Pimping and Pandering | Penal Code § 266(h)(I)

Description

A person, 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 may be charged with Pimping, a felony. A person, who procures for another person for the purpose of prostitution a place or as an inmate of any place in which prostitution is encouraged or allowed; or by promises, threats. or encourages another person to remain; or a person who receives or gives, or agrees to receive or give, any money or thing of value for procuring, or attempting to procure, another person for the purposes of prostitution, or to come into this state or leave this state for the purposes of prostitution is may be charged with Pandering, a felony.

What does the prosecutor have to prove?

Pimping: 1. Defendant knew that another person was a prostitute.
2. Defendant lived or derived support or maintenance in whole or in part from the earnings or proceeds of the other person’s prostitution, or from money loaned or advanced to or charged against that other person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed.
Pandering: 1. Defendant procured Victim for the purpose of prostitution.
2. The procuring was accomplished by promises, threats, violence or any device or scheme.
3. Defendant procured the victim with the specific intent to influence the victim to become or continue to be a prostitute. [PC 266i(a)]

Punishment

Felony: 3years/4years/6years

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	Yes
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No