Penal Code 266i deals with the crime of pandering in the state of California. Pandering is an act often tied to prostitution. It does not involve performing sex acts for money, however. Individuals who engage in pandering may face fines and even incarceration.
The Simmrin Law Group can provide you with additional information to fight this charge. If you’re facing a pandering charge under California Penal Code Section 266i, reach out to our criminal defense attorneys for legal assistance.
What Is a Pandering Charge in California?
According to PC 266i, pandering occurs when an individual tries to influence another person to become a prostitute. The charge also applies if someone tries to convince another individual to continue working as a prostitute.
Individuals may attempt to influence another person’s behavior by:
- Making them promises or trying to persuade them
- Making threats or using violent behavior
- Enlisting fraud or trickery
- Providing monetary payments
- Setting up arrangements with a brothel
These charges can lead to severe penalties throughout the state. Note that individuals may face this charge even if the other person refuses to become (or continue working as) a prostitute. Attempting to convince them represents a criminal act.
What Are the Elements of Pandering?
Pandering has several major elements that set it apart from other criminal acts in California. First, pandering can involve convincing or persuading an individual to become or remain a prostitute.
The state of California defines prostitutes as individuals who perform sexual acts with someone else in exchange for compensation. Compensation can include money or other valuable goods.
Finally, intention matters when it comes to pandering accusations. Individuals should only face a conviction for pandering if they actively intend to encourage someone to become or remain a prostitute. Simply mentioning the potential benefits of prostitution does not qualify as pandering.
The Role of Intent in a Pandering Charge
Pandering charges require specific intent in California, meaning that individuals must act intentionally to face a conviction. In other words, they must act with the goal of encouraging someone to become or remain a prostitute.
An individual does not have to succeed to face pandering charges. Charges may still apply even if the other person refuses to become or remain a prostitute. Find out more about pandering accusations by speaking with a member of our team.
What Is the Difference Between Pandering and Pimping?
How do the charges of pandering and pimping differ? California Penal Code Section 266i: Pandering deals with the specific crime of encouraging someone to become or remain a prostitute. On the other hand, individuals can face pimping charges if they:
- Knowingly take compensation from someone who engaged in prostitution OR
- Receive funding after soliciting business for a prostitute
Pimping occurs when someone receives compensation from a prostitute. However, this compensation does not have to be monetary in nature. Generally, the prosecution in pimping cases has to some that someone:
While pandering and pimping deal with similar activities, they represent different criminal acts in California. The state uses California Penal Code Section 266h to prosecute the crime of pimping.
Does Pandering Connect to Prostitution Charges?
Pandering explicitly relates to acts of prostitution in California. Therefore, it’s essential to review the definition of prostitution. Prostitution involves performing lewd acts in exchange for payment of some kind. Individuals may also engage in sexual intercourse for payment during an act of prostitution.
Prostitution itself is against the law in California. Individuals could face charges under Penal Code 647(b) for prostitution. A conviction could lead to fines and a few months of time in jail. A sex crimes lawyer in Los Angeles can provide more information about this charge.
There are a few other charges closely associated with pandering in California. These charges may include:
- Contributing to the delinquency of a minor
- Supervising or aiding a prostitute
What Are the Penalties for Pandering in California?
You should know that pandering is considered a felony by the court system in California. Individuals convicted of pandering may face:
- Fines of up to $10,000
- Prison time of up to six years
However, individuals may face more prison time in some cases. For example, pandering involving a minor may lead to prison for up to eight years. California defines minors as anyone under the age of 18, which is the age of consent in California.
A conviction of pandering to a minor has additional consequences. Individuals convicted of this act must register as sex offenders in California. Individuals who do not register as sex offenders are committing an additional crime.
Probation for Pandering Charges
In some situations, judges sentence individuals to probation after a PC 266i conviction. While on probation, individuals have to follow specific regulations handed down by the court, but they have the chance to stay out of prison.
Failing to uphold all the terms of probation can cause the court to revoke the probation. In this situation, individuals often end up going to prison.
Gun Ownership Restrictions for Pandering
California treats pandering as a felony. Therefore, individuals convicted of pandering have their right to acquire or possess a firearm revoked. A pandering conviction can completely remove an individual’s gun ownership rights.
Pandering and Immigration Consequences
Some crimes can impact an individual’s immigration prospects. For example, aggravated felonies in California can mark an individual as “inadmissible” to the country. These felonies also result in the deportation of non-citizens.
The court considers pandering to be a felony. However, not all pandering charges represent “aggravated” felonies; it depends on the facts of the case.
What Defenses Work for Pandering Charges?
Building a defense against pandering accusations in California is very important. Our team understands which defenses can work in your situation. Based on your unique legal needs, a lawyer may focus on showing that:
- You didn’t mean to persuade someone to engage in prostitution
- You got falsely accused of pandering
- You were subject to entrapment by the police
Entrapment occurs when police officers overstep their legal bounds. They may do this if they try to pressure or threaten you into committing a crime while undercover. We can help you if you have experienced entrapment here in California.
A Los Angeles criminal defense lawyer can focus on getting your charges reduced. We know how to build your defense for an entrapment charge.
Handling Pandering Convictions in California
Individuals convicted of pandering can face harsh penalties. However, in some cases, a lawyer can have this charge expunged. Individuals qualify for expungement if they complete their incarceration or probation.
Expungement removes many of the penalties associated with a criminal act and may help some individuals after a pandering conviction.
Work With a Lawyer to Handle Pandering Charges
Penal Code 266i charges are severe. Get help handling these accusations by contacting a criminal defense lawyer at the Simmrin Law Group for a free consultation. We are ready to help you right now. Call us or complete our online contact form.