If you or someone you know has been arrested for pimping and pandering in California you should contact an experienced San Diego criminal defense attorney as soon as possible. At the Law Office of Vikas Bajaj, APC, we understand the stress and uncertainties that are involved in fighting pimping and pandering charges. We have the knowledge, experience, and passion necessary to ensure clients receive the best criminal defense possible. Contact us today for a free, no-commitment consultation to learn about your legal rights and options.
Pimping and Pandering in San Diego
Sex trafficking, human trafficking, and the sale of sexual services are serious problems in San Diego. In fact, the FBI identified San Diego county as one of “the most active” trafficking areas in the country. Studies have shown that between 8,830 and 11,773 individuals are victims or survivors of sex trafficking in San Diego county every year. In an attempt to undercut these criminal activities, California has enacted several laws to discourage mid-level involvement. These laws – including pimping and pandering – target individuals who help these criminal activities operate.
Pimping and pandering laws in California focus on the behaviors of individuals who solicit money from prostitutes, transport prostitutes and sex workers to various locations for work, advertise illicit sex services, and who recruit or encourage prostitutes to work for the businesses. A criminal record reflecting pimping and pandering arrests, charges, and/or convictions can have serious repercussions on your ability to enjoy certain privileges later in life. Employers, lenders, and landlords who run a background check will see your past involvement in these illicit behaviors and may choose not to approve your applications.
What is Pimping in California?
- Knowingly receiving financial support or maintenance from the earnings of someone engaged in prostitution, or
- Receiving or trying to receive compensation for soliciting a prostitute.
Simply put, pimping is the act of benefiting from another’s prostitution or trying to collect compensation from a prostitute. Pimps are, more often than not, the masterminds and organizers of prostitution rings. They hire/coerce/force/employ prostitutes and benefit from their earnings. However, the organizational behavior is defined as pandering.
What is Pandering in California?
Pandering is a criminal offense that is similar to – but distinct from – pimping. It is a broader criminal offense that captures a wider range of criminal behavior. A person may be charged with pandering in California under 226i PC if he or she, for the purposes of prostitution:
- Persuades or encourages another person to become a prostitute, whether through promises, threats, violence, or other means;
- Procures another person a job in a brothel or house of prostitution;
- Persuades or encourages another person to continue working in a brothel or house of prostitution;
- Uses fraud or artifice, or duress of person or goods, or by abuse of any position of confidence or authority, causes a person to become a prostitute;
- Uses fraud or artifice, or duress of person or goods, or by abuse of any position of confidence or authority, causes another person to enter a house of prostitution;
- Uses fraud or artifice, or duress of person or goods, or by abuse of any position of confidence or authority, causes another person to enter or leave the state of California for the purpose of prostitution; or
- Receives, gives, or agrees to receive or give any money or compensation for persuading someone to become a prostitute.
Pimping is essentially the crime of receiving, or trying to receive, compensation from someone who performs the act of prostitution. Pandering, on the other hand, is essentially the crime of arranging and organizing prostitution services.
Criminal Penalties for Pimping and Pandering
There are inherent differences in the roles that prostitutes and organizers play in the sex trafficking industry. California acknowledges this in its harsher punishments for mid-level, intermediary employees who facilitate the operation(s).
Pimping and pandering are both felony criminal offenses in California. While the specific penalty will depend on the severity of the crime and any aggravating factors – such as the age, willingness, and treatment of prostitutes – pimping and pandering are generally punishable by 3, 4, 6, or 8 years in prison and up to $10,000 in fines.
Defenses to Pimping and Pandering Charges in California
In some cases, charges of pimping and pandering may be unjust. If you or someone you know has been falsely or wrongly accused of pimping and pandering in California you should contact an experienced attorney to help devise a defense. Possible defenses to charges of pimping and pandering in California include:
- False accusation;
- Mistaken identity;
- Insufficient evidence;
- Entrapment; or
- Lack of necessary criminal intent.
Contact a San Diego Pimping and Pandering Attorney Today
California has made it a priority to dismantle organizations who deal in the sale of sexual services. As a result, they aggressively prosecute individuals they believe to be involved in the facilitation and organization of these crimes. If you or someone you know has been arrested and/or charged with pimping and pandering, contact an experienced San Diego pimping and pandering attorney today. When you call for your free consultation we will review your case, explain your legal rights, and devise a legal strategy to minimize any penalties that may be assessed.
If you choose to have us represent you we will investigate every aspect of the investigation, your arrest, and relevant factors to determine if your Constitutional rights have been violated. Pimping and pandering charges in California are serious – make sure you have an experienced attorney on your side.