights of criminal defendants in California. There are always defenses that can help you avoid penalties. Moreover, sometimes a person can be innocent and, notwithstanding all circumstances, be accused of committing a crime by mistake. We will evaluate your case and engage as fast as possible in your defense for trial. Do not hesitate to contact us. We will do our best to get the best possible outcome for You!

You may file your request online, by telephone or by mail. 818-553-1000

Copyright © 2014 The Margarian Law Firm. All Rights Reserved.