Pimping and Pandering – Penal Code 266h and 266i PC
In California, pimping and pandering laws are separate felonies, but they are usually charged together against someone due to the fact they are closely related. These serious sex crimes involve commercial sex trafficking, which is defined as exchanging money or anything of value for sexual intercourse or other sex acts, which is a form of prostitution.
Penal Code 266h PC defines the crime of pimping, and Penal Code 266i PC defines the crime of pandering. While they are very similar, they are two different offenses with different elements of the crime. “Pimping” refers to someone (a pimp) receiving the earnings of a prostitute. “Pandering” refers to someone persuading another person, typically a female, to either become or remain a prostitute. Thus, receiving earnings from a prostitute is not pandering but rather convincing or persuasion.
To be convicted of pimping, a prosecutor must prove beyond a reasonable doubt that you received financial earnings from somebody who was engaging in prostitution or you attempted to receive compensation by finding her customers (Johns).
Pimps typically receive a portion of a prostitute's money from her customers. Normally, they do not find their customers, but they expect to receive some money for providing “protection.” Pimping and pandering are straight felonies that cannot be reduced to a misdemeanor.
What is PC 266h Pimping?
Pimping is described under California Penal Code 266h PC as receiving all or part of the earnings of somebody's work as a prostitute. Still, the use of force, fear, or coercion is not required by pimping laws.
![California Penal Code 266h PC Pimping](https://cdn.lawlytics.com/law-media/uploads/2645/276684/large/pimping-pandering-4.jpg?1709746489)
PC 266h says, “(a) Except as provided in subdivision (b), 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.
(b) 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, when the prostitute is a minor, is guilty of pimping a minor, a felony, and shall be punishable as follows:
(1) 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.
(2) 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.”
To convict you for violating California's pimping law, the prosecutor must prove all the elements of the crime, including:
- You knew the person was a prostitute,
- The prostitute's earnings supported you (whole or part), or
- The money loaned to the prostitute by a person who operated a house of prostitution supported you or
- You requested or received payment from the prostitute for soliciting their customers.
Many people believe pimps use coercion and force against prostitutes to get them to work and hand over some of their money, but this is not always true. Further, pimping does not require setting up dates or communicating with customers.
Often, the prostitute herself is controlling their sex operation. Still, if a pimp receives a portion of their work proceeds, they could be charged and convicted of violating Penal Code 266h PC pimping.
What is PC 266i Pandering?
Pandering is described under California Penal Code 266i PC as encouraging someone to become or remain a prostitute and typically involves the following:
- Persuading,
- Convincing,
- Threatening,
- Violence,
- Promising,
- Arranging,
- Fraud,
- Trickery.
In other words, these tactics are often used in recruiting prostitutes. Even if they do not receive compensation, they could still be guilty under this law for providing encouragement or inducement for the prostitution activity to occur.
The “encouragement” can be violent, fraudulent, or non-violent and consists of verbal encouragement. To convict, the prosecutor must prove that you intended the victim to become a prostitute.
![California Penal Code 266i PC Pandering](https://cdn.lawlytics.com/law-media/uploads/2645/156736/large/pimping-and-pandering-2.jpg?1629123162)
PC 266i says, “(a) Except as provided in subdivision (b), 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:
(1) Procures another person for the purpose of prostitution.
(2) By promises, threats, violence, or by any device or scheme, causes, induces, persuades, or encourages another person to become a prostitute.
(3) 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.
(4) 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.
(5) By fraud or artifice, or by compulsion 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.
(6) 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.”
What Are Related Crimes?
Several California laws are related to Penal Code 266h and 266i PC pimping and pandering, such as the following:
- Penal Code 236.1 PC – human trafficking is defined as depriving someone of their freedom to violate specific laws regarding commercial sexual activity and sexual exploitation of children.
- Penal Code 272 PC - contributing to the delinquency of a minor is described as enabling a minor under 18 to engage in illegal behavior.
- Penal Code 647(a) PC - lewd acts in public means touching another person's genitals, buttocks, or female breasts for sexual gratification in a public place could be offended,
- Penal Code 647(b) PC – solicitation of prostitution law prohibits engaging in sexual acts in exchange for money or other compensation.
- Penal Code 653.23 PC - supervising or aiding a prostitute law makes it a crime to supervise or assist someone who engages in prostitution or loiters for the purpose of prostitution. If convicted, the penalties include up to one year in county jail, a fine of up to $1,000, and informal summary probation.
What are the Best Defenses?
Suppose you are accused of Penal Code 266h or 266i PC pimping or pandering. In that case, our California sex crime lawyers can use some different strategies to obtain the best possible outcome, such as the following:
- Lack of intent,
- False allegations,
- Police entrapment.
You can only be convicted of pandering after the prosecutor proves you committed the act on purpose by encouraging a person to be a prostitute. Maybe we can argue you did not act with this required intent.
If you were accused of pimping, maybe we can argue that you did not know the earnings you received were from prostitution-related activity.
Maybe we can argue that you are the victim of police entrapment. This means overaggressive law enforcement officers persuaded you to commit a crime you would have otherwise not committed by using harassment, flattery, threats, etc.
We could argue that you were wrongfully arrested and falsely accused. We could also negotiate with the prosecutor for reduced charges or a case dismissal.
Perhaps, though prefiling intervention, avoid the formal filing of criminal charges, known as a “DA reject.”
In some cases, it might be possible to avoid the formal filing of criminal charges in the first place, called a “DA reject.” Contact us for more information. The Hedding Law Firm is based in Los Angeles, CA.
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