New York Criminal Lawyer Blog
After a man was arrested for trying to become a prostitute’s pimp, some lawyers have begun to question what constitutes a pimp in the first place. According to current California state law, a pimp is a person who encourages others to engage in sex activities for money who are not already doing so. A NYC Criminal Lawyer says this is pandering. While some agree this is an accurate description, in the case of the man convicted of pandering, the question becomes whether he is guilty of pandering in the first place since the woman was already working as a prostitute.
As it turns out, the prostitute was actually a police officer working undercover to catch people trying to buy sexual services. If the laws in California are changed, people trying to recruit those who are already prostitutes may no longer be charged with pandering and may receive a lesser charge which does not include any jail time. Currently, those charged with pandering may be charged with up to three years in prison. Sex crimes charges are typically reserved to those that run brothels or prostitution rings and who are actively trying to get others to become prostitutes.
The man arrested for pandering was not a pimp. He worked as a night janitor for his family’s office cleaning company. When he approached the undercover police officer he knew the area that was a known pick-up spot for prostitutes. It is unclear why the man pretended to be a pimp. He may have wanted to start a prostitution ring or was lying to seem more important to the woman. Since his release, the man has been unavailable for comment. Until the disagreement is settled between lawmakers, lawyers and community leaders, additional cases similar to the man’s case will be reviewed.
Many lawmakers insist that the laws currently in use such as pandering and solicitation are enough to keep most people who want to go into prostitution or become pimps or madams from doing so. Changing the laws would have little effect and would be a waste of time. The main argument for changes to these laws is the amount of time spent in jail. If the man had been convicted of solicitation instead of pandering, he probably would have received probation instead of jail time. Probation may have included community service, counseling sessions or paying a fine and no time spent in jail.
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