California Pimping Attorney – Penal Code 266(h) PC

A Pimping Defense Lawyer Will Help You Win Your Case

If you ever face charges for pimping in California, you should talk with a criminal defense attorney. They will help you evaluate your legal rights and options, including how to avoid getting convicted of a sex crime. My Rights Law has considerable experience defending people who are accused of pimping, including felonies and misdemeanors. We will fight for you. To get started, reach out to the sex crimes lawyer at My Rights Law for a free consultation by calling (888) 702-8882 or through our secure web form.

While films, music, and social media may depict pimping as cool, it’s a very egregious crime. Pimping is a felony offense with hefty fines and lengthy prison sentences. A judge or jury could find you guilty of pimping if you took money from a prostitute to pay your bills. Suppose you hook your friend up with a woman for his bachelor’s party. Secretly, you ask the woman for $100 because you provided her with a new client. This is also an example of pimping.

Elements Of Pimping

Whenever the state accuses you of pimping or the often accompanied offense of pandering, it is essential that you learn what a prosecutor must prove for a jury to find you guilty. Pimping is a crime that has elements instead of factors[1]. Whereas a prosecutor does not need to prove every factor occurred for a jury to find you guilty of the crime, a prosecutor must prove every element listed took place for a guilty verdict. If the circumstances of your case do not agree with the elements of pimping, the prosecutor should drop or lessen the charges before trial. If you have gone to trial and your pimping defense attorney raises a reasonable doubt that the state has failed to demonstrate each element occurred, the jury should find you not guilty.

People are often confused about what is meant by pimping. Being a pimp doesn’t mean that you’re popular with women, and it’s not a crime that only men can commit. Women can be pimps, too. For the state to successfully charge you with pimping, a prosecutor must show[2] that:

• You knowingly accepted payment from a prostitute.
• You solicit or receive payment for soliciting a prostitute.

Penalties For Pimping

If a judge or jury convicts you of this felony offense, a judge may sentence you to three, four, or up to six years in prison. A more lenient judge may only sentence you to felony probation if you have a great attorney. But don’t take these penalties lightly. You cannot expunge most sex-related felonies, particularly if you served time in state prison. The likelihood of getting your conviction expunged if you pimped out a minor is impossible unless very narrow exceptions apply[3]. Even if you manage to get a pimping conviction expunged, the reality is that an expungement takes years, and a judge doesn’t have to accept your request on the first application.

Moreover, you can never remove arrests and convictions of sexual misconduct involving minors from your record. If you pimp out a minor, you can serve up to eight years in prison, and you’ll have to register as a sex offender[4]. Depending on whether your pimping amounts to sex trafficking and the age of your workers, a judge may place you in tier three, which means that you’ll have to register as a sex offender for the rest of your life. If a judge or jury only convicts you of enticing a child into a house of prostitution, a judge will place you in tier one. This means you’ll have to register for ten years.

In general, a conviction of this felony offense makes you ineligible for many good-paying jobs. This conviction may be grounds for you to lose your license or certification in your career field or for an administrative board to suspend your license. The result? You’re out of work, struggling to make ends meet, and you’ll lose your gun ownership rights to boot. California doesn’t permit convicted felons to carry concealed firearms[5]. Thus, not only does this mean that you can’t apply for security jobs, but you can’t keep a gun in your home or on your person for personal protection.

Defenses To Pimping

Not Knowingly

Whenever you’re mounting a defense, it is always a wise practice to tackle the elements of a crime. If you can show that one or more of those elements is missing, the prosecutor will have to dismiss the case. A prosecutor must prove that you knew the other person was a prostitute. You can argue that you did not know the person was a prostitute.

For example, you could’ve thought you were helping a friend find dates because they have terrible luck in love. Then, maybe your friend gave you money now and again because you were in financial hardship. In this case, your receipt of their money is entirely innocent and for a lawful purpose.

False Accusation

Suppose your partner cheated on you often. You have enough and call it quits. They then accuse you of pimping them out and say that these other dates were people you’d solicited for business. Your ex may do this as a form of revenge. If this happens to you, you’ll need to prove that you two were in a romantic relationship and that you never knew your partner was a prostitute.

It may surprise you that an ex or anyone you know could go this far to get revenge. However, vengeful people have accused innocent people of committing crimes. If you are experiencing this, it can bring you to a state of depression, anger, and anxiety. This is because society does not always think twice about believing a lie. Unfortunately, society is less inclined to think that a person will lie about you just to get back at you. Yet, once the judicial systems find you not guilty, that belief in you is restored. If someone has falsely accused you of this crime, don’t lose hope that this is a viable defense.

No Payment Nor Receipt

As stated, one of the elements of pimping is that you receive payment. Payment does not have to be cash, although it typically is money. Payment can come in various forms, including receipt of miscellaneous items, such as a new flatscreen television, the latest iPhone, etc. So long as no one exchanged anything of value, a jury should not find you guilty of pimping. After all, you are free to introduce two consenting adults who decide to engage in sexual intercourse. Friends introduce friends to blind dates all the time.

Mistaken Identity

It is unfortunate, but it happens quite often where there is an issue of mistaken identity. Mistaken identity occurs when someone confuses your face with someone else’s face. This is not necessarily the same as a false accusation. A false allegation is an intentional, spiteful lie. With mistaken identity, the eyewitness genuinely believes that you are the perpetrator. The eyewitness has genuinely mistaken you for another person. This happens when the eyewitness only saw the pimp for a split second, the pimp’s face was slightly or mostly covered, or you share similar features as the pimp. Thankfully, a good attorney can help you prove a case of mistaken identity.

Entrapment

Entrapment occurs when an officer agent entices you to do something illegal that you would not have done on your own. You must show that the officer did more than suggest that you resort to pimping to benefit from this defense. You must also prove that the officer did more than merely give you an opportunity to pimp. The officer’s persuasion must have been so overwhelming that you felt trapped into breaking the law for this defense to be available.

There are various scenarios as to why and how this could occur. For example, officers may need to cover their tracks, or an actual pimp might be paying them off. Entrapment may even stem from revenge. Whatever the reason, you can rest assured that our unsurpassed criminal defense lawyers will help you.

California Pimping Criminal Defense Attorney

If you were charged with pimping in California, speak with a criminal defense attorney. It is important that you discover how to effectively fight the charges. My Rights Law has substantial experience in defending Californians against pimping charges. To learn more about how we will fight for you, get in touch with our sex crime lawyer at My Rights Law for a free consultation by calling (888) 702-8882 or through our secure form.

Other sex crimes we defend: Child Pornography

FOOTNOTES
[1] California Penal Code 266h
[2] CalCrim 1150
[3] California Penal Code 1203.4
[4] Senate Bill 384 – FAQ – California Department of Justice
[5] California Penal Code 29800