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Pimping and Pandering – California Penal Code PC 266h and PC 266s

Posted by Raoul Severo | Nov 01, 2020 | 0 Comments

Pimping and Pandering

Pimping and pandering are two related sex crimes that deal with benefitting from or actually facilitating prostitution acts. To discourage people from participating in such acts, California enacted PC 226h and PC 226i to criminalize the act of pimping and pandering.

PC 266h Pimping

California Penal Code PC 266h is the statute that criminalizes pimping, It states that 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, a felony, and shall be punishable by imprisonment in the state prison for three, four, or six years.

Furthermore, when the prostitute is a minor, the violator is guilty of pimping a minor, a felony, and shall be punishable as follows:

  •  If the person engaged in prostitution is a minor 16 years of age or older, the offense is punishable by imprisonment in the state prison for three, four, or six years, or
  • If the person engaged in prostitution is under 16 years of age, the offense is punishable by imprisonment in the state prison for three, six, or eight years.

PC 266i Pandering

California Penal Code PC 266i is the statute that criminalizes pandering, it states that any person who does any of the following is guilty of pandering, a felony, and shall be punishable by imprisonment in the state prison for three, four, or six years:

  • Procures another person for the purpose of prostitution.
  • By promises, threats, violence, or by any device or scheme, causes, induces, persuades, or encourages another person to become a prostitute.
  • 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.
  • 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.
  • 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.
  • 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.

Furthermore, any person who does any of the aforementioned acts with a minor, he/she is guilty of pandering a minor. A felony punishable as follows:

  • If the other person is a minor 16 years of age or older, the offense is punishable by imprisonment in the state prison for three, four, or six years, or
  • If the other person is under 16 years of age, the offense is punishable by imprisonment in the state prison for three, six, or eight years.

Penalties for Pimping and Pandering

Violating PC 226h and PC 226i are California felonies. A felony is the highest level of criminal offense severity. Pimping and pandering are punishable by:

  • A fine of up to ten thousand dollars ($10,000), or
  • Incarceration in state prison for up to six (6) years.

However, the charges can be intensified if the victims are minors.

But, depending on the convict's behavior and/or the judge's decision, he/she can be granted formal probation. Probation is a substitute for incarceration where the offender can spend the rest of his/her sentence outside prison but still under the law's strict supervision.

Finally, all charges will be reflected in the person's permanent criminal record.

Legal Defenses

When facing pimping and pandering charges, here are some conditions that the defendants can use to challenge the prosecutions and support their case:

Luring is an act where law enforcement units pressure, harass, or threaten the defendant to commit the crime.

False accusation occurs when law enforcement units falsely accuse the defendant of committing the crime.

Lastly, the defendant should assume innocence when there is insufficient evidence pointing to his/her involvement in the criminal act.

These charges can greatly affect one's quality of living. It can compromise their chances of being granted civil and social privileges only accessible to people without criminal records. If anyone ever faces pimping, pandering, or other sex crime charges, it would be in their best interest to seek the aid of our top-notch California based defense lawyers. They can help them lessen, if not completely dismiss, the charges and avoid the punishment that comes with it.

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