All forms of prostitution are illegal in California. Enticing a child into prostitution is a sex crime punishable under California Penal Code 266 (PC). Enticing a child into prostitution involves luring a child into a brothel to engage in prostitution.
Also known as carnal abuse of a child, a penal Code 266 violation is a wobbler, meaning that it can be charged as a felony or as a misdemeanor. Therefore, the specific circumstances surrounding your case will determine what type of charges you will face.
A misdemeanor conviction could have you serve time in jail of up to 1 year and fines of up to $2000. In the case of a felony conviction, you could face up to 3 years in prison with fines of up to $2000 and a mandatory sex registration for 10 years.
These penalties could be life-altering as they could make you miss out on future employment opportunities. You want to engage a criminal defense lawyer to help you navigate the judicial system and build strong defenses that will help you fight the PC 266 charges imposed against you.
Understanding Enticing a Child into Prostitution
In California, the definition of carnal abuse of a child is outlined in Penal Code Section 266, which addresses specific actions considered criminal offenses. Also known as human trafficking of children, enticing a child into prostitution is defined in the following ways:
- You are guilty of PC 266 violation if you tempt or entice a child into a brothel for the sole purpose of the minor engaging in sexual activity with another person or prostitution.
- You commit carnal abuse against a child if you fraudulently persuade or procure a child to trick them into engaging in unlawful sexual relations with other people.
Child or Minor
Under California law, a child is any person below the age of 18 years.
Procure
The meaning of procure is to unlawfully persuade a child to engage in sexual intercourse with another person other than yourself.
A PC 266 violation is considered a type of human trafficking as it involves enticing a minor into participating in prostitution. Illicit or unlawful carnal knowledge under PC 266 involves sexual intercourse and oral sex.
Entice
Enticing means luring a minor to engage in sexual activities. For example, John befriends 15-year-old Mary on Facebook and promises her to buy a really expensive phone on the condition that they meet up. When they meet, he persuades her to participate in sexual intercourse with his friend so that she will receive the phone.
Prostitution
Prostitution is a sex crime that involves the trading of sexual activities for money or any other form of benefit.
What are the Consequences for Penal Code 266 Violations?
In California, a violation of PC 266 is considered a wobbler offense. This means that the prosecution can prosecute you with a misdemeanor or a felony charge, depending on the specific circumstances of your case.
Misdemeanor PC 266
If you are charged with a misdemeanor, you could face a sentence of up to one year in jail and fines of up to $2000 upon conviction. You could also be sentenced to serve summary probation.
Felony PC 266
A felony conviction could see you serve a sentence of up to 3 years in prison and fines of up to $2000. You could also be sentenced to serve formal probation.
Mandatory Sex Offender Registration
A conviction for a PC 266 violation also requires you to register as a sex offender for up to 10 years under the Tier-one offender classification.
Additional Consequences
You could face the following repercussions in addition to the ones above:
- Civil lawsuits.
- Loss of certain rights such as child custody, adoption, child visitation, and conservatorship.
- Revocation of a massage parlor license.
- Revocation of a professional license.
Immigration Consequences for PC 266 Violations
If you are a non-U.S. citizen facing charges for enticing a minor into prostitution, your immigration status could be significantly jeopardized.
A PC 266 violation is considered a crime of moral turpitude and could lead to your deportation or inadmissibility into the country. A conviction will restrict your ability to re-enter the U.S. and have long-term implications for your immigration status.
If you have been accused of enticing a child into prostitution, you want to seek the services of a competent lawyer to help you navigate the legal framework and save your immigration status.
Legal Defenses to Penal Code 266 Violation Charges
When facing charges for enticing a child into prostitution under Penal Code 266, you have several strategies at your disposal to challenge the allegations against you. Some of the common defenses to PC 266 violation charges include the following:
- The alleged victim was not a minor.
- You are a victim of entrapment.
- You are a victim of false accusation.
- Mistaken Identity.
- Insufficient evidence.
The Alleged Victim Was Not a Minor
You are only guilty of enticing a child into prostitution if it is established that the alleged victim is a minor. However, if you can demonstrate that your victim was 18 years of age or older, you can weaken the prosecutor’s accusations against you.
Your lawyer could help you prove the alleged victim is an adult by providing evidence such as a birth certificate and identification card. This can make your argument viable and increase the chances of the charges being dismissed.
You are a Victim of Entrapment
You could also argue that you are a victim of entrapment. It is common for one to fall under the entrapment of law enforcers who work undercover to showcase certain crimes, such as child prostitution. You may have fallen victim and may have been induced to commit the offense.
If you can demonstrate that the law enforcers had a hand in your engaging in the illegal activity, you could use this evidence as a legitimate defense tactic. Entrapment is also known as luring. If you were lured to commit a crime under California law, you cannot be termed guilty of the offense, and the charges have to be dropped.
Your lawyer will help you demonstrate that you were a victim of entrapment by providing evidence of how the undercover police lured you. This evidence could be information from text messages or any other type of communication you may have used, or key witnesses who can vouch for you.
You Are A Victim Of False Accusation
You could argue that you were a victim of false accusations. It is common for one to be accused of violating Penal Code 266 falsely. The false accusations usually stem from revenge from a previous partner or spouse, anger, jealousy, an attempt to win child custody, or an attempt to win a divorce case.
Whichever the case, your attorney must establish that yours is a case of unjust allegations against you. You should, therefore, work with your legal representation to establish the truth and demonstrate that you have been wrongly accused.
Your lawyer could use an alibi and key witnesses to vouch for you to defend you and showcase that you are a victim of false allegations.
Mistaken Identity
You could be a victim of mistaken identity. People look alike, and a child may identify you as the perpetrator of the crime against them, leading to your arrest while you are not aware of the situation or you were at another place when the alleged crime was committed.
You can use the defense of mistaken identity to prove your innocence. Your lawyer could help you establish a valid alibi or a key witness to vouch for you. You could also demonstrate that you were not the perpetrator by providing evidence such as receipts for the place you were at the time of the alleged offense, CCTV footage, and text messages or emails to prove that you were not in the vicinity of the brothel or place where the child underwent carnal abuse.
Insufficient Evidence
If the prosecution does not produce sufficient evidence, it could discredit the accusations against you, and this could, in turn, result in your charges being dismissed. The prosecution must prove that:
- The alleged victim was a child.
- You knew that your victim was a minor.
- You intended to lure the minor into engaging in prostitution.
Can a Penal Code 266 Conviction be Expunged?
Expungement is the legal process by which the entry of an offense you were convicted of is removed from your criminal record. This means that if a potential employer or landlord looks you up before engaging you in employment or housing, they will not see any record of the crimes you have committed.
However, the record of the offenses you were found guilty of will still be accessible to law enforcers. And it could also be used to determine your sentence in the event that you become a subsequent offender.
You need to know that not all crimes can be expunged. If you were convicted of a misdemeanor under PC 266 and have completed your sentence or probation, you could have your conviction expunged.
However, for felony convictions, expungement is generally not available in California except in specific circumstances governed by the revised rules of "realignment" under Proposition 47. Also, if you have not completed your jail sentence or probation, then you are not eligible to have your conviction expunged.
Once your lawyer confirms your eligibility, you can file a petition to have your conviction expunged. The judge will determine after that and, at their discretion, have your conviction expunged.
How will Enticing a Child into Prostitution Offense Conviction Affect My Gun Rights?
If you are convicted of violating PC 266, you could lose your gun rights. This is the case if you have been convicted of having committed a felony. The consequences of enticing a minor into prostitution include losing your right to own, possess, or buy a gun.
Under California law, you are required to give up your gun rights if convicted of a felony. However, if you face a misdemeanor conviction, it is unlikely that your gun rights will be affected.
Is PC 266 Considered as a ‘Strike’ Offense?
Under California Three Strikes Law, enticing a minor into prostitution is not considered a ‘strike' offense. However, if you are convicted of PC 266 after having been found guilty of another felony offense, the penalties could be enhanced to a ‘strike offense’ classification.
Can a Conviction Lead to a Criminal Restraining Order?
A conviction under Penal Code 266 could lead to the issuance of a restraining order. The judge could impose a restraining order against you to protect the alleged victim or prevent any further instances of harm or harassment against the minor.
If a restraining order is imposed against you, you want to consult an attorney to understand the specific circumstances under which a criminal restraining order could be issued, what is required of you once it is issued, and the implications it may have if you do not comply with the conditions of the protective order.
Related Offenses to Enticing a Child to Prostitution
Some of the offenses that are related to the crime of enticing a child to prostitution include the following:
- Arranging a meeting with a child to engage in lewd or lascivious acts - Penal Code 288.4.
- Pimping - Penal Code 266h.
- Contacting a child to commit a felony - Penal Code 288.
Arranging a Meeting With a Child to Engage in Lewd or Lascivious Acts, Penal Code 288.4
Penal Code 288.4 makes it a crime to arrange a meeting with a child driven by your abnormal sensual interest in minors with the intention of engaging in certain sexual acts with the minor during the meeting. A conviction could have you serve up to 4 years in prison and a mandatory registration as a sex offender.
Penal Code 288.4 differs from PC 266 in terms of the number of people involved while the crime is being committed. Under PC 266, you arrange a meeting between yourself, the child, and a third party. While under Penal Code 288.4, you arrange the meeting between the minor and yourself to commit the lewd acts.
This law emphasizes the need for stringent legal measures to prevent any form of exploitation or abuse of minors, highlighting the gravity of such actions and the imperative to protect the vulnerable members of society.
Pimping, Penal Code 266h
Under Penal Code 266h, you are guilty of pimping if you receive all or a section of the income your victim obtains from their work as prostitutes. A conviction could have you serving up to 6 years in prison.
The law seeks to address and mitigate the exploitation and coercion prevalent in the sex trade industry, underscoring the significance of safeguarding the rights and dignity of individuals involved in such activities.
Unlike in a Penal Code 266h charge, the prosecution does not have to prove beyond a reasonable doubt that you received any monetary gain from the sexual activities you lured the minor into engaging in.
Contacting a Minor To Commit a Felony, Penal Code 288.3
Under PC 288.3, it is a crime for you to contact or communicate with a child with the intention of committing serious felonies or certain sex crimes under California regulations involving that child. The penalties for this offense are the same as for the felony offense you committed together with the minor, formal probation, and a fine of up to $10,000.
It is important to note that you could be charged with both PC 288.3 and PC 266 if you contacted the child and, during your meeting, sexual acts were conducted between the minor and another person. However, for the prosecution to prosecute you for both offenses, the sexual acts must have involved lewd or lascivious acts with a minor under 14 and oral copulation.
This law serves as a critical safeguard to protect minors from exploitation and abuse, emphasizing the importance of proactive legal measures to ensure the safety and well-being of vulnerable individuals within the community.
Find a Los Angeles Criminal Lawyer Near Me
Under California regulations, it is an offense to entice a minor into prostitution, and doing so can result in serving time in jail for a misdemeanor or prison time for a felony. PC 266 convictions also result in hefty fines that could be life-altering.
If you or a family member have been accused of violating Penal Code 266, you want to seek the legal counsel of an experienced attorney. The lawyer should have represented defendants accused of enticing a child into prostitution and had positive outcomes in the cases they have handled.
At The Los Angeles Criminal Defense Attorney, our lawyers are ready to take up your case and help you build defenses that will help dismiss your charges or have them reduced. Contact us today at 310-564-2605 so that we can help you learn more about the legal defenses that you could use to fight the PC 266 violation charges against you.
