Pimping and Pandering in San Diego
California prohibits any activity associated with prostitution. Pimping consists of making money off of prostitution, while pandering is facilitating or promoting prostitution. Both of these offenses are considered sex crimes because of the sexual nature of prostitution. In San Diego, the people that can be charged with pimping and pandering are the prostitutes and their pimps.
A person who agrees to commit a lewd act in exchange for something of value, not necessarily money.
A middleman that supplies the prostitutes with customers and collects payment or takes a cut of the payment.
Understanding Penal Code Section 266
In consideration of the seriousness of pimping and pandering, California has criminalized it under Penal Code section 266. Under this law, “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."
Pimping under Penal Code 266(h):
- Soliciting prostitution;
- Receiving compensation for the solicitation of prostitution.
Basically, to convict someone of pimping under PC 266, the prosecutor must prove each of the following elements:
- The defendant purposefully engaged in the solicitation of prostitution;
- The defendant supplied customers and/ or collected payment from customers for the prostitute;
- The defendant received financial support from the prostitute's earnings.
Pandering under Penal Code 266(i):
- Encouraging prostitution;
- Providing, transporting, or hiring a prostitute.
Basically, to convict someone of pandering under PC 266, the prosecutor must prove each of the following elements:
- The defendant willfully procured another for prostitution;
- The defendant gave, received or agreed to give or receive any money or compensation for persuading another to be a prostitute;
- The defendant made that person available for the purposes of prostitution.
Pimping and Pandering is a Felony
Felony Pimping and Pandering Penalties
- A maximum sentence of 3, 4, or 6 years in California state prison;
- A fine of up to $5,000;
- Formal probation.
Enhancements for Pimping and Pandering
An enhancement offense is an offense whose commission alone increases the penalties for the original crime. In California, if you are charged with the pimping or pandering of a minor under eighteen, you would be facing the following sentence enhancements:
- A maximum sentence of 8 years in California state prison;
- A fine up to $10,000;
- Lifetime duty to register as a sex offender.
It is important to note that for purposes of this enhancement, it will not matter that you did not know the person was a minor or believed the person to be over 18 years old.
Implications of PC 290 for Pimping and Pandering of a Minor
California Penal Code section 290 requires sex offender registration for anyone convicted of pimping and pandering of a minor. Registration consist of the person's head shot, known aliases, general description, latest address, and details of the offense and conviction. Sex offender registration is a lifetime duty, a registered sex offender will have to update this information with DOJ annually, within five working days of their birthday and each time they change residence, within five days of the move. The Sex Offender Tracking Program will keep track of the next required update and if a registered sex offender is in violation of the update requirements. All of this information will go on a registered sex offender database that will be published by the California Department of Justice on Megan's Law web site. Megan's Law web site has been established for local law enforcement agencies to notify the general public about sex offender registrants that may pose a risk. If you are facing charges for pimping and pandering of a minor, this could become the rest of your life. For those who think they can avoid this fate by simply failing to register as a sex offender, know that this will only result in additional felony charges!
Immigration Implications for Pimping and Pandering
In addition to the criminal penalties under PC 266, a defendant who is not a U.S. citizen and is convicted of pimping or pandering will face immigration consequences. Both pimping under PC 266(h) and pandering under PC 266(i) are automatically considered crimes of moral turpitude. Crimes of moral turpitude are offenses that the U.S. government considers go against society's standards of morality. As a result, a conviction for a crime of moral turpitude could render a non U.S. citizen defendant inadmissible. Inadmissibility means that the defendant will not be eligible for a green card, citizenship or be allowed to re-enter the U.S. If you are convicted of pimping or pandering under California Penal Code 226, you may be subject to removal or deportation proceedings. At Monder Law Group, we understand the immigration implications your charges carry and we will ensure that your defense strategies focuses on avoiding these detrimental consequences.
These are some of the criminal defenses that we can assert on your behalf to help you overcome the charges for pimping and pandering filed against you:
- Lacked Criminal Intent; you did not know the person was a prostitute.
- Entrapment; you were not otherwise predisposed but induced by law enforcement to commit pimping and pandering.
- False Accusation; you did not solicit or encourage prostitution.
- Insufficient Evidence; there is no money found on your person.
A charge for pimping and pandering under PC 266 is a felony and could have detrimental consequences in your life. At the very least you could face serious prison sentence, at most you could be deported from this country if you are not a U.S. citizen. Moreover, if you are charged with pimping and pandering a minor, you will face mandatory sex offender registration. Don't let any of this happen you, take control of your life by contacting attorney Vik Monder today at (619)405-0063. At Monder Law Group we can help you launch the strong criminal defense you will need to deal with pimping and pandering charges in San Diego.
Contact San Diego Pimping and Pandering Criminal Defense Attorney Vik Monder for a FREE consultation today at: 619-405-0063