What Is Pimping and Pandering?
Pimping and pandering are two closely related sex crimes that deal with facilitating and receiving financial compensation for prostitution. While these two crimes are frequently charged together in the same case, they have different elements that must be met under the California Penal Code.
Pimping is defined under PC Section 266h as deriving support or maintenance from the earnings or proceeds of another person’s work as a prostitute. This includes charging money from a prostitute by the manager of a brothel in exchange for protection or clients, or receiving compensation for soliciting a prostitute. Pandering, on the other hand, is defined as acquiring a prostitute or convincing someone to become or remain a prostitute. This includes:
- Procuring another person for the purpose of prostitution
- Causing, inducing, or persuading another person to become a prostitute by promises, threats, or violence
- Procuring for another person a place as an inmate in a house of prostitution or persuading that person to remain there as an inmate
- Procuring another person to enter a place of prostitution, or come into or leave the state for the purpose of prostitution by fraud, duress of person or goods, or abuse of any position of confidence or authority
- Receiving or giving, or agreeing to receive or give, any money or thing of value for procuring another person for the purpose of prostitution
Penalties for Pimping and Pandering
Pimping and pandering are considered serious crimes in California. Both crimes are prosecuted as felonies, meaning the penalties are severe. A conviction for either of these crimes is punishable by:
- Up to $10,000 in fines
- 3, 4, or 6 years in state prison
- Felony probation
However, if you are convicted of pimping or pandering a minor under 18 years old, then the penalties will increase. For these acts involving a minor, you can face:
- Up to 8 years in state prison
- Registration as a sex offender for life
Defenses to Pimping and Pandering
A good defense attorney may be able to reduce or dismiss your charges if any of the following defenses apply to you. For one, a defendant is only guilty of pimping under PC Section 266h if he knew that he was receiving money from a prostitute. Similarly for pandering, a defendant is only guilty if he committed an act with the purpose of convincing another person to be a prostitute. If the defendant did not have knowledge or did not act with this specific intent, then he cannot be convicted under these code sections.
In other cases, if police personnel pressure or convince a defendant to commit a crime in their presence, the defendant may use entrapment as a defense. Entrapment is commonly used as a defense in sex-related crimes because many suspects are arrested after an undercover sting where police lure them into committing a crime. For example, if an undercover police officer poses as a prostitute and approaches you multiple times to pressure you into introducing her to men in exchange for compensation, then you may be able to use entrapment as a defense.
Finally, it’s possible that the charges leveled against you are completely false. Personal vendettas against the offender may fuel false allegations, or it may simply be a case of mistaken identity. In some cases, a prostitute may falsely accuse the defendant of pimping in order to reduce her own criminal liability for prostitution. If that’s the case, it’s important to hire an experienced attorney who can look into the circumstances of your case and locate evidence that the reported occurrence never happened.
Contact Wallin & Klarich Today
If you have been accused of pimping or pandering, contact Wallin & Klarich as soon as possible to see how we can help. With 40+ years of experience, Wallin & Klarich is the best choice amongst Southern California criminal defense firms. Our attorneys have helped thousands of clients in sex-related crimes, and we have the skills and resources to secure the best outcome for you.
With offices in Orange County, Riverside, San Bernardino, Victorville, Torrance, West Covina, Los Angeles, and San Diego, you are sure to find an available and convenient attorney near you. Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.