Penal Code 266(h) prohibits pimping, which is defined as deriving any support or revenue from another person’s work as a prostitute. This includes managing a brothel or providing protection or services to prostitutes in exchange for a share of their earnings or proceeds. Pimping is a felony in California punishable by up to 6 years in jail or prison.
The full text of the statute reads that:
266h. (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 16 years of age or older, 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.
Examples:
- receiving money from a “call girl” after she gave oral sex to “a client.”
- using all of a prostitute’s money, that she received as a loan from a brothel, to pay rent.
- asking a prostitute for $20 after referring a friend to her for “services.”
Defenses
A defendant can fight a 266h PC by asserting a legal defense. A few common defenses are:
- entrapment,
- falsely accused, and/or
- no knowledge.
Penalties
A violation of this code section is a California felony. This is opposed to an infraction or a misdemeanor. The crime is punishable by:
- custody in jail or state prison for up to six years, or
- felony (or formal) probation.
Our California criminal defense attorneys will highlight the following in this article:
- 1. When is pimping a crime in California?
- 2. Are there legal defenses?
- 3. What are the penalties?
- 4. Are there immigration consequences?
- 5. Can a person get a conviction expunged?
- 6. Does a conviction affect gun rights?
- 7. Are there related offenses?
It is a crime for a person to: receive money or another form of compensation, from someone he knows to be a prostitute in California.
1. When is pimping a crime in California?
A prosecutor must prove the following to convict a person under California’s pimping statute:
- the defendant knew that a certain person was a prostitute, and
- one or more of the following was true:
- the money that the prostitute earned supported the defendant (either in whole or in part),
- the money loaned to the prostitute, by someone who ran a house of prostitution, supported the defendant (either in whole or in part), or
- the defendant asked for or received payment from the prostitute for soliciting prostitution customers.1
Penal Code 647b PC defines a “prostitute” as a person who:
- engages in sexual intercourse or any lewd act,
- with another person in exchange for money (or other compensation).2
A “lewd act” means physical contact of the:
- genitals,
- buttocks, or
- female breast
of either the prostitute or customer with some part of the other person’s body. This contact must be for the purpose of sexual arousal.3
“Solicit” under this statute means to:
- tempt someone,
- lure someone, or
- try to obtain something from someone.4
2. Are there legal defenses?
A defendant can try to beat a pimping charge with a legal defense.
Three common defenses are:
- entrapment,
- falsely accused, and/or
- no knowledge.
2.1. Entrapment
In many PC 266h cases, suspects are often arrested and accused after an undercover sting. Any later charges, though, must get dropped if the officer lured a suspect into committing the crime.
This “luring” is known as entrapment. It applies when police try to get a person to commit a crime by using:
- pressure,
- harassment,
- fraud, or
- threats.
Entrapment is an acceptable legal defense if:
- the accused only committed the crime,
- because of the entrapment.
2.2. Falsely accused
This is a common defense when the accused was in a romantic relationship with a prostitute. In this situation, the prostitute may have falsely accused the defendant of pimping to:
- get back at him for some reason, or
- reduce her own criminal liability.
No matter the reason, this is a good defense if the accused can show the prostitute lied.
2.3. No knowledge
Recall that a defendant can only be guilty under PC 266h if he had knowledge. This means he must have known that he was receiving money from a prostitute. Therefore, it is a defense for an accused to show he did not have this knowledge.
A pimping conviction is punishable by up to 6 years in jail or prison.
3. What are the penalties?
A violation of Penal Code 266h is a felony. The crime is punishable by:
- custody in jail or state prison for up to six years, or
- felony (or formal) probation.
Note that if a defendant is convicted of pimping a minor under the age of 18, then:
- he can face up to eight years in state prison, and
- must register for life as a California sex offender.
4. Are there immigration consequences?
A conviction of this law may have negative immigration consequences.
United States immigration law says that certain kinds of criminal convictions can lead to:
- a non-citizen being deported, and
- a non-citizen being marked “inadmissible.”
A category of “deportable” or “inadmissible” crimes includes “aggravated felonies.”5
This means that:
- if the facts show that the accused committed an aggravated felony,
- then he could be deported or get marked inadmissible.
5. Can a person get a conviction expunged?
A person convicted of this crime is entitled to an expungement if he:
- successfully completes probation, or
- completes a jail term (whichever is relevant).
If a party violates a probation term, he could still possibly get the offense expunged. But this would be in the judge’s discretion.
Under Penal Code 1203.4, an expungement releases an individual from virtually “all penalties and disabilities” arising out of the conviction.6
6. Does a conviction affect gun rights?
A conviction under this statute will have a negative effect on the defendant’s gun rights.
According to California law, convicted felons are prohibited from:
- acquiring, or
- possessing
a gun in California.
Since pimping is a felony, a defendant will lose his gun rights if convicted of the offense.
7. Are there related offenses?
There are three crimes related to pimping. These are:
- pandering – PC 266i,
- supervising or aiding a prostitute – PC 653.23, and
- human trafficking – PC 236.1.
7.1. Pandering – PC 266i
Penal Code 266i PC is the California statute that makes it a crime for a person to:
- pick up, or acquire, a prostitute, or
- convince or persuade another person to become, or continue to be, a prostitute.
Note that unlike pimping, the receipt of money is not a part of pandering. The focus is on the convincing or persuasion.
7.2. Supervising or aiding a prostitute – PC 653.23
Penal Code 653.23 PC makes it a crime to supervise or assist someone else who either:
- engages in prostitution, or
- loiters for the purpose of engaging in prostitution.
While pimping looks more at the receipt of money, this offense focuses on assistance or supervision.
7.3. Human trafficking – PC 236.1
Under Penal Code 236.1 PC, the crime of “human trafficking” in California is defined as:
- depriving someone of their freedom with the intent to obtain forced labor or services from them,
- depriving someone of their freedom with the intent to violate certain California laws concerning commercial sexual activity and the sexual exploitation of children, or
- persuading a minor to engage in a commercial sex act.
This is a more serious crime than pimping and carries harsher penalties than the same.
For additional help…
Contact us for help with your case.
For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group.
For information on pimping charges in Nevada and/or Colorado, please see our articles on:
Legal References:
- CALCRIM No. 1150 – Pimping. Judicial Council of California Criminal Jury Instructions (2017 edition).
- See same. See also People v. Hill (1980) 103 Cal.App.3d 525; People v. Romo (1962) 200 Cal.App.2d 83; and, Wooten v. Superior Court (2001) 93 Cal.App.4th 422.
- CALCRIM No. 1150 – Pimping. See also Wooten v. Superior Court, Supra.
- See People v. Smith (1955) 44 Cal.2d 77
- See INA 237 (a) (2) (A).
- California Penal Code 1203.4 PC.