What is pimping and pandering? They are actually two different crimes that are classified under various laws that must be abided by. Pimping, by definition, is when a prostitute’s earnings are received by somebody known as a “pimp.” Pandering, however, is when a person uses someone for prostitution. When a crime is committed related to one of these definitions, the other usually comes into play as well. For instance, when a defendant is arrested for pimping and pandering together, it is typically because they illegally convinced a woman to work as a prostitute (pandering) and proposed to share profits (pimping).
Pimping and Pandering on Felony and Misdemeanor Levels
Pimping and pandering can be charged as either a felony or a misdemeanor depending on the circumstances surrounding the case. In the case of a felony, the defendant must have procured another for the purpose of prostitution, threatened or used violence to engage a person in prostitution, caused another to come in or out of the state for prostitution, or received or gave any money to procure a person for prostitution. In California, it is also a crime to cause any woman to engage in prostitution by fraud or misrepresentation as well as take any person without their consent for the acts.
However, a misdemeanor is a bit different. In 1998, California specifically enacted laws against the pimping and pandering crimes, which made these crimes only misdemeanors. These laws made it easier to arrest and prosecute those who were working in this line of crime. In California, you can receive a misdemeanor under these laws if you direct or supervise another to engage in prostitution, or collect money earned from the crime. If you are repeatedly communicating with a person who is engaged in prostitution, watch or monitor someone, or arrange prostitution through solicitation, you can also be charged with a misdemeanor for this serious crime.
Penalties and Defenses
Of course, no matter if you receive a misdemeanor or a felony, you will have to deal with the consequences of your actions. If you are found guilty of either of these crimes, you could face many years in prison. In California, you could face anywhere from three, four, or six years in a state prison for one count of either pimping or pandering. However, this is not it – you could also face a whopping $10,000 fine. Not every state is as relaxed about the laws, however. In other states, you could face up to as much as thirty years in prison for procuring a minor to enter into the sex industry.
There are some defenses that you can try to use if you have been convicted of this crime unfairly. Some defenses include coercion, insanity, entrapment, mistake of fact, and involuntary intoxication; however, there are many more. No matter what, you should always have an attorney on your side that understands your case and can help you with every aspect. Call us today at The Law Offices of Peter Blair so we can get started on your case.