The Difference between California's Pimping and Pandering Laws
Although they are often charged together, “pimping and pandering” are actually two separate offenses. The similarities are huge -- they both revolve around the crime of prostitution and both subject an offender to the exact same penalties and punishment. However, they do prohibit slightly different conduct. So here’s a brief overview of the difference between California’s pimping and pandering laws.
On one hand, Penal Code 266h California’s pimping law prohibits “soliciting” prostitution (that is, finding customers willing to pay money in exchange for sexual acts), and/or collecting part or all of a prostitute’s pay. The bottom line is that pimping involves collecting money from either the prostitute and/or the customer.
On the other hand, Penal Code 266i California’s pandering law prohibits encouraging someone to become or remain a prostitute and/or making a prostitute available to another person. Running a prostitution service or “brothel” is the most common violation of pandering. You “pander” when you make prostitutes available for sexual services.
Both crimes are felonies, subjecting you to a state prison sentence and possible sex offender registration. This is why, if at all possible, you and your defense attorney should try to negotiate a deal to a reduced charge that doesn’t carry the types of severe penalties that are imposed in connection with California’s pimping and pandering laws.
