California Pandering Attorney – Penal Code 266(i) PC

A Pandering Defense Lawyer Will Help You Beat Your Charges

If you were charged with pandering in California, you should consult with a criminal defense attorney experienced in fighting pandering cases. They can help ensure you understand your legal rights, including how you could avoid a conviction. My Rights Law sex crime lawyers have that experience and will defend you to the fullest. For more information, contact our criminal defense team at My Rights Law for a free consultation by calling (888) 702-8882 or through our secure web form.

In California, the crime of pandering is very similar to pimping. The state often charges you with both of these crimes after an officer arrests you. But the state can charge you with pandering and not pimping. Even if police only charge you with pandering, this is grounds to be concerned. Any arrest and conviction will be detrimental to your livelihood and reputation overall. Furthermore, the crime of pandering comes with severe criminal penalties that can strip you of your freedom and take you from your loved ones unless you have an excellent, seasoned criminal defense attorney on your side.

Elements Of Pandering

If the state accuses you of pandering, you should become familiar with the elements of this crime[1]. A prosecutor must show that every element listed occurred to have a successful case against you. If the circumstances of your case do not agree with the elements of pandering, the prosecutor should drop or lessen the charges before trial. If you have gone to trial and your pandering defense lawyer creates a reasonable doubt that the state has failed to demonstrate each element occurred, the jury should find you not guilty[2]. Although your lawyer will argue on your behalf, knowing the elements you will face helps you discuss your case with your defense team.

Society does not use the word pander too often, primarily when people discuss crime. So, you may ask yourself, “What is pandering, exactly?” Pandering is encouraging someone to become a prostitute or remain as a prostitute. You don’t need to exchange compensation, money, or anything of value with a prostitute, and you don’t need to profit off a prostitute’s services for an officer to arrest you. The state can charge you as long as you promote prostitution to some degree[3].

In General

You could be charged with pandering if:

• You acquired another person to become a prostitute.
• You acquired another person to live in a house designed for prostitutes and prostitution.
• You encouraged, persuaded, and induced another person to stay in a house designed for prostitutes and prostitution.
• You took advantage of your position of authority or used duress or fraud to acquire a prostitute, brought another person to a house designed for prostitution, brought them to this state for the purpose of prostitution, or encouraged them to remain in this state to become a prostitute.

To A Minor

The weight of the crime increases if a minor is involved. For the state to successfully charge you with pandering to a minor, a prosecutor must show that one of the factors above is present and that the prostitute is under the age of eighteen or under the age of sixteen. Whether the person is older or younger than sixteen affects the penalties you’ll face.

Pandering to a minor can result in the state bringing other charges against you. For example, a prosecutor may file a Penal Code 272 PC Contributing To The Delinquency Of A Minor charge against you. You commit this crime if you take any action or inaction that leads to a minor being a habitual truant, dependent on the judicial system, or juvenile delinquent. A prosecutor can also bring a Penal Code 653.23 PC Supervising Or Aiding A Prostitute charge against you. The more charges you have, the longer your sentence will be if a jury finds you guilty on all accounts.

Penalties For Pandering

Pandering is a felony offense. If a judge or jury convicts you of pandering to someone sixteen or older, a judge may sentence you to three to four up to six years in prison. If a judge or jury convicts you of pandering to someone younger than sixteen, a judge may sentence you to eight years in prison. Imagine this: you’ll have a nasty criminal record that will follow you everywhere. It’ll show up on government background checks whenever you apply to rent a home and if you decide to pursue higher education.

Also, a conviction is embarrassing. The stigma of being a criminal may haunt you wherever you go. The fear of judgment and discrimination has resulted in many former felons avoiding family functions, developing anxiety and paranoia when they’re out in public, and having low self-esteem. Most people will think negatively of you before they give you a chance to defend yourself. To most, a judge or jury wouldn’t have convicted you if you were innocent. Not to mention, some people tend to hold this over your head, refusing to believe that you’re a different person now.

Furthermore, if a judge or jury convicts you of this crime, you’ll have to register as a sex offender. Today, California has a three-tier sex offender registration system instead of a mandatory lifetime registration system for all sex offenders[4]. The crime you’re convicted of dictates which tier a judge will place you in. If you’re in tier one, you must register for ten years. If you’re in tier two, you must register for twenty years. If you’re in tier three, you must register for a lifetime. Most sex-related felonies place you in tier two or three automatically.

Violating this law will put you in tier one or tier three. Enticing a minor in a house intended for prostitutes and prostitution and inducing sex employing fraud are both pandering crimes that will ensure you’ll have to register as a sex offender for at least ten years. But pandering to a minor, including transporting a minor for lewd purposes, guarantees you’ll register for a lifetime.

Remember that you can’t expunge most sex-related convictions from your criminal record, especially if these convictions involve minors. In addition, most felonies will remain on your record, mainly if you served time in state prison for the conviction.

Defenses To Pandering

Okay. You see what you stand to lose if a judge or jury finds you guilty of this offense. Time is of the essence, and your freedoms are at stake. We discuss a few defenses below. However, we can craft the best defenses when we know more about the specifics of your case, so don’t hesitate to call us at (888) 702-8882 or through our secure web form to get a free consultation.

Entrapment

You’ve been entrapped when an undercover officer entices you to do something that’s not in your nature to do and that you wouldn’t have done otherwise. You should know that you’ll need to prove more than the officer suggesting you commit a crime or providing you with an opportunity to commit a crime to use this defense. Here, you must prove that the officer’s persuasion was overwhelming.

For example, suppose an officer arrests you for vandalism. While you’re in the back of the police car, the officer drives past a group of women and jokingly says, “They look so good. They should become some of my workers.” Then, the officer informs you that they are also a pimp who uses their position of authority to recruit prostitutes. After describing all the terrible things that can happen to you in jail, including sexual abuse, the officer follows up by saying that you can avoid these atrocities if you acquire more sex workers for the enterprise.

Falsely Accused

You may argue that this is all a lie. Maybe someone provided officers with a false report to get back at you. Maybe someone provided officers with a false report to protect the actual perpetrator. Whatever the reason, innocent people are falsely accused of crimes all the time. You should always maintain your innocence and avoid speaking with the police if you’ve been falsely accused.

You may ask, “Why would someone falsely accuse me of pandering?” People have their reasons for why they lie. Sometimes, it is a matter of revenge; someone who is upset and vengeful towards you may want to see you behind bars. On the other hand, suppose that you broke someone’s heart. This person wants you back, but you refuse to rekindle the relationship. In this case, the scorned lover develops a terrible plot so that you go to jail. Here, text messages and character witness statements can help prove that your accuser is being deceitful.

No Intent To Encourage

Whenever you’re mounting a defense, it is best practice to tackle one or more elements of the crime. If you can show that at least one element is missing, a judge will have to drop your case. Naturally, an obvious defense is to argue that you never intended to encourage someone to become a prostitute or remain a prostitute. Instead, this could have been a simple misunderstanding.

For example, suppose you and a friend lament how expensive it is to be a college student. You begin talking about sex workers and joke about how some students prostitute themselves to pay tuition. You two go back and forth about it, and you may even say that your friend has a perfect look to make a living as a prostitute. The next thing you know, you’re arrested. In this case, you didn’t make any promises, use violence, threaten violence, or commit fraud to lure your friend into becoming a prostitute. All you two did was discuss how some people choose to pay for school. Thus, a judge or jury would have difficulty finding you guilty of this offense.

California Pandering Defense Attorney

If you are ever charged with pimping or pandering in California, you’ll want to speak with a criminal defense attorney. Become aware of your legal options and rights, including how you could successfully defend against a conviction. My Rights Law will fight for you. To learn more, get in touch with a pandering lawyer at My Rights Law for a free consultation by calling (888) 702-8882 or by submitting our secure web form.

FOOTNOTES
[1] California Penal Code 266i
[2] How Criminal Cases Work – The Judicial Branch of California
[3] CalCrim 1151
[4] Senate Bill 384 – FAQ – California Department of Justice