Legal Corner

Legal definition of pandering
new2ter 11400 reads
posted

I have recently heard that even referring a provider, without compensation, could fall within the definition of pandering-- which I understand is a felony offense.  I'm curious to know what is the legal definition in CA (preferably LA) of pandering?

A criminal statute is state-wide, not per county.  Look it up under California's penal code; go to the state government site.

Pay no attention to an idiot who cites state law from the general dictionary.

Clam Digger7416 reads

new2ter stated, “I have recently heard that even referring a provider, without compensation, could fall within the definition of pandering-- which I understand is a felony offense.  I'm curious to know what is the legal definition in CA (preferably LA) of pandering?”

I cited the definition of Pandering verbatim from Barron Law Dictionary, not a “general dictionary.” I am not sure what you were referring to when you said “general dictionary.”  There is a difference between the definition of a crime and the elements of a crime as defined in the statue.  I suggest you understand the difference between the two terms before you call someone an idiot.  Making a stupid statement makes you look like an idiot.  
 
§266i CPC is the California Penal Code section for Pandering.  I have defended clients who have been charged with pandering, have you?

GaGambler8977 reads

You have to admit, your definition was not very helpful. The poster asked a legitimate question and you gave him a rather flippant response.

Clam Digger10174 reads

new2ter asked the following question: “I have recently heard that even referring a provider, without compensation, could fall within the definition of pandering-- which I understand is a felony offense.  I'm curious to know what is the legal definition in CA (preferably LA) of pandering?”  

I answered his question by providing the definition of the crime of pandering. Simply put, referring a provider without compensation is not pandering. He could read the penal code section and the volumes of related case law and the final conclusion would be that pandering is inducing any female to become a prostitute, and referring a provider without compensation is not pandering.  I gave him a very straight forward, accurate, non complicated answer. Brevity is a key component to successful communications.  

At one time there were several practicing attorneys who regularly contributed to this discussion board.  Unfortunately, most have discontinuing participating because of snide, stupid and insulting remarks from people who have no idea what they are talking about.  

A couple of years ago a thread was posted regarding a decision that was rendered in a local court in the Northeast.  There was no indication of an appeal.  Several people assumed the decision would be, “The law of the Land.”  I wrote a lengthy dissertation on case law basically dispelling the theory that the concerned decision would be case law in every court in the United States.  I even explained the appellate process and how case law becomes law. Someone responded by cited an incident that had nothing to do with case law.  He stated that “My theory” did not hold water.  He thought case law and its application was my theory.  Now you can see why such valuable contributors like Liberalman, Law Schlong and many others no longer waste their time here.

new2ter10120 reads

OK, thanks, this was the answer I was looking for...the code itself when I read it is vague.  It doesn't talk about compensation or not.  

I guess as long as I am compensated, I am ok.

new2ter9440 reads

For anyone else who's interested, here's the CA code.  Seems like depending on how you define "procuring" under (a)(1), it is general enough to get many activities (even without compensation) possibly charged, if not found guilty, of pandering.  Am I reading this right?

266i.  (a) Except as provided in subdivision (b), any person who does any of the following is guilty of pandering, a felony, and shall be punishable by imprisonment in the state prison for three, four, or six years:
  (1) Procures another person for the purpose of prostitution.
  (2) By promises, threats, violence, or by any device or scheme, causes, induces, persuades or encourages another person to become a prostitute.
  (3) Procures for another person a place as an inmate in a house of prostitution or as an inmate of any place in which prostitution is encouraged or allowed within this state.
  (4) By promises, threats, violence or by any device or scheme,
causes, induces, persuades or encourages an inmate of a house of
prostitution, or any other place in which prostitution is encouraged or allowed, to remain therein as an inmate.
  (5) By fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, procures another person for the purpose of prostitution, or to enter any place in which prostitution is encouraged or allowed within this state, or to come into this state or leave this state for the purpose of prostitution.
  (6) 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 purpose of prostitution, or to come into this state or leave this state for the purpose of prostitution.
  (b) Any person who does any of the acts described in subdivision(a) with another person who is a minor is guilty of pandering, a felony, and shall be punishable as follows:
  (1) If the other person is a minor over the age of 16 years, the offense is punishable by imprisonment in the state prison for three, four, or six years.
  (2) If the other person is under 16 years of age, the offense is punishable by imprisonment in the state prison for three, six, or eight years.

Edited to also add this.  Way it reads is it only for those under 18 or for any woman?

266.  Every person who inveigles or entices any unmarried female, of previous  chaste character, under the age of 18 years, into any house of ill fame, or of assignation, or elsewhere, for the purpose of prostitution, or to have illicit carnal connection with any man; and every person who aids or assists in such inveiglement or enticement; and every person who, by any false pretenses, false representation, or other fraudulent means, procures any female to have illicit carnal connection with any man, is punishable by imprisonment in the state prison, or by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both such fine and imprisonment.

-- Modified on 4/25/2005 10:08:13 AM

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