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Criminal Defense Information for Pandering (Cal. Penal Code s. 266i)

  1. What is Pandering?
  2. What are the necessary elements to be found guilty of Pandering?
  3. What is the sentence / punishment for Pandering?
  4. What are possible defenses to charges of Pandering?
  1. What is Pandering?

    A panderer is a person who procures another person for the purposes of prostitution (essentially a prostitute recruiter). There are various subtleties to the pandering law, but all of the derivations have to do with encouraging a person to become a prostitute, with or without the use of force, coercion or duress. Cal. Pen. Code s. 266i Opens in New Window

  2. What are the necessary elements to be found guilty of Pandering?

    To prove the defendant is guilty of Pandering, the state must show that the defendant:

    1. Procured a person for the purpose of prostitution;
    2. Used promises, threats, violence, or in some other way encourages another to become a prostitute;
    3. Secured for the other person a spot in a brothel or other place where prostitution takes place;
    4. Used promises, threats, violence, or in some other way secures a spot in a brothel or other place where prostitution takes place;
    5. Used fraud, duress, or abuse of any position of authority or confidence to enter a brothel or other place where prostitution takes place or to leave this state for the purpose of prostitution; or
    6. Received or gave, or agreed to receive or give, any money or other item 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.
  3. What is the sentence / punishment for Pandering?

    Pandering is a felony. If the person procured is 18 or over, the sentence is three, four, or six years in prison. Cal. Pen. Code s. 266i (a) Opens in New Window

    If the person procured is over 16 but under 18 years old, the sentence is three, four, or six years in prison. Cal. Pen. Code s. 266i (b)(1) Opens in New Window

    If the person procured is under 16 years old, the sentence is three, six, or eight years in prison. Cal. Pen. Code s. 266i (b)(2) Opens in New Window

  4. What are possible defenses to charges of Pandering?

    To prove someone committed a crime, the state (through its prosecutors) must prove beyond a reasonable doubt that the defendant committed each element of the crime. Therefore, defenses to any crime start with negating one or more of the elements of the crime. Additionally, some crimes allow for “affirmative” defenses which, if the defendant can prove the defense applies, will result in a verdict of “not guilty” even if the prosecutor proves the defendant met each of the elements of the crime.

    If the prosecutor can prove all the elements of Pandering, however, the defendant must prove that one or more justifications for his actions existed (i.e., it is the defendant’s burden to prove an affirmative defense). For Pandering, some of these justifications include:

    • Accident;
    • Alibi / Mistaken Identity;
    • Coerced Confession;
    • Double Jeopardy;
    • Duress / Threats;
    • Entrapment;
    • Insanity;
    • Mistake of Fact;
    • Necessity;
    • Statute of Limitations;
    • Unconsciousness; and
    • Voluntary / Involuntary Intoxication.
See also ProstitutionPimping.