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LA Criminal Defense Attorney Explains CA's Pimping Laws Laws around the nation have recently taken a strong stand to eliminate a range of crimes considered to be "human trafficking" and California law is no exception. In California, pimping (making money off of prostitution) and pandering (facilitating or promoting prostitution) are crimes. Though prostitution and solicitation of prostitution are misdemeanors, and not punished as harshly, pimping and pandering are both penalties in California. Many California felonies are punishable by a maximum of three years, but pimping and pandering is punishable by up to 6 years in prison (8 years if there is a minor involved). As a felony, punishable by such long terms of incarceration, pimping and pandering offenses are prosecuted very harshly in LA County by the Los Angeles County District Attorney's Office. Pimping (PC 266h) primarily consists of receiving money on behalf of or from a prostitute’s earnings. Pandering (PC 266i), involves the practice of procuring a person to be used for, or to travel for, prostitution. Transporting a person for the purpose of prostitution can also draw attention from federal law enforcement agencies and lead to federal criminal charges (18 U.S.C. Chapter 117). WHAT MUST THE PROSECUTION PROVE FOR A PIMPING CONVICTION? In order to convict for pimping, a prosecutor must prove that the defendant used a known prostitute for his or her benefit. Generally, soliciting, encouraging, employing, enticing, luring, requesting, or otherwise using, a known prostitute to prostitute him or herself for the pimp's benefit, there is enough to prove pimping. The benefit to the pimp does not have to be monetary, and can include anything of value. WHAT ARE THE DEFENSES IN A PIMPING CASE? As with all criminal charges, many different defenses can apply, and whether a defense applies is a fact-specific inquiry. There is no substitute in determining in your best defenses to having a knowledgeable, experienced Los Angeles Sex Crimes Attorney on your side, fighting for you. With the harsh penalties involved in pimping and pandering cases, it is of the utmost importance that your lawyer understand the ins and outs of the penal code, evidence code and tactics of negotiation and persuasion. Some of the most common defenses in pimping cases include: entrapment, mistaken identity, false accusations, lack of evidence, and more. RELATED CHARGES TO PIMPING: Aiding or Supervising a Prostitute With the difficulty in proving the conferring of a benefit to the alleged pimp, proving felony pimping or pandering can be difficult in some cases. Accordingly, the California lawmakers enacted a new law punishing a broader range of conduct as a misdemeanor (PC 653.23). There is some overlap between the two charges and the prosecutors have discretion as to how to charge a particular case. For the misdemeanor charge, it is enough to show evidence of directing, supervising, recruiting or otherwise assisting another to engage in prostitution, or collecting or receiving money earned from prostitution. Police and prosecutors will look for repeated communication between a suspected "pimp" and prostitute, transfer of money, monitoring or protecting, and more. If you or a loved one has been arrested or charged with a crime pertaining to prostitution, pimping, pandering or supervising a prostitute, it is important to have a knowledgeable, experienced Los Angeles Criminal Defense Attorney on your side. The Law Offices of Nicholas Loncar provide affordable, passionate and aggressive defense in sex crimes cases. Contact an attorney now for a free consultation.
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contents do not provide any legal advice nor does receipt of this information create an attorney-client relationship.
© 2022 by the Law Offices of Nicholas M. Loncar. All rights reserved. Sitemap