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Criminal Defense Information for Pimping (Cal. Pen. Code s. 266h)

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

    Pimping (Cal. Pen. Code s. 266h Opens in New Window) is taking of money out of the "wages" of a prostitute or taking money to provide prostitutes for someone.

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

    To prove the defendant violated the Pimping statute, the state must show that the defendant:

    • Knows the other person is a prostitute; and one of the following:
    • Received funds from the earnings of the person's prostitution; or
    • Loaned or advanced to or charged against that person's earnings to pay for space in a brothel; or
    • Solicited or received funds for soliciting for the person.
  3. What is the sentence / punishment for Pimping?

    Pimping is a felony. If the prostitute is 18 years or older, the penalty is three, four, or six years in prison. Cal. Pen. Code s. 266h (a) Opens in New Window

    If the prostitute is over 16 but less than 18, the penalty is three, four, or six years in prison. Cal. Pen. Code s. 266h (b)(1) Opens in New Window.

    If the prostitute is under 16, the penalty is three, six, or eight years in prison. Cal. Pen. Code s. 266h (b)(2) Opens in New Window.

  4. What are possible defenses to charges of Pimping?

    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 Pimping, 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 Pimping, some of these justifications include:

    • Alibi;
    • Duress / Threats;
    • Necessity;
    • Accident;
    • Entrapment; and
    • Statute of Limitations.
See also, PanderingProstitution.