Are you interested in learning more about California Penal Code Section 266h: Pimping? Our team at the Simmrin Law Group understands how California uses this criminal charge to prosecute individuals accused of illegal acts related to prostitution.
Allow us to review the facts about pimping charges, the results of a PC 266h conviction, and possible defenses to pimping accusations. Reach out to us today to learn more.
What Is a Pimping Charge?
Under California Penal Code Section 266h, pimping occurs when an individual performs specific actions with a prostitute. Individuals face pimping accusations for:
- Taking money earned through prostitution
- Taking money loaned to a prostitute by the operator of a house of prostitution
- Asking for or receiving payment for soliciting customers for a prostitute
Pimping charges should only apply if the money received from either a prostitute or a house of prostitution went to support the individual accused of pimping.
How does Soliciting Work in California?
Individuals can face pimping charges under Penal Code 266h if they attempt to solicit clients for a prostitute. Soliciting someone can involve:
- Tempting someone to purchase the services of a prostitute
- Luring someone into hiring a prostitute
- Trying to get funds from someone to pay for a sex act from a prostitute
Pimping often becomes a complicated charge in California. A sex crimes attorney serving California can provide more information about this accusation.
What Are California’s Laws on Prostitution?
California Penal Code Section 647b deals with the crime of prostitution. According to PC 647b, prostitution occurs when someone engages in sexual activity in exchange for some form of compensation.
Performing any lewd act in exchange for payment can lead to a prostitution charge. Lewd acts involve physical contact with an individual’s buttocks, genitals, or breasts. Prostitution charges should only apply if the contact aims to generate sexual arousal.
Anyone who takes the funds a prostitute earned through an act of prostitution could face pimping charges.
Is Pimping Legal in California?
Individuals accused of taking money from a prostitute can face criminal charges under California Penal Code Section 266h: Pimping. Therefore, California treats the act of pimping as criminal activity.
In fact, the court prosecutes pimping as a felony-level offense. However, because pimping does not qualify as a violent felony, individuals should not get a strike on their record after a conviction. Nevertheless, the court still takes this charge very seriously.
What Happens After a PC 266h Conviction?
The results of a conviction for pimping are generally very severe. The court can sentence an individual to up to six years of time in prison after a conviction. In some cases, the court system may offer formal probation after a pimping conviction.
The penalties for pimping are higher if an individual is pimping a minor. California considers anyone under the age of 18 to be a minor. Therefore, individuals can face eight years of prison time for pimping a minor. Additionally, pimping a minor requires individuals to register as sex offenders.
Registering as a sex offender can impact an individual’s options for housing and finding a job. However, the court considers failure to register as a sex offender a criminal act, leading to additional charges. A lawyer can provide a defense against this charge, as well.
Can You Face Immigration Consequences for Pimping?
Individuals convicted of aggravated felonies in California can face challenges to their immigration rights. In fact, a conviction for an aggravated felony can lead to deportation or having an individual marked as “inadmissible” to the country.
California considers pimping an aggravated felony, so a conviction can have severe repercussions for an individual’s status as an immigrant.
Gun Rights and Pimping Convictions in California
California Penal Code Section 266h: Pimping leads to felony charges. Individuals convicted of a felony in California lose their gun rights. Therefore, individuals convicted of pimping cannot buy (or otherwise acquire) a gun.
The court also prohibits convicted felons from possessing or using a gun.
Defenses for Pimping Accusations in California
An accusation of pimping does not have to lead directly to a conviction. There are several possible defenses to a pimping charge. A Los Angeles criminal defense lawyer can build a defense by arguing that:
The Police Engaged in Entrapment
Sometimes, police officers in California engage in entrapment. Entrapment occurs if a police officer tries to lure someone into committing a crime. Police officers who threaten or harass an individual into committing a criminal act may engage in entrapment.
An Individual Got Wrongfully Accused
Individuals do not always make accurate accusations about pimping. For example, a prostitute could falsely claim that someone was acting as a pimp. A lawyer could dispute this kind of testimony in order to build a defense.
An Individual Did Not Know They Were Getting Funds From a Prostitute
Pimping occurs if someone knowingly takes funds from a prostitute. If an individual received money from someone without knowing they were working as a prostitute, it could allow a lawyer to construct a defense.
Are There Charges Similar to Pimping in California?
There are several charges associated with pimping in California. In addition to prostitution, other related charges may include:
A criminal defense lawyer can help you learn more about these charges and how to fight them. Most of these charges fall under the umbrella of sex crimes in California, which can have severe consequences after a conviction.
Talk to a Lawyer About Penal Code 266h: Pimping
You can find out more about California Penal Code Section 266h: Pimping. Reach out to the Simmrin Law Group now by calling us. You can also complete our online contact form. Allow our criminal defense lawyers in Los Angeles to help you with a free consultation.