California Penal Code 266i(a)
Information on the crime of pandering is found at California penal code section 266i(a). To prove that the defendant is guilty of pandering, the district attorney must prove that:
- The defendant persuaded, or used threats or duress, to cause a person to become or remain as a prostitute, and
- The defendant intended to influence the person to be a prostitute.
Duress means a direct or implied threat of force, violence, danger, or retribution that would cause a reasonable person to do something that he or she would not ordinarily do.
A prostitute is a person who engages in sexual services or lewd acts with another person in exchange for some benefit such as money or services
A lewd act is physical contact of the genitals, buttocks, or female breasts or either the prostitute or the customer with some part of the other person's body for the purpose of sexual arousal.
The difference between pimping (PC 266h(a)) and pandering (PC 266i(a) is that a pimp derives support from a prostitute, a panderer influences another person to be a prostitute but does not necessarily derive support from the prostitute.
Punishment for PC 266i(a) Pandering
Pandering, or PC 266i(a), is charged as a felony. If found guilty of pandering the defendant may be sentenced up to six (6) years in prison.
Other common pandering charges include:
PC 266i(b)(1) pandering of a minor sixteen years or older, which carries a maximum punishment of up to six (6) years in prison.
PC 266i(b)(2) pandering of a minor under sixteen years old, which carries a maximum punishment up to eight (8) years in prison.
PC 266e hiring a panderer, which carries a maximum punishment of up to three (3) years in prison.
Probation sentence: In some pandering cases it may be possible to have the charges dismissed or reduced. In other pandering cases it may be possible to receive a probation sentence (without prison) even if the defendant pleads guilty or is found guilty of the charges. Whether or not a pandering charge is dismissed, reduced, or subject to a probation sentence without prison depends largely on the defendant's criminal history and the circumstances surrounding the criminal charge.
Sex offender registration: If found guilty of the crime of pandering under PC 266i(a), the defendant will be ordered to register as a sex offender for the remainder of his or her life.
Firearm restrictions: Convictions of the crime of pandering under PC 266i(a) carries a lifetime ban on owning or possession of a firearm.
Strike offense: PC 266i(a) is not considered a strike offense under California Three Strikes Sentencing Law; however, pandering of a minor charged under PC 266i(b)(1) or 266i(b)(2) can trigger a third strike for the defendant.
Collateral punishment: A conviction of any pandering crime can subject the defendant to other punishments besides prison, including: harsh probation or parole terms, criminal protective orders (restraining orders), fines, restitution, loss of employment or immigration status, civil lawsuits, and more.
Note: PC 266i(a) is considered a crime of moral turpitude, which means that pandering is considered a morally wrong act and carries special punishments for non-U.S. citizens and defendant who possess professional licenses (i.e. doctors, dentists, lawyers, etc.).
Defense of PC 266i(a) Crimes
Common defenses to pandering charges include: insufficient evidence (to prove that the defendant intended another person to engage in prostitution), mistake of fact, coerced confession, statute of limitations, double jeopardy, and more.
If you have been charged with pandering, or penal code 266i(a), contact our sex crimes criminal defense attorneys to learn your rights and options without delay. Our attorneys are available twenty-four hours a day, seven days a week to answer all of your questions. Call today!
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Pandering Defense PC 266i(a)
- Annoying a Child
- Child Pornography
- Continuous Abuse
- Criminal Threats
- Domestic Battery
- Drunk in Public
- Elder Theft
- Evading Police
- False Personation
- Human Trafficking
- Indecent Exposure
- Lewd Acts
- Oral Copulation
- Sexual Assault
- Sexual Battery
- Sexual Penetration
- Spousal Rape
- Statutory Rape
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Crimes related to pandering (PC 266i(a))
- Hiring a panderer PC 266e
- Pandering minor over 16 years old PC 266i(b)(1)
- Pandering minor under 16 years old PC 266i(b)(2)
- Keeping a house of prostitution PC 315
- Human trafficking PC 236.1