Pimping and pandering are closely related acts but are separate and distinct crimes. If a person is charged with pimping they are also usually charged with pandering and vice versa. Pimping is covered under California Penal Code Sections 266h and pandering is covered under 266i.
Defining Pimping and Pandering
Pimping (making money off of prostitution) is defined in California as:
- Knowingly receiving financial gain from the earnings of someone who is engaged in prostitution
- Receiving or attempting to receive financial gain for procuring customers for a prostitute for your financial gain
Pandering (facilitating or promoting prostitution) in California is defined as:
- Persuading another person to perform acts of prostitution
- Persuading another person to become a prostitute
- Find a person a job in a house of prostitution
- Use fraud, duress or abuse to procure another person to become a prostitute or enter a place where prostitution is allowed or encourage them to leave or come into the state for the purpose of prostitution
- Receive, give or agree, to receive or give, any money or compensation for persuading a person to become a prostitute
It is easy to see why these two crimes are so closely related and often used together when prosecuting crimes of prostitution.
What Are The Penalties For Pimping?
In the State of California, both pimping and pandering are considered felonies which carry potential sentences of up to 6 years in a state prison and fines of up to $10,000. If you someone is convicted of pimping or pandering they could be ordered to register as a sex offender.
If someone is charged with pimping or pandering to a minor, the penalties can be harsher and they can be required to register as a sex offender for life. The potential prison time increases for pimping and pandering to a minor under the age of 18 even if the person believes the other person to be a legal adult. The penalties are the same and the law applies to female or male minors.
Depending on the circumstances of a case and the elements involved, it is possible to be charged with the crime of human trafficking in addition to pimping and pandering. This felony crime can carry a life sentence.
Other penalties for offenses under the pimping and pandering law include:
- Felony pimping and pandering to a minor under the age of 15: Punishable by up to eight years in prison, and fines up to $22,000. Pimping and pandering to a minor under the age of 15 means an additional $5,000 can be imposed.
- Taking a child from their parents for the purpose of prostitution: Punishable by imprisonment, and fines of up to $22,000
- Human trafficking for the purpose of prostitution: Punishable by up to 3 years in prison
- If someone is married, causing their wife to work in a house of prostitution: Punishable by up to 4 years in prison
How Can A Lawyer Defend Me?
Of the three parties involved in pimping and pandering – the pimp, the prostitute, and the “John,” the law punishes the one accused of pimping and pandering more harshly.
There could be many ways to defend a pimping and pandering charge including:
An over-aggressive sting operation could cause a defendant to commit a crime they might not have otherwise committed. Entrapment can occur by using:
- Excessive pressure
You have been falsely accused
False accusations can occur in pimping and pandering cases, sometimes for revenge. Many cases can be he said/she said situations.
There is insufficient evidence
Without audio or visual evidence it can, in some cases to prove the charge of pimping and pandering
The accused lacked criminal intent
If the accused did not know another person derived money from profits as a prostitute, they did not have the intentto pimp or pander.
If you have been charged with the crime of pimping and pandering in Los Angeles, contact an experienced lawyer who knows how to successfully defend against these charges.