Pimping and Pandering

Pimping and pandering are unlawful, according to PC 266(h) and PC 266(i) of the California Penal Code. These sex crimes occur when you encourage, induce, or persuade another into prostitution and earn a living out of procuring or engaging in prostitution. Both are felony crimes, punishable by a lengthy prison sentence and a hefty court fine. The statutes provide the legal definition of the crimes, which contain all the elements a prosecutor must prove for the court to find a defendant guilty.

If you or someone you know is facing pimping or pandering charges in San Diego, we can help you understand their nature and possible consequences at the Law Offices of Anna R. Yum. We can also protect your rights and help you develop a solid defense against your charges. With our assistance, you can obtain a favorable outcome in your case.

The Legal Meaning of Pimping Under PC 266(h)

Pimping is the crime you commit when you obtain revenue or any kind of support from another person’s work of prostitution. Some of the people who mainly face charges for pimping include brothel managers or people who provide services or protection to prostitutes for payment. California prosecutors charge pimping as a felony, punishable by up to six years in prison.

This law specifically prohibits knowingly obtaining financial support or maintenance from the earnings a person makes through prostitution. Generally, the crime is punishable by a maximum of six years in prison. The judge can sentence you to up to eight years in prison if it involves a minor.

Here are some of the circumstances that can result in charges under PC 266(h):

• Asking for a share of a prostitute’s earnings after engaging in a sexual act with someone you know
• Using a prostitute’s earnings to pay bills or rent the house you live in
• Asking for some payment from a prostitute for referring your friends to their services

If facing pimping charges, the prosecutor must demonstrate all the elements of your crime beyond a reasonable doubt for the court to give a guilty verdict. These elements constitute the legal definition of the crime, and they are as follows:

• You were aware that a particular person was engaging in prostitution
• Part of, or the entire money the person was earning, supported some or all of your needs. Or
• Part of, or all of, the money the prostitute obtained as a loan from someone they worked for supported some or all of your needs
• You received or asked the person for payment for referring your friends to them or referring the prostitute to your friends

Here are some of the terms you need to understand well to fully understand the meaning of this law:

A Prostitute

According to PC 647(b), a prostitute is anyone who engages in lewd acts or sexual intercourse with another person for money or any other form of compensation. Lewd acts refer to any form of physical contact with a person’s sexual organs, which include buttocks, genitals, or female breasts. The contact, according to this statute, is mainly between the prostitute and their customer’s body. The contact is also for sexual arousal.

Soliciting

Prostitutes, or people who seek their services, usually solicit prostitution. Solicitation means urging, tempting, or attempting to engage in prostitution with another person.

The Legal Meaning of Pandering

According to PC 266(i), pandering occurs when you encourage, facilitate, or benefit from prostitution. This can happen when you procure a person for prostitution or induce them to remain in prostitution. You can also face pandering charges for availing your place for works of prostitution or providing money or valuable items to pay for prostitution. There are several ways you can achieve this, including the following:

• Through acts or threats of violence
• Through promises or persuasion
• Through trickery or fraud
• Offering money
• Making arrangements with a prostitution ring or brothel

Pandering is a felony crime, punishable by a maximum of six years in prison. If it involves a minor, the prison sentence will increase to eight years. Here are examples of circumstances that can result in pandering charges:

• Offering a financial reward for someone to engage in prostitution
• Talking to someone who runs a brothel and convincing them to allow your friend to work there
• Threatening to hurt a person or their loved ones if the person stops working as a prostitute

Here are the elements of this crime, which the prosecutor must prove beyond a reasonable doubt for a court to find you guilty of pandering:

• You did something with the intent to influence a person to become or continue being a prostitute
• You accomplished this through any of the following:
  • Persuading them to engage in prostitution
  • Encouraging or persuading them to engage in prostitution through threats, promises, or violence
  • Organizing for them to engage in prostitution, for example, by persuading a brothel to hire them
  • Encouraging them to remain in prostitution through threats, promises, or violence
  • Using tricks or fraud to cause a person to engage in prostitution, enter a brothel, or enter or leave the state for prostitution
  • Receiving or asking for payment to convince someone to engage in prostitution

Remember that a prostitute, in this case, is a person who engages in lewd acts or sexual intercourse with another person for money or any other compensation.

Pandering charges do not only apply when you have succeeded in convincing or persuading a person to engage in or remain in prostitution. The prosecutor can file charges even if you only attempted to do so. What matters is that you encouraged a person into prostitution.

Additionally, this is a crime with a precise intent. This means the court can only find you guilty if you purposefully or intentionally persuade or encourage a person to engage or remain a prostitute.

Example: Jeremy learns from his female colleagues how easy it is to earn money through prostitution after work. After struggling to pay his family bills alone for months, he decides to suggest to his unemployed wife to try prostitution to supplement the family’s meager income. At first, he only makes a suggestion. However, he uses threats of violence to compel his wife to become a prostitute. He even goes ahead to talk to a brothel nearby to hire her.

In this case, Jeremy is guilty of pandering.

He would not have been guilty if he had suggested the idea and left it as is.

The Type of Evidence Prosecutors Use to Prove Pimping and Pandering Cases

Evidence is critical in criminal cases. The court relies on evidence to determine cases. The prosecution must present compelling evidence to prove all case elements beyond a reasonable doubt. The defense has the right to present evidence to challenge the allegations. The court rules in favor of the side with more substantial evidence.

Sex crimes, especially pimping and pandering, are not crimes people commit in the open. Most of these crimes occur discreetly, making it difficult for the prosecution to have credible evidence to support the case. For example, it is rare to have eyewitnesses to support the charges in pimping and pandering cases. However, circumstantial evidence can help demonstrate a case. Examples of evidence the prosecutor can use in this case include the following:

• Emails, text messages, or wiretaps between the perpetrator and the alleged prostitute discussing engagement in prostitution or expected earnings
• Financial records belonging to the alleged perpetrator showing money they received from acts of prostitution
• Customer lists, hotel records, or prostitution ads placed by the perpetrator
• Pictures, videos, or surveillance footage showing the perpetrator’s involvement with popular prostitutes
• Witness testimonies from customers, prostitutes, or anyone else with information regarding the case
• Any communication, pictures, or social media accounts showing proof of involvement in prostitution
• A ledger discovered from the alleged perpetrator showing expenses or earnings from prostitution
• The presence of some of the tools or items used in prostitution in the alleged perpetrator’s possession, including sex toys, costumes, or condoms

Possible Penalties of a Pimping or Pandering Conviction

Pimping and pandering are felony crimes under California law.

A conviction for pimping can result in the following penalties:

• A maximum of six years in prison. In some cases, the court may grant felony probation for up to five years
• Up to $10,000in court fines

However, if the crime involves pimping a minor, the judge can enhance your prison sentence to eight years. This can also carry a requirement to register in the sex offender registry.

Note that the sex offender registry is publicly available, meaning that anyone running a background check on you can easily find your name under registered sex offenders. This can affect various aspects of your life, like your social and professional lives. Finding suitable employment as a registered sex offender can be challenging. It also becomes difficult to make friends or gain the trust of your family members.

A conviction for pandering will likely result in the following penalties:

• Up to six years in prison or felony probation for five years
• A maximum of $10,000 in court fines.

If you involve a minor in pandering, the judge will likely sentence you to eight years instead of six. They could also order you to register every year in the sex offender registry.

The judge can sentence you to probation instead of prison. When this happens, you will receive a set of probation conditions to which you must adhere throughout probation. Here are examples of probation conditions you can receive after a conviction for pandering:

Not to engage in any criminal acts while on probation

To participate in community service for a given number of hours

To undergo treatment or rehabilitation if you have an underlying condition, like a drug addiction

Meet regularly with your probation officer to report your progress

Violating any of these conditions can result in additional legal problems for you. The judge will hold a probation violation hearing to determine the circumstances and consequences of the violation. From the hearing’s findings, the judge can continue the probation as it is, continue it with new and stricter conditions, or cancel it and send you to prison for the recommended time.

Other Consequences for a Pimping or Pandering Conviction

A conviction for pimping or pandering will affect your gun rights. Although California adults can freely obtain licenses to use, purchase, or possess firearms, they can lose these rights under a particular condition. For example, convicted felons cannot exercise their gun rights for life. The judge will order you to sell or surrender any firearms in your possession to the police after the conviction.

A conviction for pimping or pandering can also result in severe immigration consequences for an immigrant. This can result in deportation or being marked as inadmissible in the United States. Pimping and pandering are crimes of moral turpitude. Under specific conditions, they can be categorized as aggravated felonies, especially where minors or vulnerable people are involved. This puts you at risk of losing the life you have created for yourself in the United States.

A conviction for pimping or pandering will also leave you with a life-changing criminal record. Even after serving your sentence, the conviction remains in your record and can continue affecting you for years. People who run background checks on others, like employers, landlords, and insurance providers, will be able to find out about your conviction. This can affect how they treat you. You can lose a potential job opportunity because of a damaging criminal record. A landlord can refuse to rent to you. Insurance companies sometimes raise insurance rates for people with severe criminal records.

A criminal record will also affect your social life. People are skeptical about interacting with convicted felons, especially those convicted of severe sex crimes. You can lose the love and support of your loved ones. Making friends can also be difficult after serving time in prison, especially once people learn that you are a convicted felon.

How To Fight a Pimping or Pandering Charge

Criminal trials are designed to be fair and transparent. A jury trial hears and determines a case’s outcome after reviewing all evidence the prosecution and defense present. Fighting your charges allows you to obtain a fair and favorable outcome in your case. You can do this with the help of a skilled criminal defense attorney. In addition to ensuring you understand your options and possible outcomes in your case, your attorney can build a solid defense against your charges. They can use one or more legal defense strategies to push for a favorable outcome. Here are examples of the strategies that can make a difference in your case:

You Are a Victim of Police Entrapment

Remember that sex crimes like pimping and pandering are committed very discreetly, making it difficult for the prosecutor to obtain tangible evidence for a conviction. Mainly, the court relies on circumstantial evidence and the testimony of some people involved. Sometimes, the police use entrapment to obtain credible evidence in cases like this. When they learn about a person’s or people’s involvement in prostitution, they can use an undercover operation to arrest offenders in the act of crime.

In most of these undercover operations, the police trick a suspected offender into taking action. If the suspect falls into the trap, the police can arrest them and use the evidence obtained to stop large prostitution operations.

However, this does not always work as the police envision it would. You can cite being a victim of police entrapment if that is the only reason you engaged in crime. Although entrapment is widely acceptable in sex and drug crime operations, defendants can refute the claims of their involvement by citing that they only committed the offense because the police forced, incited, or threatened them into it.

Your competent attorney can use this defense strategy in your favor. If it works, the judge will throw away any evidence obtained against you during the operation and dismiss your charges if there is no more evidence to support them.

You Are Falsely Accused

It is not unusual for someone to file a false case against another for a grave crime such as pimping or pandering. If someone accuses you falsely and provides circumstantial evidence of your involvement in prostitution to the police, you could be convicted of a crime you did not commit in the first place. The police, prosecutors, judges, and criminal defense attorneys always handle false accusations. Someone can file a false case against you out of revenge or anger. For example, if someone you know or love is into prostitution, they can falsely accuse you of pimping them if you fall out or to reduce their criminal liability.

You need a competent defense attorney to help you out to avoid paying for a crime you did not commit. Your attorney can task the prosecutor with demonstrating all case elements beyond a reasonable doubt. This can be difficult if the prosecutor does not have credible evidence against you. Your attorney can push for a case dismissal if they only have circumstantial evidence.

Your attorney can also call witnesses to testify about your credibility. If witnesses are testifying for the prosecution, a skilled attorney can challenge their credibility by digging into their lives. If these witnesses have a motive to lie, your attorney can use that to compel the judge to dismiss their testimony.

You Lack Knowledge That the Person You Received Money From or For is a Prostitute

Remember that pimping and pandering requires you to have knowingly obtained financial support or money from the works of prostitution. This knowledge is critical in obtaining a conviction under PC 266(h) and PC 266(i). If you did not knowingly obtain money from or for a prostitute, the judge can dismiss your charges.

However, you have to provide evidence to support your claims. Simply stating that you lacked knowledge about the kind of work the other person was involved in will not compel the judge to dismiss your charges. You need the assistance of a skilled attorney to convince the jury that you innocently accepted financial support or money from a friend or family member and did not know how they earned the money.

Example: Sarah lies to her mum that she got a job downtown. The truth is that she is a prostitute in one of the brothels in town. Since the mum is struggling financially, she sometimes accepts financial help from Sara to pay their house bills and buy food.

This does not make Sarah’s mum guilty of pimping because she genuinely does not know what her daughter does for money.

However, if Sarah’s mum organizes some alone time between her daughter and their landlord to avoid paying rent, she can be charged with pandering.

You Are a Victim of Police Misconduct

A skilled attorney will use any strategy to compel a favorable outcome in their client’s case. For example, your attorney can cite police misconduct to compel the judge to dismiss compelling evidence against you. This can leave the prosecutor with insufficient evidence to obtain a conviction, resulting in a case dismissal.

If the police did not handle your arrest or case investigation as they should, you should discuss it with your attorney. A competent attorney will use any loophole in your case to push for a favorable result. For example, if the police did not read your Miranda rights after an arrest, any evidence they obtain after questioning you without an attorney is inadmissible in court. If the police searched your person or property without a valid warrant, the judge can dismiss any evidence collected through that search.

Find a Competent Criminal Attorney Near Me

Pimping and pandering are grave sex crimes under California law, with severe penalties for those convicted. They are felony crimes that can result in a lengthy prison sentence and a hefty court fine. Other life-altering consequences of a conviction apply, including severe immigration consequences, a damaging criminal record, and loss of your gun rights.

If you face pimping or pandering charges in San Diego, let our competent attorneys at the Law Offices of Anna R. Yum help you. We can navigate the complicated legal system together, fight to defend your rights, and use the best defense strategies for a favorable result. Call us at 619-493-3461 to discuss your case and our service in detail.