Pandering is a crime related to the act of prostitution. When someone facilitates or receives compensation from commercial sex acts, they may be accused of pandering or pimping. These related sex crimes may be charged together in a criminal case, however, they have different elements under the California Penal Code. Pandering involves persuasion or some kind of threat; the person that panders need not get their income from the person they prostitute. If you are facing investigation or criminal charges for pandering, the Law Office of Gregory H. Comings can help. We explain your legal options clearly, and work to successfully fight charges. Due to the potential life-changing consequences of a conviction for a sex offense, it is important to retain an attorney with a record of success. Riverside defense lawyer Gregory H. Comings maintains a strong reputation among not only Judges and other defense attorneys, but among Deputy District Attorneys working for the State of California. Our office proudly represents clients throughout Southern California.
California Penal Code 266i makes clear that “pandering” is the act of procuring another person for the purpose of prostitution, or encouraging or persuading someone to become a prostitute with promises, violence, or threats. This crime includes finding a person a job in a house of prostitution by encouraging them to work using or duress. It is also illegal to procure someone to become a prostitute or enter a location where prostitution is allowed, or encouraged.
The elements of the crime of pandering include successfully persuading someone to be a prostitute, using promises, threats or violence; arranging for them to be a prostitute in a brothel; using duress or tricks to peruse this person to enter a place of prostitution; and, receiving money or giving money in exchange for someone to become a prostitute. In other words, for the prosecution to convict you of a violation of PC 266i, they must show that you persuaded, used duress or threats to cause a person to become or remain a prostitute, and you intended to influence the person to be a prostitute.
As a related crime, pimping is often charged with pandering against the same person. Other related crimes include lewd conduct in public.
As a felony, pandering carries a criminal sentence of 3,4, or 6 years in a California state prison, a $10,000 fine, or both. Additionally, if the offense involves a minor under 18 years old penalties will increase. Pandering requires registration as a sex offender. If the pandering is done to minors younger than 18, it is a strike under California’s Three Strike Law. As a crime of moral turpitude, pandering carries unique punishments for non-U.S. citizens and others who possess professional licenses.
Depending on the circumstances of the pandering sex crimes case, a defense lawyer may be able to assert false allegations, or insufficient evidence based on lack of intent. The specifics of the case determine appropriate defenses. The prosecution carries the burden of proving all elements of the crime, including making clear that the accused carried the specific intent associated with the crime. A person can only be guilty if they act with the purpose of persuading or encouraging someone to become a prostitute. Consulting an experienced defense lawyer is the best way to ensure that all potential defenses have been considered.
Speaking to a lawyer as quickly as possible following an arrest for a sex offense can make a major impact in your case. This is because a conviction for pandering can lead to a harsh sentence, including time in prison, thousands of dollars in fines, and consequences that affect future employment and housing options. Riverside defense lawyer Gregory H. Comings appreciates the stress and emotional impact caused by a criminal case. The Law Office of Gregory H. Comings can be reached by calling (951) 686-3457 or online.