near me
Penal Code 266h - California Pimping Laws

PENAL CODE 266H – CALIFORNIA PIMPING LAWS

Los Angeles Criminal Defense LawyerPenal Code 266(h) makes it against the law to be involved in pimping, which means making money from someone else’s work as a prostitute. This can include managing a brothel or offering protection or services to prostitutes in exchange for a portion of their earnings. Pimping is considered a serious crime in California and can result in a felony charge, with a punishment of up to 6 years in jail or prison.

266h: (a) Except as provided in subdivision (b), any person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part from the earnings or proceeds of the person’s prostitution, or from money loaned or advanced to or charged against that person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or who solicits or receives compensation for soliciting for the person, is guilty of pimping, a felony, and shall be punishable by imprisonment in the state prison for three, four, or six years.

(b) Any person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part from the earnings or proceeds of the person’s prostitution, or from money loaned or advanced to or charged against that person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or who solicits or receives compensation for soliciting for the person, when the prostitute is a minor, is guilty of pimping a minor, a felony, and shall be punishable as follows:

(1) If the person engaged in prostitution is a minor 16 years of age or older, the offense is punishable by imprisonment in the state prison for three, four, or six years.

(2) If the person engaged in prostitution is under 16 years of age, the offense is punishable by imprisonment in the state prison for three, six, or eight years.

ELEMENTS

To secure a conviction under California’s pimping law, the prosecutor needs to prove the following:

  • The defendant knew that a specific person was engaged in prostitution, and
  • One of the following conditions was met:
    • The money earned by the prostitute was used to benefit the defendant, either partially or entirely,
    • The money loaned to the prostitute, by someone running a brothel, was used to benefit the defendant, either partially or entirely, or
    • The defendant asked for or received payment from the prostitute for soliciting customers for prostitution.
See also  CALIFORNIA PENAL CODE 288A PC - ORAL COPULATION WITH A MINOR

According to Penal Code 647b PC, a “prostitute” is someone who performs sexual intercourse or any lewd act with another person in exchange for money or compensation. A “lewd act” refers to physical contact involving the genitals, buttocks, or female breast of either the prostitute or customer, with the purpose of sexual arousal.

Under this law, “solicit” means to tempt, lure, or attempt to obtain something from someone.

PENALTIES, PUNISHEMENT, SENTENCES

A violation of Penal Code 266h is considered a felony offense. The potential penalties for this crime include:

  • Incarceration in jail or state prison for a maximum of six years, or
  • Being placed on felony probation.

It is important to note that if a defendant is convicted of pimping a minor who is under the age of 18, the consequences are more severe:

  • They can face a sentence of up to eight years in state prison, and
  • They will be required to register as a California sex offender for life.

IMMIGRATION CONSEQUENCES

Being convicted under this law can have adverse immigration consequences.

Under United States immigration law, specific types of criminal convictions can result in:

  • Deportation of non-citizens, and
  • Non-citizens being deemed “inadmissible.”

One category of crimes that can lead to deportation or being marked as inadmissible is “aggravated felonies.”

In other words, if it is determined that the accused has committed an aggravated felony based on the evidence, they may face deportation or be marked as inadmissible.

CAN A PERSON GET A CONVICTION EXPUNGED?

If a person is convicted of this crime, they may be eligible for expungement if they:

    • Successfully complete probation, or
    • Complete their jail term, whichever is applicable.
See also  IS IT POSSIBLE TO AVOID SEX OFFENDER REGISTRATION IN CALIFORNIA?

Even if a probation term is violated, there is still a possibility of getting the offense expunged, although this would be at the discretion of the judge.

According to Penal Code 1203.4, an expungement relieves an individual from almost all penalties and disabilities associated with the conviction.

LEGAL DEFENSES AGAINST PIMPING CHARGES

Defendants facing a pimping charge have various legal defenses they can utilize. Three common defenses include:

  • Entrapment: In cases where individuals are arrested as a result of an undercover sting operation, charges should be dismissed if the officer induced the defendant to commit the crime. This defense of entrapment applies when the police use pressure, harassment, fraud, or threats to persuade a person into committing the offense. It is a valid defense if the accused can demonstrate that they only committed the crime due to the entrapment.
  • Falsely Accused: This defense is often used when the accused was involved in a romantic relationship with a prostitute. In such instances, the prostitute may falsely accuse the defendant of pimping either out of revenge or to minimize their own criminal liability. This defense can be effective if the accused can provide evidence showing that the prostitute lied.
  • No Knowledge: According to Penal Code 266h, a defendant can only be found guilty if they had knowledge of receiving money from a prostitute. Thus, it serves as a defense for the accused to demonstrate that they lacked this knowledge.

RELATED CRIMES

  • PanderingPenal Code 266i PC
  • Supervising or aiding a prostitute – Penal Code 653.23 PC
  • Human trafficking – Penal Code 236.1 PC
See also  CALIFORNIA PENAL CODE 261 PC - RAPE LAWS

LOS ANGELES CRIMINAL DEFENSE LAWYER CAN HELP

Facing a pimping case is a very serious matter, as convictions under PC 266h are considered felonies and come with harsh consequences such as lengthy prison sentences, a strike on your record, and potentially requiring registration as a sex offender. The impact of such a conviction can extend far beyond immediate custody and have lasting effects on your life.

In these challenging situations, having a skilled attorney is crucial.  Our PC 266h attorney, Cyrus Tabibnia, at Tabibnia Law Firm, has a successful track record of defending individuals against charges under PC 266h. He has a deep understanding of the complexities involved in these cases and is committed to mounting a strong defense on your behalf.

If you or someone you know has been accused of pimping or a related crime, seek expert legal assistance as soon as possible. Cyrus Tabibnia, a Los Angeles sex crime defense attorney, has extensive experience representing clients facing such charges. Cyrus is available 24/7 to ensure that you have the support you require during this critical period. He can provide you with valuable guidance, answer all your questions, and create the most effective defense strategy for your specific case. No matter how serious the charges may be, you don’t have to face them alone. Call the Los Angeles Pimping and Pandering Lawyer at Tabibnia Law Office today to schedule your free consultation at 866-713-2159.

Cyrus Tabibnia

Cyrus Tabibnia

Cyrus Tabibnia, also known as Shahrooz Tabibnia, is a criminal defense lawyer in Los Angeles, California. With a law degree from Loyola Law School, Los Angeles, he has been practicing law since 2005 and holds license #237348. With over 18 years of experience, Cyrus specializes in various misdemeanor and felony criminal Law including Domestic Violence, Theft Crime, Sex crime, DUI & DWI, Personal Injury, Employment Law, and Cannabis & Marijuana Drugs Law. Being bilingual in English, Persian, and Spanish enables him to effectively communicate with a diverse range of clients. From 2014 to 2018, he served as a board member of the Iranian American Bar Association. An expungement attorney in Los Angeles who can assist you in clearing your criminal record in the state of California.

    Get A Case Review Today

    Please prove you are human by selecting the cup.

    EXCELLENT rating
    Based on 39 reviews
    I would like to sincerely thank my attorney Cyrus Tabibnia and the Tabibnia Law firm for everything you have done for me and my family. Highly satisfied customers and excellent service is what you want when you hire an attorney. I was always treated with respect, if I needed anything or had any questions or concerns Mr. Tabibna was always available. I give a five-star rating as one of his clients and would honestly give a ten-star review if I could, because he is an awesome attorney worth every penny. I would highly recommend to anybody looking for a criminal defense attorney that Cyrus Tabibnia and his law firm be the one you consider
    Pharroh Knight
    Pharroh Knight
    2 April 2024
    Thank you for being so generous with your time and expertise and providing a legal consult! We really appreciate it
    Eli Elay
    Eli Elay
    6 February 2024
    My family had an urgent matter late on a Friday night. Cyrus took our call at 10p, listened to our situation, and answered all our questions. He was thorough in his explanations and addressed our concerns. What we appreciated the most was that he was not pushy and walked us through different approaches for our situation. We have not needed legal representation yet, but with Cyrus’ flexibility, transparency, and straight forwardness, we would highly recommend him.
    MICHELLE ROMAN
    MICHELLE ROMAN
    14 December 2023
    I had a DUI charge where I was having difficulties having an attorney give me the time of day to hear me about my case. I called different places and finally found Cyrus Tabibnia Law Firm a criminal Defense Attorney. I called him and he promptly returned my call. He sat down with me and listened to me, he understood my situation and gave me the peace of mind that lifted the stress I was going threw off my shoulders. He took control and walked me through everything. He explained the process of what to expect and what to do. Whenever I needed to talk to Cyrus, he made himself available to me. I was happy with the outcome of my case and would definitely recommend anyone to give Cyrus Tabibnia a call if they need a dependable criminal attorney to represent them.
    E T
    E T
    19 November 2023
    Mr. Cyrus Tabibnia has been outstanding in his knowledge and work related to legal matters. I have very much appreciated working with you.
    Rinah
    Rinah
    14 November 2023
    I have appreciated working professionally with Mr. Cyrus Tabibnia and his law firm on various cases that will assist his clients.
    Roxanna Rahban
    Roxanna Rahban
    14 November 2023
    Excellent Attorneys AND Customer service. They were patient, kind, and incredibly clear in their communications regarding my case and followed up promptly at each step of the process. I felt seen, heard and valued as a client and highly recommend this firm to anyone who is looking for kindness, professionalism and great results.
    Alexandra Sophia Marsalis
    Alexandra Sophia Marsalis
    14 November 2023
    Dedicated Attorney I have had the privilege of knowing attorney Cyrus Tabibnia since 2010, when he used to be a dedicated Board member at our local Bar Association in Los Angeles. He has always been respected by his colleagues for his legal contribution to the members of the Bar Association. While interacting with him professionally, I have found him to be a man of integrity, a competent counsel and zealous advocate for his clients in a variety of civil and criminal cases. Despite his busy professional schedule, Cyrus adheres to his family values and keeps his precious friendship with the rest of us. I am honored to call Cyrus a colleague and endorse him for the services that he offers to the public.
    Zaher Fallahi
    Zaher Fallahi
    14 November 2023
    I endorse the Tabibnia Law Firm. Mr. Tabibnia is colleague and staunch professional. He is clearly dedicated to his clients, craft, and practice. Do not hesitate to reach out to Mr. Tabibnia for services.
    Daniel Forouzan
    Daniel Forouzan
    10 November 2023

    Recent Posts

    Practice Areas

    Locations We Serve