Prostitution is a charge that is, unfortunately, widely occuring here in California. Even though it is widely regarded as the “oldest profession in the world”, prostitution isn’t impervious to the law. California Law defines prostitution as the act of:
- Engaging in prostitution
- Soliciting prostitution
The basic practice of trading sex for goods or services is well-document throughout a large portion of history. California didn’t strictly enforce prostitution laws until 1961, considering the practice disorderly conduct according to the penal code.
Unfortunately, law enforcement nowadays most often use “sting” or undercover operations to capture suspected prostitutes, johns, and the middleman most often known as the “pimp”. This practice has been successfully defended by the skilled criminal defense attorneys at the Law Offices of Bradley R. Corbett using the entrapment legal defense.
Prostitution is a misdemeanor crime that can carry up to a six month jail sentence and/or fines up to $1,000. Don’t face these potential penalties alone. Call or visit us for a consultation on how we can help with your prostitution case.
Solicitation for Prostitution
The term “soliciting” basically means the attempt to lure or to try to induce or elicit. Facing a solicitation for prostitution charge means facing the prosecution’s attempt to prove that you solicited another person to engage in an act of prostitution and that you did so with specific intent. Luckily, there are many defenses that can be used to help maintain your freedom and keep you from paying fines. Some California courts have added a third burden of proof forcing the prosecution to also show that the individual being solicited must have actually received the solicitation.
If you find yourself facing a solicitation charge, don’t do so alone. Contact us to secure the skilled defense you deserve!
Pimping and Pandering
As mentioned above, pimping and pandering is another aspect of prostitution that may be prosecuted. In order to be charged with pimping and pandering, it is up to the prosecution to show that you:
- Helped solicit prostitution
- Collected payment either in full or in part for helping
This form of prosecution has increased with the expanded reach of the internet and sites such as Craigslist. The penalties associated with a pimping and pandering charge can include:
- 3-6 years in California State Prison
- $10,000 maximum fine
- Sex offender registration
The penalties for pimping and pandering involving a minor are even stricter. Don’t leave your future to chance. Get the legal counsel who will work to give you the best result possible – call the Law Offices of Bradley R. Corbett today to speak with an experienced San Diego prostitute defense attorney today.
Pimping and Pandering California Penal Code 266h and 266i
Pimping and Pandering are two different offenses that whirl around California Penal Code 647 (Prostitution Law). We will discuss first Pimping and then Pandering. There are four defenses to California Penal Code 266h and 266i.
A pimp is defined as someone who endorses their services from the street corner,, any type of media such as newspapers magazine or the internet. A prostitute is defined as a person who conducts sex and reports to their pimp. A person is guilty of pimping under Penal Code 266h is when a person 1) Finds customers that will pay for sex or 2) Collect some or all of the prostitute pay when the person played no role in looking for customers.
Pandering is a when a person encourages and tries to influence another person to remain or become a prostitute. Physical force or threats is irrelevant. There are two elements to be met. They are 1) The person encouraged or influence someone to participate in prostitutions and 2) The person made the other person available to practice prostitution.
The four defenses are 1) Entrapment 2) Insufficient Evidence 3) False Accusations 4) The person had no intent.
Entrapment happens when a undercover cop who is dressed as a prostitute or as someone in becoming a prostitute influences an innocent person into pimping or pandering.
The state has insufficient evidence to prove beyond reasonable doubt that the person was pimping or pandering. A common situation is when the officer did not have audio or video evidence.
A person is wrongfully accused because of jealousy, revenge and others that will lead a person to falsely accuse another.
The person had no intent
The person must have intent to commit, or influence prostitution. The person lacking awareness of influencing prostitution is a defense.
Regardless if the person is convicted under California Penal Code 266h or 266i it is considered to be a felony. The person will be sentenced to California State Prison between three to six years. Additionally, the person may face a maximum fine of $10,000 and be considered as a registered sex officer if the person has pimped or pandered a minor (A person under 18).