Pimping and Pandering are recognized as distinct offenses under California law. Pimping, defined in Penal Code Section 266h, involves knowingly benefiting from the earnings or proceeds of another person's prostitution. This encompasses receiving money loaned or advanced to a prostitute by any manager of a venue where prostitution is practiced or permitted, or obtaining compensation for soliciting clients for the prostitute.
Conversely, Pandering, as outlined in Penal Code Section 266i, involves procuring another individual for prostitution. This can be achieved through promises, threats, violence, or any strategy that causes, induces, persuades, or encourages someone to engage in prostitution. It also includes securing for someone a position in a brothel or any location where prostitution is encouraged or permitted within the state.
A key distinction between Pimping and Pandering lies in the nature of the intent behind the crime. Pimping is considered a general intent crime, requiring only the intention to perform an illegal act, specifically, deriving support from the earnings of a prostitute. No additional mental state beyond this intention is necessary. In contrast, Pandering is a specific intent crime, demanding an additional intent to persuade or influence someone to become a prostitute.
Why Pimping and Pandering Are Often Charged Together
Although distinct, Pimping and Pandering are related offenses often linked to the illegal sex trade. They may be charged together for several reasons:
- Overlap in Activities: The activities involved in pimping and pandering frequently intersect, with individuals managing prostitutes (pimping) also likely to be involved in procuring and supplying prostitutes to clients (pandering). This close association often results in both charges being filed to comprehensively address the scope of the illegal activities.
- Legal Strategy: Charging an individual with both offenses may be a prosecutorial strategy to strengthen the case, increasing the odds of securing a conviction on at least one charge.
- Severity of Crimes: Joint charges can underscore the exploitation, manipulation, and harm inflicted on individuals prostituted, presenting a fuller picture of the criminal activities.
- Comprehensive Charges: Some individuals’ actions directly fall under both categories, such as those who recruit individuals into prostitution (pandering) and then profit from their activities (pimping).
Penalties for Pimping and Pandering in California
Both Pimping and Pandering are felonies in California, punishable by state prison for up to six years. If the prostituted individual is a minor under 16, the sentence increases up to eight years. Conviction precludes probation or suspension of sentence, mandating automatic state prison and excluding the option for probation. Additionally, convicts may face fines up to $10,000 and are required to register as sex offenders for at least 10 years. These stringent penalties reflect the seriousness with which California law views these crimes, emphasizing their exploitative nature.
Los Angeles Pimping and Pandering Defense Attorneys
Pimping and Pandering are serious offenses with severe consequences, including a state prison commitment and mandatory sex offender registration. A conviction can negatively affect your life. At Stephen G Rodriguez & Partners, we are dedicated to vigorously defending our clients, with over 50 years of combined criminal defense experience, to develop effective defense strategies and achieve favorable outcomes. For experienced, dependable, and committed legal representation, contact the attorneys at Stephen G Rodriguez & Partners. We provide free, in-office case consultations for prospective clients.