California's "Pimping and Pandering" Laws
Penal Code 266h & 266i PC

We're a California law firm of former cops and former prosecutors who now defend people accused of crimes. We have particular expertise defending clients accused of primping and pandering under Penal Code 266h and 266i. We prepared the following article to explain the laws, the penalties and punishment, and the most common legal defenses.

Specifically, our California criminal defense attorneys1 will address:

1. The Legal Definition of Pimping and Pandering

1.1. Penal Code 266h California's pimping law

1.2. Penal Code 266i California's pandering law

2. Defenses

2.1. Entrapment

2.2. Insufficient evidence

2.3. False accusations

2.4. Lack of criminal intent

3. Penalties, Punishment and Sentencing

3.1. Regarding minors

3.2. Professional repercussions

4. Related Offenses

4.1. Penal Code 647(b) PC -- prostitution

4.2. Penal Code 266j PC -- procuring a minor

4.3. Penal Code 288 PC -- lewd acts with a minor

4.4. Penal Code 272 PC -- contributing to the
delinquency of a minor

5. Comparing California and Nevada Pimping and Pandering Laws

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

You may also find helpful information in our related articles on California Sex Crimes; Crimes of Moral Turpitude; Penal Code 647(b) California's Prostitution Law; Penal Code 288 PC California's Lewd Acts with a Minor Law; Penal Code 272 PC California's "Contributing to the Delinquency of a Minor" Law; Felonies; Misdemeanors; Penal Code 290 PC Registration as a Sex Offender; How Criminal Convictions Can Cost California Teachers Their Teaching Credentials; Legal Aliens Face Deportation for California Criminal Convictions; California Legal Defenses; California's Legal Defense of Entrapment; and The Crime of Pandering Under Nevada Law.

1. The Legal Definition of Pimping and Pandering

Although "pimping and pandering" may sound like one offense, pimping and pandering are actually two separate California sex crimes that revolve around Penal Code 647(b) California's prostitution law.

The purpose of California's pimping and pandering laws is to discourage people from trying to increase the number of available prostitutes.2

1.1. Penal Code 266h California's pimping law

Simply put, you are guilty of "pimping" under California Penal Code 266h when you either

  1. "solicit" prostitution...that is, find customers, known as "Johns", for a prostitute and then collect a fee from that customer and/or some or all of the prostitute's pay, or
  2. collect some or all of a prostitute's pay even though you played no part in finding the customer.3

A "prostitute" is a person who engages in sexual activity for hire.  Basically, you are the boss and the prostitute is your employee.

You violate California's pimping law whenever you "pimp" a prostitute...that is, advertise his/her services...

  • from the street corner,
  • in print, such as in a newspaper, magazine, or the phonebook,
  • over the Internet on a website such as Craigslist, or
  • in a "house of prostitution", more commonly known as a brothel.

And it doesn't matter whether you have a gentle, volatile or even violent relationship with the prostitute. The fact that you act as the prostitute's agent and collect compensation is enough to convict you of this offense.

Example:  Defendant created and owned an alleged "escort" service called "Sincerely Yours".  He ran newspaper ads in order to find employees who would serve as the "escorts" and he advertised the business in the phonebook under "massage" and "escorts".  The ads read in part "Our specialty is your pleasure".

Before hiring an escort, he would personally pay them to have sexual intercourse with him to ensure that they would make adequate prostitutes...since that was really the point of his business.

The defendant set up a system that monitored each prostitute's whereabouts and their pay.  He then collected at least $50 out of every $200 each prostitute would make.

Based on this behavior, he violated Penal Code 266h by collecting money from a prostitute and for "soliciting" customers when he advertised the company's services in the phonebook.4

1.2. Penal Code 266i California's pandering law

"Pandering" is very similar to pimping.  You violate Penal Code 266i California's pandering law when you "procure"...that is, give, transport, provide, or make available...another person for the purpose of prostitution by intentionally encouraging or persuading an individual to become (or remain) a prostitute.5

Whether you use promises, threats or violence to convince the individual to become a prostitute is irrelevant.  Similarly, whether you give or receive money for giving, transporting, or providing a prostitute is not the key issue.  All the prosecutor needs to prove is that you

  1. encouraged or persuaded someone to engage in prostitution, and
  2. made that person available for the purpose of prostitution.6

And, again, this law applies to anyone involved in giving, transporting, or providing another person for the purpose prostitution. This could be done over the Internet, over the phone, on the corner, in a brothel, or via some other act or means of communication.

Example: Perhaps the most well-known pandering case involved Hollywood Madam Heidi Fleiss.  Fleiss ran a high-end prostitution service in Los Angeles, California and was known as the "madam to the stars".

Fleiss was arrested...and later convicted for pandering...based on an incident when an undercover police officer contacted Fleiss looking for prostitution services.  Fleiss arranged for four prostitutes to meet the undercover cop in a hotel room for $6,000.

The prostitutes each agreed to engage in sex when additional law enforcement agents busted into the room and arrested the prostitutes.  Because Fleiss had arranged...that is, "procured" the prostitutes...she was guilty of pandering.
2. Defenses

Despite the fact that prostitution is the "oldest profession in the world," California is always on the lookout for offenders.  Many law enforcement agencies...particularly in larger cities such as Los Angeles, San Francisco and San Diego...invest numerous resources in vice squads to find and arrest those individuals who are involved in these types of crimes.

Using

are just a few of the ways that police try to "catch" their suspects.  Yet these types of "sting operations" are often ripe for challenge, since they tend to violate peoples rights and encourage police misconduct.

Fortunately, there are a variety of legal defenses to California pimping and pandering charges that a skilled California criminal defense lawyer could present on your behalf.  Examples include (but are not limited to):

2.1. Entrapment

The California legal defense of entrapment is often a defense used in conjunction with California sex offenses...particularly those involving undercover sting operations such as pimping and pandering.

In this type of setting, entrapment occurs when a savvy undercover decoy officer...who may pose as a prostitute or as someone interested in becoming a prostitute...lures an otherwise law abiding citizen into pimping or pandering his/her services so that the prostitute can secure more work.

When this is the case...and the idea to engage in pimping or pandering was suggested by the officer...your California criminal defense attorney should definitely explore entrapment as a potential defense.7

2.2. Insufficient evidence

Oftentimes, the police rush to judgment when they are investigating a pimping or pandering case.  The result?  They obtain insufficient evidence to support a criminal conviction.

This is most often the case when the officers don't have audio or video surveillance.  When there is no recording, the result is often a "he-said, she-said" type of situation.  And in this day and age where the public is skeptical about police integrity, a lack of recording often raises a red flag for jurors who wonder whether the officer is lying or exaggerating.

Another possibility is that the officer did, in fact, witness a money exchange between a prostitute and another person.  The officer arrested the parties, assuming that a crime had just been committed.

However, this exchange could have been innocent, having nothing to do with prostitution. Perhaps the prostitute was simply "paying back" a friend who lent him/her some money or was paying for a legal service/product which he/she would receive in the future.

If the prosecutor doesn't have enough evidence to prove "beyond a reasonable doubt"...that is, to a moral certainty...that the person receiving the money was, in fact, a pimp or panderer, the judge will instruct the jury to find the defendant "not guilty" of the charged offense.

2.3. False accusations

Many innocent people get wrongfully accused of pimping and pandering.  Emotions such as jealousy, revenge and anger often lead people to make false accusations of others...or to accuse of more serious crimes than they otherwise may have committed.

For example, a prostitute may be upset with a "John"...a slang name for a prostitute client...for refusing to pay or for physically abusing him/her.  As a result, the prostitute (denying that he/she is actually engaged in prostitution) could falsely accuse the "John" of attempting to pimp or pander the individual.

And, as Rancho Cucamonga criminal defense attorney Michael Scafiddi8 explains, "There are a vast number of reasons why someone could falsely accuse an innocent individual of crime.  Our former law enforcement experience equips us with invaluable insight into investigating cases and interviewing witnesses.  This experience allows us to ensure that those false allegations are exposed and that your charges are dismissed."

2.4. You lacked criminal intent

In order to be convicted of either of these crimes, you must intend to promote, encourage or facilitate prostitution.  If you are unaware that you are engaging in or encouraging illegal behavior, you should be exonerated.

Examples:

With respect to Penal Code 266h California's pimping law, you must collect money from an individual who you know is a prostitute or engaging in prostitution before you can be convicted of this crime.

Let's say you own/manage a "strip club" and have a dancer who engages in prostitution acts outside of your view and without your knowledge...for example, in a secluded V.I.P. room.  If you do not know those acts are taking place...and are not collecting money for those services...you are not guilty of this offense.9

Similarly, with respect to Penal Code 266i California's pandering law, you must intentionally persuade or encourage a person to become or remain a prostitute.

If, for example, you and another person are speaking in "hypotheticals" just talking about how the movies, television, etc. make prostitution seem glamorous or how you're thinking about becoming a prostitute because it gives you such freedom...and this conversation leads the other person to become or remain a prostitute...you should be acquitted of this offense.  You have not intentionally persuaded or encouraged the other individual to engage in prostitution.
3. Penalties, Punishment and Sentencing

California's pimping and pandering laws are punished in the same manner.  If convicted of either Penal Code 266h or 266i, you face a felony, punishable by

  • three, four, or six years in the California state prison,10
  • a maximum $10,000 fine (and an additional fine of up to $5,000 that will be used to fund counseling centers and programs for child victims of sexual abuse),11 and
  • Penal Code 290 PC registration as a sex offender if the person who you are convicted of pimping or pandering is a minor...that is, a person under 18.12

3.1. Pimping or pandering involving minors

If the person you are accused of pimping or pandering is a minor who is under 16 years of age, you face all of the penalties above, except that the potential prison sentence rises to three, six, or eight years.13

3.2. Professional repercussions

In general, a pimping or pandering conviction could cost you your current (or a potential) job.  Most employers do not look too kindly upon a felony conviction, let alone one that carries such a negative social stigma.

But more than that, a pimping or pandering conviction could cost you your professional license as well.  This is especially true of professionals who work with children.  This is because certain criminal convictions can cost California teachers their teaching credentials.  And this unfortunately includes a conviction for pimping and/or pandering.14

4. Related Offenses

California's pimping and pandering laws are closely related to a variety of other California sex crimes.  Depending on the circumstances of the offense, these other laws could be charged in connection with or in lieu of pimping and pandering.  Some examples include (but are not limited to):

4.1. Penal Code 647(b) PC -- prostitution

You violate Penal Code 647(b) California's prostitution law anytime you either

  • engage in the act of prostitution (that is sexual intercourse or any lewd act with another person in exchange for money or other consideration), or
  • offer or agree to engage in a sexual act for money or other compensation.

A less serious offense than pimping or pandering, prostitution is a misdemeanor that carries a maximum six-month county jail sentence and a maximum $1,000 fine.15 Furthermore, prostitution does not subject you to automatic sex offender registration.

4.2. Penal Code 266j -- procuring a minor

Penal Code 266j California's law against procuring a minor is very similar to California's pimping and pandering laws.  You violate this law anytime you

  1. "procure", that is, give, transport, provide, or make available to another person a child under 16 for the purpose of engaging in any lewd act, or
  2. cause, induce, or persuade a child under 16 to engage in such acts with another person.

If convicted of this felony, you face

  • a three, six or eight year state prison sentence,
  • a maximum fine of $15,000 plus an additional $20,000 in fines towards the victims assistance program noted above, and
  • Penal Code 290 sex offender registration.

4.3. Penal Code 288 PC -- lewd acts with a minor

Penal Code 288 PC California's lewd acts with a minor law (also interchangeably referred to as California's "lewd and lascivious acts" law and child molestation) prohibits touching a child anywhere on the body...even on the outside of the clothing...if the touching is done "with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of the perpetrator or the child".16

If you "pimp or pander" a minor...and touch that child in a sexual manner for purposes or pimping or pandering that individual to another...prosecutors could additionally charge you with this serious felony offense.

A conviction subjects you to different penalties, depending on the specific facts of the case.  For more information about the potential punishment that coincides with this offense, please see our article that discusses Penal Code 288 PC California's lewd acts with a minor law.

4.4. Penal Code 272 PC -- contributing to the delinquency of a minor

Prosecutors could charge you with Penal Code 272 PC California's contributing to the delinquency of a minor law just by virtue of the fact that you pimp or pander a minor.  This is because you violate this law anytime you commit an act...or fail to perform a duty...that causes a child to become or remain a delinquent or dependant of the juvenile court.

Basically, you contribute to the delinquency of a minor anytime you "steer a minor down the wrong path".  Encouraging prostitution certainly qualifies.

A conviction for this misdemeanor subjects you to a maximum six months in a county jail and a maximum $2,500 fine.17

5. Comparing California and Nevada Pimping and Pandering Laws

The crime of pandering under Nevada law (commonly referred to as "pimping") is very similar to California's pimping and pandering laws.

Both prohibit the same type of conduct...that is, the act of encouraging another person to engage in prostitution.  You can be convicted of pandering under both states regardless of

  • whether you engage in any violence,
  • whether the person whom you pander actually engages in sexual activity, or
  • whether there is an actual exchange of money or other compensation.18

Both states also consider pimping and pandering crimes of moral turpitude, which means that even legal aliens face deportation for a conviction.19

However, California law and Nevada law differ with respect to the penalties involved with pandering a minor.  And, surprisingly, Nevada's laws are stricter.

In Nevada, pandering a child under 18 years of age (rather than California's 16 year old enhancement) subjects you up to 20 years in the state prison and to fines of up to $500,000!20

Call us for help...

For questions about California's pimping and pandering laws, or to discuss your case confidentially with one of our California criminal defense attorneys, do not hesitate to contact us at Shouse Law Group.

We have local criminal law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

Additionally, our Las Vegas Nevada criminal defense attorneys are available to answer any questions about Nevada's pimping and pandering laws.  For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.21

Legal References:

1Our California criminal defense attorneys have local Los Angeles law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier.  We have additional law offices conveniently located throughout the state in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

2People v. Hashimoto (1976) 54 Cal.App.3d 862.  ("The pandering statute [California Penal Code 266i] and Penal Code section 266h (pimping) are both designed to discourage prostitution by discouraging persons other than the prostitute from augmenting and expanding a prostitute's operation, or increasing the supply of available prostitutes.")

3California Penal Code 266h -- Pimping.  ("(a) Except as provided in subdivision (b), any person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part from the earnings or proceeds of the person's prostitution, or from money loaned or advanced to or charged against that person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or who solicits or receives compensation for soliciting for the person, is guilty of pimping, a felony, and shall be punishable by imprisonment in the state prison for three, four, or six years. (b) Any person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part from the earnings or proceeds of the person's prostitution, or from money loaned or advanced to or charged against that person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or who solicits or receives compensation for soliciting for the person, when the prostitute is a minor, is guilty of pimping a minor, a felony, and shall be punishable as follows: (1) If the person engaged in prostitution is a minor over the age of 16 years, the offense is punishable by imprisonment in the state prison for three, four, or six years. (2) If the person engaged in prostitution is under 16 years of age, the offense is punishable by imprisonment in the state prison for three, six, or eight years.")

See also California Jury Instructions, Criminal (CALJIC 10.70) -- Pimping, defined.  ("(Penal Code § 266h, subdivision (a)) [Defendant is accused [in Count[s] ] of having committed the crime of pimping in violation of section 266h, subdivision (a) of the Penal Code.] Every person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part from the earnings or proceeds of that other person's prostitution, or from money loaned or advanced to or charged against that other person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed [or] [solicits or receives compensation for soliciting for the person], is guilty of the crime of pimping in violation of Penal Code section 266h, subdivision (a). "Prostitution" is engaging in sexual intercourse or any lewd act between persons for money or other consideration. In order to prove this crime, each of the following elements must be proved: 1 The defendant knew that another person was a prostitute, and [2 That defendant lived or derived support or maintenance in whole or in part from the earnings or proceeds of the other person's prostitution, or from money loaned or advanced to or charged against that other person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed.] [or] [2 That defendant [solicited] [or] [received] compensation for soliciting customers for the prostitution services of the other person.]")

4People v. McNulty (1988) 202 Cal.App.3d 624.

5California Penal Code 266i -- Pandering.  ("(a) Except as provided in subdivision (b), any person who does any of the following is guilty of pandering, a felony, and shall be punishable by imprisonment in the state prison for three, four, or six years: (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. (b) Any person who does any of the acts described in subdivision (a) with another person who is a minor is guilty of pandering, a felony, and shall be punishable as follows: (1) If the other person is a minor over the age of 16 years, the offense is punishable by imprisonment in the state prison for three, four, or six years. (2) If the other person is under 16 years of age, the offense is punishable by imprisonment in the state prison for three, six, or eight years.")

See also CALJIC 10.71 -- Pandering, defined.  ("(Penal Code § 266i, subdivision (a)) [Defendant is accused [in Count[s] ] of having committed the crime of pandering in violation of section 266i, subdivision (a) of the Penal Code.] Every person who [with the specific intent to influence another person to [become] [or] [continue to be] a prostitute]: [procures another person for the purpose of prostitution,] [by promises, threats, violence, or by any device or scheme, causes, induces, persuades or encourages another person to become a prostitute,] [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,] [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,] [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,] [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,] is guilty of the crime of pandering in violation of section 266i, subdivision (a) of the Penal Code. "Prostitution" is engaging in sexual intercourse or any lewd act between persons for money or other consideration. In order to prove this crime, each of the following elements must be proved: [1 A person procured another person for the purpose of prostitution;] [or] [1 A person by promises, threats, violence or by any device or scheme, caused or induced, persuaded or encouraged another person to become a prostitute;] [or] [1 A person [procured for another person a place] [or] [induced, persuaded or encouraged another person to remain] as an inmate in a house of prostitution, or a place where prostitution is allowed or encouraged in this state;] [or] [1 A person [by fraud or artifice] [or] [by duress of person or goods] [or] [by abuse of any position of confidence or authority] procured another person for the purpose of prostitution, or [induced, persuaded or encouraged] another person to enter any place in which prostitution is encouraged or allowed in this state, or to enter or leave this state for the purpose of prostitution;] [or] [1 A person received or gave, or agreed to receive or give, 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 to leave this state for the purpose of prostitution;] and 2 The procuring, causing, inducing, encouraging or persuading was accomplished by [promises] [,] [threats] [,] [violence] [or] [any device or scheme] [; and 3 The person procuring, causing, inducing, persuading or encouraging engaged in that conduct with the specific intent to   influence the other person to [become] [or] [continue to be] a prostitute].")

6See same.

7CALJIC 4.61.5 -- Entrapment, defined.  ("It is permissible for law enforcement agents or officers [or persons acting under their direction, suggestion or control] to provide opportunity for the commission of a crime including reasonable, though restrained, steps to gain the confidence of suspects. It is not permissible for law enforcement agents or officers [or persons acting under their direction, suggestion or control] to induce the commission of a crime by overbearing conduct such as badgering, coaxing or cajoling, importuning, or other affirmative acts likely to induce a normally law-abiding person to commit the crime.")

8Rancho Cucamonga criminal defense attorney Michael Scafiddi uses his former experience as an Ontario Police Officer to represent clients throughout the Inland Empire including San Bernardino, Riverside, Rancho Cucamonga, Hemet, Banning, Fontana, Joshua Tree, Barstow, Palm Springs and Victorville.

9Wooten v. Superior Court (2001) 93 Cal.App.4th 422.

10See California Penal Codes 266h and 266i PC, California's pimping and pandering laws, endnotes 3 and 5, above.

11California Penal Code 672 PC -- Offenses for which no fine prescribed; fine authorized in addition to imprisonment.  ("Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies, in addition to the imprisonment prescribed.")

See also Penal Code 266k PC -- Additional fine on conviction for pimping, pandering, procurement of child under age 16, or abduction of person under 18 for the purpose of prostitution; deposit or grant of funds; administrative cost of collection.  ("(a) Upon the conviction of any person for a violation of Section 266h or 266i, the court may, in addition to any other penalty or fine imposed, order the defendant to pay an additional fine not to exceed five thousand dollars ($5,000). In setting the amount of the fine, the court shall consider any relevant factors including, but not limited to, the seriousness and gravity of the offense and the circumstances of its commission, whether the defendant derived any economic gain as the result of the crime, and the extent to which the victim suffered losses as a result of the crime. Every fine imposed and collected under this section shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs under Section 13837. (b) Upon the conviction of any person for a violation of Section 266j or 267, the court may, in addition to any other penalty or fine imposed, order the defendant to pay an additional fine not to exceed twenty thousand dollars ($20,000). (c) Fifty percent of the fines collected pursuant to subdivision (b) and deposited in the Victim-Witness Assistance Fund pursuant to subdivision (a) shall be granted to community-based organizations that serve minor victims of human trafficking. (d) If the court orders a fine to be imposed pursuant to this section, the actual administrative cost of collecting that fine, not to exceed 2 percent of the total amount paid, may be paid into the general fund of the county treasury for the use and benefit of the county.")

12California Penal Code 290 PC -- Sex Offender Registration Act; lifetime duty to register within specified number of days following entrance into or moving within a jurisdiction; offenses requiring mandatory registration.  ("(a) Sections 290 to 290.023, inclusive, shall be known and may be cited as the Sex Offender Registration Act. All references to "the Act" in those sections are to the Sex Offender Registration Act. (b) Every person described in subdivision (c), for the rest of his or her life while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall be required to register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall be required to register thereafter in accordance with the Act. (c) The following persons shall be required to register: Any person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of... subdivision (b) of Section 266h [California's pimping law], subdivision (b) of Section 266i [California's pandering law]...; any statutory predecessor that includes all elements of one of the above-mentioned offenses; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the above-mentioned offenses.")

Subdivision (b) of Penal Code 266h and 266i specifically address pimping or pandering a minor.

13See California Penal Codes 266h and 266i PC, California's pimping and pandering laws, endnotes 3 and 5, above.

14California Education Code 44424 -- Conviction of crime; plea of nolo contendere; denial or termination of employment.  ("(a) Upon the conviction of the holder of any credential issued by the State Board of Education or the Commission on Teacher Credentialing of a violation, or attempted violation, of a violent or serious felony as described in Section 44346.1, or any one or more of Penal Code Sections 187 to 191, inclusive, 192 insofar as this section relates to voluntary manslaughter, 193, 194 to 217.1, inclusive, 220, 222, 244, 245, 261 to 267 [which includes Penal Code 266h and 266i California's pimping and pandering laws], inclusive, 273a, 273ab, 273d, 273f, 273g, 278, 285 to 288a, inclusive, 424, 425, 484 to 488, inclusive, insofar as these sections relate to felony convictions, 503 and 504, or of any offense involving lewd and lascivious conduct under Section 272 of the Penal Code, or any offense committed or attempted in any other state or against the laws of the United States which, if committed or attempted in this state, would have been punished as one or more of the offenses specified in this section, becoming final, the commission shall forthwith revoke the credential. (b) Upon a plea of nolo contendere as a misdemeanor to one or more of the crimes set forth in subdivision (a), all credentials held by the respondent shall be suspended until a final disposition regarding those credentials is made by the commission. Any action that the commission is permitted to take following a conviction may be taken after the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code. (c) The commission shall revoke a credential issued to a person whose employment has been denied or terminated pursuant to Section 44830.1. (d) Notwithstanding subdivision (a), a credential shall not be revoked solely on the basis that the applicant or holder has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.")

See also California Education Code 44435 -- Conviction of certain felonies as grounds for revocation by county board of education.  ("Upon the becoming final of the conviction of the holder of a certificate issued by a county board of education of a violation or attempted violation of any one or more of Penal Code Sections 187 to 191, 192 insofar as said section relates to voluntary manslaughter, 193, 194 to 232, inclusive, 244, 245, 261 to 267 [which includes Penal Code 266h and 266i California's pimping and pandering laws], inclusive, 273a, 273f, 273g, 278, 285 to 288a, both inclusive, 424, 425, 484 to 488, both inclusive, insofar as said sections relate to grand theft, 503 and 504, or of Penal Code Section 272, the county board of education shall forthwith revoke the certificate.")

15California Penal Code 647(b) -- Prostitution.  ("Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor...(b) Who solicits or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this subdivision, "prostitution" includes any lewd act between persons for money or other consideration.")

See also Penal Code 19 PC -- Punishment for misdemeanor; punishment not otherwise prescribed.  ("Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both.")

16California Penal Code 288 PC -- Lewd acts with a child. ("("(a) Any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.")

17California Penal Code 272 PC -- Contributing to the delinquency of a minor.  ("(a)(1) Every person who commits any act or omits the performance of any duty, which act or omission causes or tends to cause or encourage any person under the age of 18 years to come within the provisions of Section 300, 601, or 602 of the Welfare and Institutions Code or which act or omission contributes thereto, or any person who, by any act or omission, or by threats, commands, or persuasion, induces or endeavors to induce any person under the age of 18 years or any ward or dependent child of the juvenile court to fail or refuse to conform to a lawful order of the juvenile court, or to do or to perform any act or to follow any course of conduct or to so live as would cause or manifestly tend to cause that person to become or to remain a person within the provisions of Section 300, 601, or 602 of the Welfare and Institutions Code, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county jail for not more than one year, or by both fine and imprisonment in a county jail, or may be released on probation for a period not exceeding five years...")

18NRS 201.300 -- Pandering: Definition; penalties; exception.  ("1.  A person who: (a) Induces, persuades, encourages, inveigles, entices or compels a person to become a prostitute or to continue to engage in prostitution;      (b) By threats, violence or by any device or scheme, causes, induces, persuades, encourages, takes, places, harbors, inveigles or entices a person to become an inmate of a house of prostitution or assignation place, or any place where prostitution is practiced, encouraged or allowed; (c) By threats, violence, or by any device or scheme, by fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, or having legal charge, takes, places, harbors, inveigles, entices, persuades, encourages or procures a person to enter any place within this state in which prostitution is practiced, encouraged or allowed, for the purpose of prostitution; (d) By promises, threats, violence, or by any device or scheme, by fraud or artifice, by duress of person or goods, or abuse of any position of confidence or authority or having legal charge, takes, places, harbors, inveigles, entices, persuades, encourages or procures a person of previous chaste character to enter any place within this state in which prostitution is practiced, encouraged or allowed, for the purpose of sexual intercourse; (e) Takes or detains a person with the intent to compel the person by force, threats, menace or duress to marry him or her or any other person; or   (f) Receives, gives or agrees to receive or give any money or thing of value for procuring or attempting to procure a person to become a prostitute or to come into this state or leave this state for the purpose of prostitution, is guilty of pandering. 2.  A person who is found guilty of pandering: (a) An adult: (1) If physical force or the immediate threat of physical force is used upon the adult, is guilty of a category C felony and shall be punished as provided in NRS 193.130. (2) If no physical force or immediate threat of physical force is used upon the adult, is guilty of a category D felony and shall be punished as provided in NRS 193.130. (b) A child: (1) If physical force or the immediate threat of physical force is used upon the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and may be further punished by a fine of not more than $20,000. (2) If no physical force or immediate threat of physical force is used upon the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and may be further punished by a fine of not more than $10,000. 3.  This section does not apply to the customer of a prostitute.")

198 U.S.C. 1227(a)(2)(A) ("(a)...Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens: (A)... (i) ...Any alien who--(I) is convicted of a crime involving moral turpitude [such as California's laws prohibiting pimping and pandering] committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255(j) of this title) after the date of admission, and (II) is convicted of a crime for which a sentence of one year or longer may be imposed, is deportable. (ii)... Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.")

See also People v. Jaimez (1986) 184 Cal.App.3d 146, 150.  ("Pimping and pandering involve the corruption of others. The perpetrator of these offenses encourages, or profits from, the commission of crimes by others. The offenses evidence a readiness to do evil and are extremely repugnant to accepted moral standards.")

20See NRS 201.300 -- Pandering: Definition; penalties; exception, endnote 17, above.

See also NRS 201.352  Additional fine for pandering child and conspiring to pander child.  ("1.  If a person is convicted of a violation of any provision of NRS 201.300 to 201.340, inclusive, and the victim of the violation is a child who is: (a) At least 14 years of age but less than 18 years of age when the offense is committed, the court may, in addition to the punishment prescribed by statute for the offense and any fine imposed pursuant to subsection 2, impose a fine of not more than $100,000. (b) Less than 14 years of age when the offense is committed, the court may, in addition to the term of imprisonment prescribed by statute for the offense and any fine imposed pursuant to subsection 2, impose a fine of not more than $500,000. 2.  If a person is convicted of a violation of any provision of NRS 201.300 to 201.340, inclusive, the victim of the offense is a child when the offense is committed and the offense also involves a conspiracy to commit a violation of NRS 201.300 to 201.340, inclusive, the court may, in addition to the punishment prescribed by statute for the offense of a provision of NRS 201.300 to 201.340, inclusive, and any fine imposed pursuant to subsection 1, impose a fine of not more than $500,000. 3.  The provisions of subsections 1 and 2 do not create a separate offense but provide an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.")

21Please feel free to contact our Las Vegas Nevada criminal defense attorneys Michael Becker and Mike Castillo for any questions relating to Nevada's pimping and pandering laws. Our Nevada law offices are located in Reno and Las Vegas.

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