Oakland Pimping and Pandering Lawyer
Prostitution is a multifaceted issue involving numerous separate offenses under California law. There is, of course, prostitution itself. You can be charged with a crime if you have performed a sexual act in exchange for compensation, which could be money or other items of value. You can also be charged with a crime if you pay or offer a prostitute to perform a sexual service. You can also face prosecution for other actions that relate to prostitution, including pimping and pandering. These crimes relate to the encouragement and continuance of prostitution, though you didn’t necessarily provide or purchase the sex act yourself. Both pimping and pandering are felony offenses in California and can lead to years in prison.
Pandering charges are serious. If you have been accused of pimping, pandering, or another prostitution offense, contact a sex crime lawyer right away. Your personal reputation, career, and freedom are at stake. An experienced attorney from Silver Law Firm will thoroughly review the facts of your case, analyze your best options, and guide you through the criminal court system. Call today at (510) 995-0000 to schedule a consultation.
K.M. – Oakland
What is Pimping Under California Law?
Pimping is prohibited by California Penal Code 266h. The law states that anyone who knows another person commits prostitution, and lives or obtains financial support entirely or in part from the money that person makes as a prostitute, or who receives compensation or asks to receive compensation for soliciting clients for the person, is guilty of pimping. If you are accused of pimping, you will be charged with a felony.
When either of these activities takes place and the person involved in prostitution is a minor, you will be charged with a felony and face an enhanced punishment.
Examples of Pimping
- A woman owns a house and allows an individual committing prostitution to live with her and conduct the illegal activity there. The tenant pays rent with funds obtained through prostitution.
- A man meets with people at a party to determine who is interested in engaging with a prostitute that night. After the partygoers commit the illegal act, the person acting as a prostitute pays the man.
- Due to their inability to find work, parents face significant financial distress. They convince their daughter to work as prostitute and live off her earnings.
What is Pandering Under California Law?
Under California Penal Code 266i, you can be charged with pandering if you:
- Obtain a person for the purpose of prostitution
- Through promises, threats, violence, or any other scheme, you cause or encourage another person to become a prostitute
- Obtain a position for a person in a house or facility that offers prostitution
- Through promises, threats, violence, or any other scheme, cause or encourage another person to remain in a house or facility offering prostitution
- Through fraud, tricks, duress, or abuse of your position, you obtain a person to become a prostitute, enter into a place of prostitution, or enter or leave California for the purpose of prostitution
- You receive, give, or agree to receive or give any money or item of value for obtaining or trying to obtain a person for the purpose of prostitution
First offense pandering charges are always considered felonies. However, if the other person involved is a minor, you face enhanced sentences upon conviction.
Examples of Pandering
- A person convinces a teenager it is a good idea to commit prostitution to earn money instead of obtaining a minimum wage job.
- Someone forces another person to commit prostitution.
- An individual forces someone who recently immigrated to the U.S. to engage in prostitution as a means to obtain shelter, food, and clothing.
- A person forces an undocumented immigrant into prostitution by threatening to notify Immigration and Customs Enforcement (ICE) of their presence in the country.
Consequences of a Pimping or Pandering Conviction
Both of these offenses are felonies, which can be punished with up to three, four, or six years in prison and a maximum $10,000 fine.
If you are convicted of pimping or pandering a minor under the age of 18, then the maximum prison sentence is eight years and you will be required to register as a sex offender for the rest of your life.
You also need to consider the collateral consequences of a conviction. A prostitution-related conviction can make it difficult to continue your education, obtain and keep a job, rent an apartment, get approved for a loan, and much more. A felony conviction could hurt your immigration status, even leading to deportation. Your children’s other parent could use it to ask that any custody or visitation to be taken away from. You will also lose your right to own a firearm.
Defending Against Pimping or Pandering Charges
To avoid the statutory penalties and secondary consequences of a pimping or pandering conviction, you need to work with a tenacious lawyer. You need someone who will go through the facts of your case and question every claim the prosecutors make. You need someone who will always protect your rights and advance your best interests. At Silver Law Firm, we are prepared to do all of this and more. We will devise you the strongest defense for your situation, including:
- False Accusations – If you are facing accusations because of lies and misunderstandings, your attorney will strive to uncover the false information in court and bring to light your accuser’s motives.
- Mistake of Identity – Maybe you were confused for someone else. If so, we will attempt to prove you have an alibi for the time(s) the crime was committed.
- Lack of Knowledge – Pimping charges rely on you knowing the other person was a prostitute. You could have reasonably not known that someone providing you with financial support earned their money through prostitution.
- Insufficient Evidence – Prosecutors are required to prove you committed the crime beyond a reasonable doubt. Your lawyer will point out holes in the prosecutor’s arguments in order to create doubt in the judge or jurors’ minds.
- Entrapment – Prostitution-related charges often arise out of stings and law enforcement schemes. If you became involved with illegal activity because of an officer’s encouragement or coercion, it is possible to prove entrapment in court.
Contact Silver Law Firm Today
After being arrested and charged with pimping, pandering, or both, the best next step is to contact a lawyer. These are serious crimes. If you are convicted, it is highly likely the prosecution will push for the maximum sentence, which would put you in prison for years. If your case shows the victimization of a minor, you could be labeled a sex offender for the rest of your life.
At Silver Law Firm, we have experience in defending against pimping, pandering, and other prostitution charges. We understand how challenging this situation is for you. We will guide you through the justice system while protecting your rights and relentlessly fighting for your freedom.
To discuss the ways Elliot Silver can help you, contact us today at (510) 995-0000 to schedule a consultation.