Criminal Defense Lawyers
Pandering Law & Defense
PC 266i Crimes
Information on the crime of pandering is found at California penal code section 266i(a). Basically, pandering means to supply clients for prostitution or supply prostitutes for clients.
To prove that the defendant is guilty of pandering, the prosecutor must prove:
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 Defined: 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 sexual lewd acts with another person in exchange for some benefit such as money or services.
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)
Prison: 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.
More PC 266(i) Charges:
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.
Note: Probation sentences are not allowed in in pandering cases. In addition, , any conviction for pandering will require a prison sentence (as opposed to a jail sentence), and no part of that prison sentence may be split or suspended.
Sex offender registration: If found guilty of the crime of pandering per PC 266i(a), the defendant will be ordered to register as a sex offender with local law enforcement.
Firearm restrictions: Convictions of the crime of pandering per PC 266i(a) carries a 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 defendants who possess professional licenses (i.e. doctors, dentists, lawyers, etc.).
Defense to PC 266i(a)
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 seven days a week to answer questions. Call today!
Pimping PC 266h(a)
Prostitution PC 647(b)
Keeping a house of prostitution PC 315
Human trafficking PC 236.1
Quick Reference Sheet
Crime: Pandering of minor (16 years or older)
Code: PC 266i(b)(1) (CalCrim No. 1151)
Wobbler: No. PC 266i(b)(1) is not a wobbler; PC 266i(b)(1) is charged as a felony.
Incarceration: PC 266i(b)(1) prison sentence range: 3, 4, or 6 years.
Probation: Probation is not available in PC 266i(b)(1) cases.
PC 1170(h)): No. PC 266i(b)(1) is not subject to PC 1170(h) sentencing. This means that any incarceration ordered after a felony conviction, that is not part of a probation sentence, must be served in state prison (as opposed to a county jail), and the prison sentence may not be split or suspended.
Credits: 50% good conduct credits available.
CIMT: PC 266i(b)(1) is a crime involving moral turpitude, which means that an arrest or conviction could lead to the following:
Professional Licensing problems
Impeachment on credibility
Firearms: PC 266i(b)(1) convictions prohibit a defendant from owning or possessing a firearm.
Registration: If convicted of PC 266i(b)(1), defendant is required to register as a sex offender with law enforcement.
Bail: $150,000 (San Bernardino County)
Note: More penalties, direct or indirect, may apply. This info is created for that purpose only; accuracy is not guaranteed. No attorney/client relationship is formed by use of this info. If arrested or charged with a crime contact a lawyer without delay.
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