Pimping and Pandering Laws - Penal Code 266h and 266i
California's pimping and pandering laws are defined under Penal Code 266h and 266i. The closely related offenses of “pimping and pandering” deal with the facilitation of and receiving financial compensation from acts of commercial sex, known as prostitution.
Pimping and pandering are serious felony crimes in California. They involve the illegal trafficking of other people for purposes of commercial sex acts, meaning exchanging money for sex acts, i.e., prostitution.
Pimping is defined under Penal Code 266h, while pandering is defined under Penal Code 266i. They are two separate crimes but so closely related that it's widespread for a defendant to be charged under both statutes.
Pimping addresses the issue of someone receiving the earnings of a prostitute, while pandering addresses the issue of when someone persuades another person to either become or remain a prostitute. Receiving money is not generally a part of a pandering crime; instead, it deals with convincing or persuasion.
Pimping is criminalized under California Penal Code Section 266h and is the crime of receiving all or part of the proceeds of another person's work as a prostitute.
Force, fear, or coercion are not required under the definition of pimping, and it does not require the defendant to set up the dates, known as a “john,” for the prostitute.
Pandering is criminalized under California Penal Code Section 266i. This statute focuses on the defendant's role in encouraging someone to become a prostitute.
Our Los Angeles criminal defense lawyers will take a closer look at these sex crime laws below.
Important Information About Pimping & Pandering Charges
This is an interesting charge because as long as it doesn't involve a minor, it has a bunch of things that you usually wouldn't think when it comes to a serious sex crime, for example:
- It's not a strike;
- You don't have to register as a sex offender and
You would think this is bad, but it turns out good if someone's looking at prison time. Any prison sentence will be served instead of in the county jail; in many cases, somebody gets a prison sentence and then ends up serving in the county jail.
The importance of this is that it is a 50% crime, whether it is county jail or prison. Right now, as I made this post in 2021, people with a 50% crime in prison often serve only 1/3 of the time.
So, you'd much rather go to prison on a sentence like this than go to county jail because you're going to end up serving less time. So, that's the important thing you need to know about it.
Another thing you need to figure out when you're talking about pimping is that prosecutors are very nasty about this, and usually, you are going to get a prison sentence if they can prove the case against you.
What Are the Primary Factors?
First, prosecutors are going to look at the type of pimping activity we're talking about. We're talking about these playboy pimps who have a lot of money, cars, and cash and are very violent about the women that they're pimping.
These are the ones that usually have a criminal record, and they will be looking at the harshest sentences the prosecutor can give. There are other individuals, though, who are involved with prostitutes on a certain level.
Sometimes, they give them rides, and sometimes, they introduce them to the Johns. Most of the time, they take either no percentage or a small percentage.
These so-called Romeo pimps have a fighting chance to stay out of prison, especially if they don't have a criminal record, they've never been involved before, and a lot of times, what I've seen in Los Angeles and the San Fernando Valley, particularly on Sepulveda Boulevard, where these people are being charged with pimping and pandering is that the police are entrapping them and getting them involved.
Can Police Use Undercover Female Police Officers?
A lot of times, they go up to the undercover female police officers thinking that they're a prostitute and trying to engage in some sexual activity, trying to pay them money in exchange for sex.
The next thing you know, somehow, the undercover female police officer makes that into a pimping and pandering charge.
This is a much more severe charge than a particular individual wants to have because if you get hit with a pimping charge, you're usually looking at a minimum of three years in prison.
This is shocking to a lot of people, especially people who don't have a record. They just went on Sepulveda Boulevard. They started shooting their mouth off, and they ended up with this horrible charge. Their whole world has been turned upside down.
Pimping and pandering are straight felony offenses under California law that carries a maximum penalty of 6 years in state prison plus fines and fees. When the victim is a minor, the maximum penalty increases to 8 years in state prison.
What are the Related Crimes?
There are several related California crimes for pimping and pandering, including:
- Penal Code 236.1 PC – human trafficking,
- Penal Code 272 PC – contributing to the delinquency of a minor,
- Penal Code 647(a) PC – lewd acts in public,
- Penal Code 647(b) PC – solicitation of prostitution,
- Penal Code 653.22PC – loitering for prostitution,
- Penal Code 653.23 PC – supervising or aiding a prostitute.
What are the Defenses?
If you find yourself in that position or a loved one you know is in custody and needs help, you've come to the right place. I've been handling these pimping and pandering charges now for close to 30 years in Los Angeles County and the San Fernando Valley with a lot of success.
Pick up the phone now. Ask for a meeting with Ron Hedding. You'll be talking to a guy with a lot of experience.
Someone who worked for the District Attorney's office in the early 1990s, a Superior Court Judge in 1993 as his research attorney, and in 1994, I opened up my criminal defense practice.
I've been defending people charged with pimping and pandering in LA County since then with a great deal of success. Hedding Law Firm is based in Los Angeles County.
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