Enticing a Child to Prostitution under California Penal Code § 266
California Penal Code (PC) § 266 defines and penalizes the act of inducing a minor to engage in prostitution. The same statute also makes it a criminal act to procure a minor to have sexual intercourse with another person by means of fraud. Acts described under PC § 266 are more commonly known as child prostitution or human trafficking of children. However, this should be distinguished from the criminal act described under PC § 266h, pimping, and PC § 266i, pandering.
Legal Defenses
When charged with child prostitution or human trafficking of children under PC § 266, legal defenses may be raised to counter these charges. The more common legal defenses are as follows:
- The so-called "victim" was not a minor as contemplated in the statute;
- The defendant was subjected to entrapment operations; and/or
- The defendant was wrongfully accused.
Child Prostitution Explained
There are two distinct offenses found under PC § 266. In other words, there are two ways to violate this specific provision which are the following:
1. Committing a crime under PC § 266 is as follows:
- Encourages or tempts a minor to enter an establishment for prostitution; and
- Doing so to engage the child in prostitution or have the child engage in sexual intercourse with another person.
2. Committing a crime under PC § 266 is as follows:
- When a person procures the child by means of fraud; and
- This is accomplished to dupe the minor into having an "illicit carnal relationship" with someone else.
"Illicit carnal connection" or "illicit connection" are phrases that relate to illegal sexual intercourse. Nonetheless, the action might also involve oral copulation.
It is important to note that the word "procure" indicates that the defendant persuades the child to have sexual intercourse with someone other than himself/herself.
Challenging Child Prostitution Charges
A skilled criminal defense lawyer, with his experience, can utilize various defenses to dispute the charges and have the case dismissed. Legal defenses against child prostitution charges include the following:
- The so-called "victim" was not a minor as contemplated in the statute;
- The defendant was subjected to entrapment operations; and/or
- The defendant was wrongfully accused.
a.) No minor was involved
Under these statutes, an accused is only guilty if his or her intended victim was a child. This implies that proving that the victim was 18 or older is always a defense for a defense counsel.
b.) Defendant was subjected to entrapment operations
In many of these cases, people are caught and charged following an undercover sting. All further charges, however, must be dismissed if the officer enticed the subject to conduct the offense.
This "luring" is referred to as entrapment. It is an accepted legal defense if the accused can demonstrate that he or she only committed the offense as a result of the entrapment. Were it not for the enticement employed by the officer, the defendant would not have committed the crime.
c.) False Claims
There is sometimes inadequate proof because the purported victim made up the entire story or lied about the allegations. In these situations, the prosecution frequently has little or no evidence to depend on. This is most especially true when the victim has an ill motive of revenge or some other cause against the defendant.
Penalties for Child Prostitution Conviction
Child prostitution or human trafficking is a “wobbler” offense which means that it can be charged as either a felony or misdemeanor, at the discretion of the prosecutor.
If convicted as a misdemeanor, the penalty can be imprisonment in county jail for a period of up to one year and payment of a fine up to the amount of $2,000. On the other hand, if convicted of a felony charge, the penalty can be a lot more harsh being imprisonment in state prison for up to three years and payment of a fine up to the amount of $2,000.
Sex Offender Registration for Child Prostitution Conviction
Being convicted for violation of PC § 266 on child prostitution will lead to mandatory registration as a sex offender under PC § 290. As per Sex Offender Registration Act, a PC § 266 conviction classifies the offender as Tier I. As such, he/she will be required to register as a sex offender for a minimum period of ten (10) years, counted from the date of his last release from incarceration.
Immigration Consequences of Child Prostitution Conviction
Being convicted for violation of PC § 266 on child prostitution will have adverse effects on the immigration status of the defendant. As per United States Immigration laws, when a person is not a citizen of the United States and is subsequently found to have committed a crime involving moral turpitude, the conviction for the offense shall result in the defendant’s deportation or be marked as inadmissible.
Crimes involving moral turpitude, in consideration of immigration laws, include crimes involving fraud. Since one of the elements of the crime under PC § 266 is employment of fraud, a violation thereof necessarily is considered a crime involving moral turpitude.
Expungement of Child Prostitution Conviction
With all the adverse consequences that come with PC § 266 conviction, a remedy after conviction can be sought in order to mitigate its effects. One of the remedies proven to be beneficial to defendants is expungement in order to clear the defendant’s record. This can be accomplished by filing a motion before the court, with the assistance of an attorney.
Expungement, however, can only be sought if the child prostitution conviction was a misdemeanor and the defendant has already successfully completed the terms of his/ her probation terms. Given this requirement for a motion to expunge, felony convictions are automatically disqualified to avail of this relief.
Gun Rights after a Child Prostitution Conviction
Gun rights after conviction for violation of PC § 266 will depend on whether the conviction was for a misdemeanor offense or for a felony. If convicted as a misdemeanor, gun rights of the defendant are not all affected. However, if convicted of a felony charge of child prostitution, the defendant will be precluded from buying, owning, and/or possessing a firearm. This is premised on the state law which says all felons are compelled to give up their privilege related to their gun rights.
Related Offenses
Some offenses listed under the Penal Code may be similar or related to the crime of child prostitution. These offenses are as follows:
- PC § 288.3 on contacting a minor to commit a felony,
- PC § 288.4 on arranging a meeting with a minor for lewd purposes, and
- PC § 266h on pimping.
1.) Contacting a minor to commit a felony
Contacting or communicating with a person under the age of 18, knowing that or having reason to know that the person is a minor, with the purpose to commit a sex offense or other serious criminal involving that minor, is a violation under PC § 288.3.
There is a possibility that the defendant can be charged with violation of both PC § 266, child prostitution, and PC § 288.3, contacting a minor to commit a felony. This is especially true if the act of contacting a minor resulted in inducing the child to engage in sexual intercourse with another person.
2.) Arranging a meeting with a minor for lewd purposes
It is a criminal offense in California under PC § 288.4 to arrange a meeting with a child under the age of 18 with the purpose of engaging in sexual activity. The offense is punishable by up to four years of imprisonment in state prison and registration as a sex offender. The offense can be charged as either a felony or a misdemeanor.
The primary distinction between this statute and PC § 266 is the number of parties engaged. Under PC § 288.4, the accused is the one who organizes a "meeting" with the child. In PC § 266, however, the defendant is attempting to arrange a "meeting" between the minor and a third person.
3.) Pimping
If a person obtains all or part of the revenue from another person's labor as a prostitute, he or she commits the crime of pimping under PC § 266h.
What differentiates pimping from child prostitution is that in child prostitution, the prosecution does not have to prove that the defendant received profits from the sexual act.