PANDERING, PC 266i(a)
Pandering, PC 266i(a), is a class of crimes involving bringing another person into prostitution. This is usually charged alongside Pimping, PC 266h(a), and always charged as a felony.
To be guilty of pandering, a person must:
- have the intent to influence the other person to be a prostitute
- make the other person become a prostitute in one or more of these ways:
- persuading them to become a prostitute
- using promises, threats, violence, or any device or scheme, gets them to be a prostitute
- get them to be a prostitute in a brothel
- using promises, threats, violence, or any device or scheme to get a person at a brothel to remain in the brothel
- by fraud, artifice, duress, abuse of a position of confidence, make them a prostitute, bring them to a place of prostitution, or bring them into the state or leave this state for prostitution purposes
- give or receive, or agree to give or receive any money or anything of value to bring, or even attempt to bring, another person into prostitution or just have them come into this state or leave this state for the purpose of prostitution
For convenience, we have included the relevant text of Penal Code 266i(a):
(1) Procures another person for the purpose of prostitution.
(2) By promises, threats, violence, or by any device or scheme, causes, induces, persuades, or encourages another person to become a prostitute.
(3) Procures for another person a place as an inmate in a house of prostitution or as an inmate of any place in which prostitution is encouraged or allowed within this state.
(4) By promises, threats, violence, or by any device or scheme, causes, induces, persuades, or encourages an inmate of a house of prostitution, or any other place in which prostitution is encouraged or allowed, to remain therein as an inmate.
(5) By fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, procures another person for the purpose of prostitution, or to enter any place in which prostitution is encouraged or allowed within this state, or to come into this state or leave this state for the purpose of prostitution.
(6) Receives or gives, or agrees to receive or give, any money or thing of value for procuring, or attempting to procure, another person for the purpose of prostitution, or to come into this state or leave this state for the purpose of prostitution.
Examples of Pandering, PC 266i(a)
- Chris encourages Lisa to work as a prostitute because there’s “good money in it.”
- Jim invites Jennifer to come over to California from Arizona so that she can work as a prostitute for his friend Greg. Jim then gets a referral fee.
- Lisa wants to leave a brothel that she has been working at. Greg, the owner of the brothel, tells her that if she does, she “better watch her back.”
A conviction of Pandering, PC 266i(a), carries a maximum sentence of 6 years in state prison.
Defenses to Pandering, PC 266i(a)
1. You did not intend to get the other person to become a prostitute.
Intent is required for Pandering, PC 266i(a), so if you had no intention of getting them to become a prostitute, then you are not guilty of Pandering, PC 266i(a). For instance, you are sitting around talking with some friends about the crazy amount of money that a certain person is making as a prostitute, and you express shock, but you had no intent of convincing anyone to become a prostitute. In this case, if someone hears what you’re saying and decides to work as a prostitute, you are not guilty of Pandering, PC 266i(a), because your statements weren’t intended to convince them to work as a prostitute.
2. You were simply wrongly accused.
If you were wrongly accused because somebody wanted to shift the blame, a top criminal lawyer would gather witness statements to show that you had nothing to do with any prostitution scheme. That does happen in criminal court. People do blame other people for crimes that they commit.
If you had no initial desire to commit Pandering, PC 266i(a), but through a law enforcement operation, you ended up committing Pandering, PC 266i(a), you were entrapped.
4. Police misconduct
Whether it’s because of an unlawful search and seizure or something else, a top criminal lawyer would analyze how the evidence was obtained and file a suppression motion if there are issues involving police misconduct.
Pandering cases can be very tricky because they oftentimes deal with verbal accusations, messages, claims made by multiple involved parties, and nowadays, social media posts and messages. We have experience fighting Pandering cases and we will pursue every avenue available to prove your innocence, whether it’s by showing you were wrongly accused or by showing that you never intended to cause anyone to become a prostitute. We are located in Orange County but also serve LA County, Riverside County, San Bernardino, and all of southern California. We conduct business with our clients both in person and remotely. Our phone number is 213-235-7969 and we look forward to discussing your case with you.