California Criminal Defense Blog

If you’re a cop hoping to make a pimping charge stick, you might not want to pilfer drugs from the evidence room. Such a move might discredit your testimony in the eyes of the jury.

It just happened in Contra Costa County, where prosecutors were forced to dismiss charges against a suspected madam after the state’s star witness – a California Department of Justice agent – was charged with multiple counts of theft for allegedly stealing methamphetamines, marijuana and prescription pills from evidence lockers.

And if you’re a prosecutor who wants to charge a pimp with pandering – where the target appears already to be a prostitute – you might want to wait a few months until the state high court issues its opinion on whether the "to become a prostitute" language in California Penal Code Section 266(i) includes “changing management.”

The case arose out of a sting operation in a notorious high-prostitution area off Sepulveda Boulevard in Van Nuys.

California Penal Code 266(i) pandering is a felony punishable by three, four or six years in California state prison. Prostitution in California is a misdemeanor that carries a possible six-month jail sentence, fine of up to $1000, and if a car was used under certain circumstances, license suspension (or even vehicle forfeiture).

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.