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California Penal Code § 266h(a) – Pimping

California Penal Code [CPC] §266h(a)Pimping – Pimping occurs when any person derives support or from the earnings a prostitute. The law also covers relationships where money is loaned, advanced, or charged against a prostitute by a manager of a brothel or other place where prostitution is practiced or allowed, as well as those who solicit or receive compensation for soliciting on behalf of any prostitute.

Conviction under CPC §266h(a) permits up to six years in a state prison and/or a fine of up to $10,000. If the sex worker is under the age of eighteen, however, you face eight years in prison and a $10,000 fine.

What Does California Penal Code §266h(a) [Pimping] Prohibit?

In sum, to be guilty of Pimping under CPC §266h(a), you must:

  • Know someone is a prostitute; AND,
  • Use money the prostitute earned to support yourself; OR,
  • Loan, advance, or charge money against a prostitute who works someplace prostitution occurs; OR,
  • Receive payment for soliciting customers for a prostitute.

Defining “Pimping” Under California Penal Code §266h(a)

To convict you under CPC §266h(a), the prosecutor must prove the following beyond a reasonable doubt:

  • KNEW A PERSON WAS A PROSTITUTE:[1] You knew that a specific person was a prostitute; AND,
  • MONEY SUPPORTED YOU: Money earned by the prostitute supported you, in whole or in part; OR,
  • MONEY WAS LOANED, ADVANCED, CHARGED AGAINST…: You loaned, advanced, or charged money against a person who was kept, managed, or was a prostitute in a place where prostitution occurred (with such proceeds supporting you, in whole or in part); OR,
  • ASKED FOR OR RECEIVED PAYMENT: You asked for payment or received payment for soliciting customers for the prostitute.

Example: Defendant Deke is arrested on a Downtown LA boulevard. Police accuse him of being a pimp. They say that he was attempting to persuade sex workers to become “his girls.” He insists that he never did anything more than offer to direct customers to sex workers and their real pimps for a small fee. Thus, he says, he cannot be guilty under CPC §266h(a). Should Deke be acquitted of a Pimping charge?

Conclusion: Deke asked for payment for referring customers to sex workers and their pimps. While not conventionally thought of as “pimping,” this, too, is criminalized under Section 266h. Therefore, while he did not manage sex workers or derive direct income from their business, Deke is guilty as charged.  

Penalties For Pimping Under CPC §266h(a)

If you're convicted of Pimping under CPC §266h(a), the penalty may be:

  • A term of up to six (6) years in a state prison;[2] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[3]

If the sex worker involved is under the age of eighteen (18), however, the penalty may be:

  • A term of up to eight (8) years in a state prison;[4] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[5]

As stated above, if you're convicted under Section 266h(a), you face up to six (6) years in a state prison,[6] a fine of up to $10,000 (ten-thousand dollars), or both a fine and imprisonment.[7] If the prostitute in question is under the age of eighteen (18), however, you face up to eight (8) years in state prison,[8] a $10,000 (ten-thousand dollar) fine, or both a fine and imprisonment.[9]    

Defenses Against California Penal Code §266h(a) – Pimping

Three common defenses against a charge of Pimping under CPC §266h(a) are:

You Did Not Know You Were Dealing With A Prostitute

Example: Defendant Diego works small, lawful jobs as part of the ‘gig economy.' He responds to a Craigslist ad seeking someone to act as a “money courier - no experience needed.” He gets the job. His task is to take cash between his employer's houses. He isn't told that the money represents proceeds from prostitution inside those houses. But now he's facing a charge under CPC §266h(a). Is Diego guilty? 

Conclusion: Diego was paid to move money earned illegally. But he did not know he was assisting in illicit activity. He simply takes “small, lawful jobs,” including one that required no experience. Moving the money, he believed, was legal. He had no idea that a prostitute was involved in the process at any point in this business. Diego cannot be guilty. He did not know that he was dealing with a prostitute.

You Were The Victim Of Police Misconduct

Example: Defendant Diane owns a small apartment. She permits sex workers to use it for business in exchange for a percentage of their earnings. Undercover Officer approaches Diane and guarantees that she can “make the cops go away” because she has “vice cops in her family” - if she, too, is allowed to use the apartment. Diane agrees. Now Diane is facing a charge under CPC §266h(a). Is Diane guilty? 

Conclusion: Diane did agree to allow Undercover Officer to use her house in exchange for a percentage of profits from prostitution. This is illegal under the Code Section. But Undercover Officer's guarantee would likely cause even a normally law-abiding person to commit the crime. Thus, Diane has the defense of Entrapment[10] available to her. On this basis, she is innocent. She was the victim of police misconduct.

You Have Been Falsely Accused

Example: Defendant Damian lives on a street adjacent to Western Avenue in Hollywood. Sex workers frequent his corner. Damian is also in the middle of a legal dispute with Neighbor over the border of their houses. Neighbor decides to derail Damian's claim by telling police Damian is earning income from sex workers on the corner of their street. Now Damian is facing a charge under §266h(a). Is he guilty?        

Conclusion: Damian, as the facts make clear, did nothing to violate the law. He is the victim of a plot by Neighbor, who believes that he can gain the upper hand in a battle over real estate. This alone precipitated the accusation of pimping. Damian must be acquitted. He has been falsely accused.

Related Offenses

Note: The crimes below are described generally as “related” because they're frequently charged with CPC §266h(a) and/or have common elements the prosecutor must prove beyond a reasonable doubt.

The California Penal Code includes several offenses related to Pimping:  Human Trafficking (CPC §236.1), Pandering (CPC §266i), Supervising or Aiding a Prostitute (CPC §653.23), Loitering with the Intent to Commit Prostitution (CPC §653.22(a)(1), Lewd Conduct In Public (CPC §647(a), Indecent Exposure (CPC §314), Disturbing The Peace (CPC §415) and Trespass (CPC §602(m).

Human Trafficking

Human Trafficking (CPC §236.1(a)) occurs whenever anyone deprives or violates the personal liberty of another person with the intent to obtain forced labor or services. This includes sexual exploitation of adults and minors. The crime is related to Pimping because trafficked persons are often used as a source of prostitution income, permitting the prosecution to charge you with both crimes in the same trial.

If you're convicted of Human Trafficking, the penalty may be:

  • A term of up to twelve (12) years in a state prison; OR,
  • A fine of up to $500,000 (five-hundred-thousand dollars); OR,
  • Both a fine and imprisonment.[11]

California Jury Instructions – Human Trafficking

To convict you under CPC §236.1(a), the prosecution must prove the following beyond a reasonable doubt:

You either deprived another person of personal liberty or violated that other person's personal liberty. When you acted, you intended to obtain forced labor or services, or, you when the you acted, you intended to commit or maintain a felony crime.

Example: Defendant Danny hijacks a commercial truck. He pulls Victim Vinnie, the driver, from the cab. David binds Vinnie and locks him in the back of the truck. Then he drives to a remote warehouse where the contents of the truck are sold to black market thieves. But Vinnie escapes and reports everything to police. Now David is facing a charge under CPC §236.1(a), among other allegations. Is David guilty?

Conclusion: David deprived Vinnie of personal liberty by binding him and putting him in the back of the truck. These are elements of the offense. But a remaining question is whether he did so to commit or maintain a felony. Considering that hijacking a vehicle is a form of Grand Theft, David must've intended to commit a felony crime when he bound and moved Vinnie. Thus, David is guilty of Human Trafficking.  

Pandering

Pandering (CPC §266i(a)) involves encouraging, procuring, or inducing another person to become a prostitute, or procuring another person to perform acts as a prostitute. The crime is related to Pimping because pandering often precedes acts of prostitution from which income may be derived, potentially allowing the prosecution to charge you with both crimes in the same trial.

If you're convicted of Pandering, the penalty may be: 

  • A term of up to six (6) years in a state prison;[12] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[13]

California Jury Instructions – Pandering

To convict you under CPC §266i(a), the prosecution must prove the following beyond a reasonable doubt:

You successfully persuaded or procured someone to become a prostitute or you used promises, threats, or violence to cause a person to become a prostitute or you arranged or procured a position for someone to be a prostitute in either a house of prostitution or any other place where prostitution is encouraged or allowed or you used promises, threats, or violence to cause a person to remain a prostitute in a house of prostitution or any other place where prostitution is encouraged or allowed or you used fraud, trickery, or duress or abused a position of confidence or authority to persuade or procure someone to be a prostitute or enter any place where prostitution is encouraged or allowed or you received, gave, agreed to receive, or agreed to give money or something of value in exchange for persuading, attempting to persuade, procuring, or attempting to procure someone to be a prostitute. You also intended to influence the person to be a prostitute.

Example: Defendant Dale and Victim Vera, his wife, are in dire need of money. Dale believes that Vera could make money from sex work. He cajoles her. Finally, weary of his efforts, she consents. Thus, when Vera is arrested, she reveals that her husband “put” her “up to hooking.” Police arrest Dale and charge him under CPC §266i(a). He insists they agreed to Vera's doing sex work. Is he innocent on this basis?     

Conclusion: Dale intentionally persuaded someone (his wife) to become a prostitute. This is all the law requires to violate Section 266i(a). That they agreed to Vera's sex work is beside the point. In fact, the law here punishes the decision to persuade someone to engage in the sex business. Agreement, from that perspective, is exactly what the law wishes to prevent. Dale is guilty, under these circumstances.  

Supervising/Aiding a Prostitute

Supervising/Aiding a Prostitute (CPC §§653.23(a)(1),(2)) involves directing, supervising, recruiting, or aiding another person to violate Section 647(b) or Section 653.22(a). The statute also makes it illegal to collect or receive proceeds from prostitution committed by another person in violation of CPC §647(b). The crime is related to Pimping because pimping usually involves supervising and aiding prostitutes, permitting the prosecution to charge you with both crimes in the same trial.

If you're convicted of Supervising/Aiding a Prostitute, the penalty may be:

  • A term of six (6) months in a county jail; OR,
  • A fine of up to $1,000 (one-thousand dollars); OR,
  • Both a fine and imprisonment.[14]

California Jury Instructions – Supervising/Aiding a Prostitute

To convict you under CPC §§653.23(a)(1),(2), the prosecution must prove the following beyond a reasonable doubt:

You directed, supervised, recruited, or aided another person in violating Penal Code Section 647(b) or Section 653.22(a)[15] or you collected or received proceeds from prostitution committed by another person in violation of CPC §647(b).

Example: Defendant Dawn works for Aid Society. They have a campaign to provide sex workers with health and self-defense information. But Vice Cop sees Dawn talking with sex workers one night and concludes Dawn is directing their prostitution. Dawn has also forgotten her Aid Society ID. Vice Cop charges her under §652.23(a)(2). Dawn does not believe she can be guilty on these facts. Is she correct?

Conclusion: Dawn did speak with sex workers. Perhaps she provided them with counsel. But she didn't do this to direct the activities of sex workers in violating the law. She was trying to provide them with information as part of an Aid Society program. (Her ID could easily have cleared up the issue.) It follows that Dawn is not guilty, under the circumstances. She was not trying to supervise or aid prostitutes.   

Loitering with the Intent to Commit Prostitution

Loitering with the Intent to Commit Prostitution (CPC §653.22(a)(1)) is a crime involving loitering in any public place with the intent to commit prostitution, as evidenced by acting in a way that openly demonstrates the purpose of soliciting prostitution or procuring another to commit prostitution.

If you're convicted of Loitering with the Intent to Commit Prostitution, the penalty may be:

  • A term of six (6) months in a county jail; OR,
  • A fine of up to $1,000 (one-thousand dollars); OR,
  • Both a fine and imprisonment.[16]

California Jury Instructions – Loitering with the Intent to Commit Prostitution

To convict you under CPC §653.22(a)(1), the prosecution must prove the following beyond a reasonable doubt:

You delayed or lingered in a public place and did not have a lawful purpose for being there. Additionally, your acts communicated that you intended to commit prostitution.

Example: Defendant Donice is standing on a Western Avenue corner one night. She wears shorts and a mini-T-shirt, having just left a nightclub. Donice is jumping up and waving her arms as her Uber appears. This is when Vice Cop sees her. He concludes that she's trying to get his attention because she's loitering with the intent to commit prostitution. Donice has been charged under CPC §653.22(a)(1). Is she guilty?

Conclusion: Donice lingered in a public place. This, however, is the only present element of the crime. Even though she waved her arms, was dressed in way that got Vice Cop's attention, and stood in an area known for prostitution (three pieces of evidence which might be used to conclude that she was loitering illegally), she wasn't on the corner to commit prostitution. Donice was waiting for a ride. She is innocent. 

Lewd Conduct In Public

The crime of Lewd Conduct In Public (CPC §647(a)) occurs in California whenever a person touches him- or herself (or someone else) sexually in public. The touching must involve genitals, breasts, or buttocks. There must be someone who could be offended present and the defendant must know or suspect this. Soliciting Prostitution is related to Lewd Conduct In Public because acts of prostitution often occur in public settings, permitting the prosecution to charge you with both in the same trial.

If you're convicted of Lewd Conduct In Public, the penalty may be:

  • A term of up to six (6) months in the county jail; OR,
  • A fine of up to $1,000 (one-thousand dollars); OR,
  • Both a fine and imprisonment.[17]

California Jury Instructions – Lewd Conduct In Public

To convict you under §647(a), the prosecution must prove the following beyond a reasonable doubt:

You willfully touched your, or another person's, genitals, buttocks, or (female) breast. You intended to sexually gratify yourself, or someone else, or to annoy or offend another. You were in a public place or a place open to public view at the time you did it and someone who might've been offended was present. Finally, you knew or should've known that another person who might've been offended was present.

Example: Defendant Dmitri has parked on a dark public street late one night with a sex worker. They're adjacent to an apartment building in an area known to be patrolled by police seeking prostitution arrests. Dmitri is touching the sex worker's breasts when Vice Cop drives past and sees. She charges him under §647(a). He insists he did everything he could to prevent someone from seeing them. Is he guilty?

Conclusion: Dmitri parked adjacent to a building where he knew people lived. Some of these people might've been offended by lewd conduct. Additionally, under circumstances in which police looking to prosecute sex crimes are patrolling a particular residential area, Dmitri should know that someone like Vice Cop might be present to be offended by his conduct. On these facts, Dmitri is guilty.

Indecent Exposure

In California, the crime of Indecent Exposure (CPC §314(1)) occurs when a person exposes his or her naked body or genitals in front of anyone who could be annoyed or offended by it. Indecent Exposure can happen in just about any environment. The exposure, however, must be willful and lewd. The crime is related to Soliciting Prostitution because prostitution often involves exposure to a person who could be offended by the act, permitting charges of both crimes in the same trial.

Section 314(1) permits the prosecutor to charge you with a Felony if you expose yourself inside a home or an “inhabited” building. This makes CPC §314(1) a “wobbler”[18] offense: the prosecution can charge you with a Felony or a Misdemeanor, depending on the facts. You will be charged with a Felony if you're convicted of violating CPC §314 more than once or if you're convicted of violating Section 314 after you've been convicted of Lewd Acts With A Minor, a violation of CPC §288.

If you're convicted of the Felony form of Indecent Exposure, the penalty may be:

  • A term of up to three (3) years in a state prison;[19] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both imprisonment and a fine;[20] AND,
  • The duty to register as a Sex Offender.[21]

More information can be found in the Indecent Exposure section of the Kann California Defense Group's website. If you have questions, contact any of the Kann Defense Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call goes directly to a lawyer. Guaranteed.

California Criminal Jury Instructions – Indecent Exposure

To convict you under CPC §314(1), the prosecutor must prove the following beyond a reasonable doubt:

You intended to expose your naked body or genitals near a person who might be offended or annoyed by it. You believed you would be seen, even if no one actually saw the exposure. Finally, you exposed yourself for your own sexual gratification, or someone else's, or to sexually offend someone else.

Example: Defendant Dallas is playing in a church softball game. At one point, Dallas slides into second base. He tears open his baseball pants and rips a hole in his undergarments, exposing his buttocks to the shocked crowd before he runs off the field. He swears he did not intend any offense. Nonetheless, Dallas is now facing a charge of violating §314(1). Is Dallas guilty, on these facts, or should he be acquitted?

Conclusion: Dallas exposed his naked buttocks to people who might've been offended by it (families at a church softball game). But he didn't do so intentionally; his pants ripped. Nor did he believe he'd be seen when he exposed himself, since he did so unwillingly. Dallas didn't even derive pleasure from the act or the sexual offense it generated. Only one element of the crime is present. He should be acquitted.

Disturbing The Peace

Disturbing The Peace (CPC §415) occurs in California whenever anyone unlawfully fights or challenges another person to fight in public, intentionally disturbs another person with unreasonable noise, or uses offensive words likely to provoke violence in public. The crime is related to Soliciting Prostitution because prostitution often involves disturbing noise, permitting charges of both crimes in the same trial.

If you're convicted of Disturbing The Peace, the penalty may be:

  • A term in the county jail of up to 90 (ninety) days; OR,
  • A fine of up to $400 (four hundred dollars); OR,
  • Both a fine and imprisonment.[22]

More information can be found in the Disturbing the Peace section of the Kann California Defense Group's website. If you or someone you care about has been charged with Lewd Conduct, contact us at any of our local offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. A lawyer will answer your call – and that is guaranteed.

California Criminal Jury Instructions – Disturbing The Peace

To convict you under CPC §415,[23] the prosecutor must prove the following beyond a reasonable doubt:

You unlawfully fought or challenged someone to fight and you and the other person were in a public place or building when the fight occurred or the challenge was made or you maliciously and willfully disturbed another person by causing loud and unreasonable noise and the other person was in a building or on the grounds of a school at the time or you used offensive words that were inherently likely to provoke an immediate violent reaction and when you used those words, you were in a public place, in a building, or on the grounds of a school.

Example: Defendant DeAndre is standing on a public street outside a bar when John propositions him for sex. They go into an alleyway adjacent to a low apartment building. Their loud sounds cause Victim Vinton, a resident, to call police. DeAndre is now facing, among other charges, a Disturbing the Peace allegation under CPC §415(2). Should he be convicted under these circumstances?

Conclusion: DeAndre acted willfully and maliciously (in the sense that he intentionally did a wrongful act). He disturbed someone who was inside a building at the time as well. He did so by making loud noise which would not be considered reasonable under the circumstances. These are the elements of the crime. DeAndre should be convicted of Disturbing the Peace.

Trespass

Trespass (CPC §602(m)) occurs when a building or property is entered without the owner's permission. It's usually punished as a Misdemeanor but it can be coupled with sex offenses to aggravate the sentence. The crime is related to Soliciting Prostitution because prostitution often involves illegal entry into areas or spaces, permitting charges of both crimes in the same trial.

If you're convicted of Trespass, the penalty may be:

  • A fine up to $2,000 (two-thousand dollars); OR,
  • A term in the county jail up to one (1) year; OR,
  • Both a fine and imprisonment.[24]

More information can be found in the Trespassing Laws section of the Kann California Defense Group's website. If you or someone you care about has been charged with Lewd Conduct, contact us at any of our local offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County.

California Jury Instructions – Trespass

To convict you under CPC §602(m), the prosecutor must prove the following beyond a reasonable doubt:

You willfully entered land or a building belonging to someone else without the consent of the owner, the owner's agent, or the person who had lawful possession of the property. You also occupied the land or building continuously until you were removed.

Example: Defendant Dina is a sex worker who takes John into a wooded area to perform a sex act with her. But the wooded area is owned by Victim Victoria. Seeing them together, Victoria calls police. By the time they arrive, Dina and John are gone. Victoria directs police to Dina, who soon find her on a public street. They arrest Dina for violating CPC §602(k). Is Dina innocent on these facts, as she says she is?

Conclusion: Dina willfully entered land belonging to Victoria and did not have Victoria's consent to do so. This is most of the crime. However, the rest requires remaining continuously on the property until being removed from it. Neither Dina nor John was on Victoria's property by the time police arrived. If even one element of a charge is missing, the accused must be acquitted. Dina, it follows, is innocent.

What Can I Do If I'm Charged With Pimping?

The State of California treats Pimping as a serious offense. If you're charged with Pimping, it's essential that you retain a skilled, dedicated criminal defense attorney as soon as possible. Your rights, freedom, and livelihood are at stake.

Remember, a professional criminal defense attorney may be able to:

  • Negotiate a lesser charge in a plea bargain;
  • Reduce your sentence;
  • Or even get charges dismissed completely.

The attorneys at the Kann California Law Group have an excellent understanding of the local courts and an extensive knowledge of California's criminal justice system. We can represent you in Ventura, Santa Clarita, Los Angeles, Encino, Pasadena and many other Southern California cities. 

If you or someone you know has been arrested for, or charged with, Pimping, our attorneys will analyze the facts of your case and plan a strategy that will help you obtain the best possible outcome.

Contact the Kann California Law Group today to schedule your free and confidential consultation.

References

[1] “A prostitute is a person who engages in sexual intercourse or any lewd act with another person in exchange for money or other compensation. A lewd act means physical contact of the genitals, buttocks, or female breast of either the prostitute or customer with some part of the other person's body for the purpose of sexual arousal or gratification.” See California Criminal Jury Instructions 1150 (CALRCRIM) (2020).

[2] See California Penal Code [CPC] §266h (a).

[3] See CPC §672.

[4] See CPC §266h (b) (2).

[5] See Endnote 3.

[6] See Endnote 2.

[7] See Endnote 3.

[8] See Endnote 4.

[9] See Endnote 3.

[10] See California Criminal Jury Instruction 3408 (CALCRIM) (2020).

[11] See CPC §236.1 (a).

[12] See CPC §266i (a).

[13] See Endnote 3. 

[14] See CPC §19.

[15] See CPC §653.22 (a).

[16] See above.

[17] See Endnote 4.

[18] See “Wobbler Law and Legal Definition” at USLegal.com

[19] See CPC §18 (a).

[20] See Endnote 10.

[21] See CPC §290 (c).

[22] See CPC §415.

[23] See, as well, California Criminal Jury Instructions 2689 (CALCRIM) (2020) and California Criminal Jury Instructions 2690 (CALCRIM) (2020).  

[24] See CPC §602.

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