What’s the difference between pimping and pandering?

The main difference between the related crimes of pimping and pandering are:

1. while pimping is associated with a person receiving the earnings of a prostitute,
2. pandering typically occurs when a person convinces or persuades another party to become, or continue to be, a prostitute.

The receipt of money is not a part of a pandering offense. Rather, the focus is on the convincing or persuasion.

Both offenses are considered felonies. These serious crimes are punishable by:

• three, four, or six years in state prison, and/or
• a maximum fine of $10,000.

In 1989, the State of California signed into law a misdemeanor pimping and pandering statute – California Penal Code 653.23 PC. This code section makes it a misdemeanor offense under state law for a person to supervise or aid a sex worker.

What is the crime of pimping?

Pimping is an offense usually committed by a person receiving the earnings of a prostitute.

A prosecutor must prove the following in order to convict a person of this crime:

1. the defendant knew that a certain person was a prostitute, and
2. one or more of the following is true:

• the money that the prostitute earned by engaging in a sex act of prostitution supported the defendant (either in whole or in part),
• the money loaned to the prostitute, by someone who ran a house of prostitution, supported the defendant (either in whole or in part), or
• the defendant asked for or received financial support from the prostitute for soliciting prostitution customers.

The law defines a “prostitute” as 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.

Examples of pimping include:

• receiving money from a “call girl” after she gave oral sex to “a client.”
• using all of a prostitute’s money, that she received as a loan from a brothel, to pay rent.
• asking a prostitute for $20 after referring a friend to her for “services.”

What is the crime of pandering?

Pandering is best conceptualized as the persuading of a person to become, or remain as, a prostitute.

A prosecutor must prove the following in order to convict a person of this crime:

• while intending to influence someone to become or remain as a prostitute, the accused either:
  • persuaded someone to be a prostitute,
  • used promises, threats, or violence to persuade or encourage someone to become a prostitute,
  • arranged for someone to be a prostitute in a brothel,
  • used promises, threats, or violence to encourage someone to remain as a prostitute,
  • used fraud or trickery to persuade someone to be a prostitute, to enter a place of prostitution, or to enter or leave California for the purpose of prostitution, or
  • received or gave money in exchange for someone to be a prostitute.

The term “prostitute” has the same meaning as used for the crime of pimping.

Examples of pandering include:

• paying someone $500 to become a prostitute.
• talking to a brothel and convincing them “to hire” a friend.
• threatening to hurt a person’s family members if that person stops being a prostitute.

What are the penalties for pimping and pandering?

Both crimes are charged as felonies. They are punishable by:

• three, four, or six years in state prison, and/or
• a maximum fine of $10,000.

These penalties become harsher if a person is accused of pimping or pandering a minor. More severe penalties include:

• sex offender registration if the prostitute is a minor under the age of 18, and
• facing a maximum prison sentence of eight years if the prostitute is a minor under the age of 16.

But a criminal defense lawyer may be able to negotiate the criminal charges down to a misdemeanor or a full dismissal.

Pimping v. Pandering AT-A-GLANCE

The following chart compares and contrasts pimping and pandering in California.

California Law	Pimping (PC 266h)	Pandering (PC 266i)
Definition	Deriving support/revenue from a prostitute	Encouraging someone to be a prostitute
Examples	Managing a brothel or trading protection or referrals for a prostitute’s earnings	Paying someone to work as a prostitute or asking a brothel to hire the prostitute
Penalties	Felony: Up to 6 years in prison (or 8 years if the prostitute is a minor)	Felony: Up to 6 years in prison (or 8 years if the prostitute is a minor)
Sex offender registration	Yes, if the prostitute is a minor	Yes, if the prostitute is a minor
Possibility of felony probation	Yes	Yes
Defenses	Entrapment, false accusations, or lack of knowledge of the prostitution	Entrapment, false accusations, or lack of intent to persuade
Deportable crime	Yes	Yes
Expungable crime	Yes	Yes
Firearms ban	Yes	Yes

What are California’s misdemeanor pimping and pandering laws?

Penal Code 653.23 PC is the California law that sets forth misdemeanor pimping and pandering laws.

This code section makes it a misdemeanor offense for a person to supervise or aid a prostitute. Acts that may get charged as crimes under this statute include:

• regularly speaking with a known prostitute,
• serving as a “lookout” for the prostitute to avoid run-ins with police officers and other law enforcement,
• driving with the prostitute to help her find “Johns,” and
• attempting to direct potential “clients” to the prostitute.

Accused of being a pimp or a panderer? Our criminal law and sex crimes attorneys may be able to get the pimping or pandering charges reduced or dismissed through various legal defense strategies. We have offices in Los Angeles and throughout the state of California.

See our related articles on California “solicitation of prostitution” laws (PC 647(b)), human trafficking (PC 236.1), and entrapment.

Arrested in Nevada? See our related articles on pandering (NRS 201.300(1)) and pimping (NRS 201.320).