Legal Defense Against Abduction Charges in Los Angeles

Being charged with abducting a minor for prostitution is an extremely serious offense under California Penal Code § 267. This crime involves taking or enticing a minor under 18 years old away from their legal guardians with the intent of placing them into prostitution. Convictions under this law carry severe penalties, including lengthy prison sentences, hefty fines, and mandatory sex offender registration—consequences that can permanently affect your freedom and future.

If you are accused of this crime, it is critical to act quickly and secure experienced legal representation. At The Law Offices of Arash Hashemi, we know the high stakes involved in cases like these and are dedicated to providing an aggressive, strategic defense. We thoroughly investigate the facts, analyze the prosecution’s evidence, and build tailored defenses to protect your rights.

Understanding the law, the elements of the crime, and your potential defenses is essential to navigating these complex charges. Contact our office at (310) 448-1529 for a confidential consultation. We are here to fight for your rights and help secure the best possible outcome for your case.

Penal Code § 267 PC – Abducting a Minor for Prostitution

California Penal Code § 267 makes it a felony to take, entice, or detain a minor under the age of 18 with the intent to place them into prostitution or exploit them sexually. This charge is one of the most serious offenses involving minors, with harsh penalties that can include lengthy prison sentences and mandatory sex offender registration.

    Name

    Email

    Phone

    Message

    Key Elements the Prosecution Must Prove

    To secure a conviction under Penal Code § 267, the prosecution must prove the following elements beyond a reasonable doubt:

    1. Taking, Enticing, or Detaining a Minor
      The defendant must have willfully taken, enticed, or detained a minor away from their parent or legal guardian. This action can involve physical removal, persuasive actions, or other forms of coercion that led the minor away from their lawful custodian.
    2. The Minor’s Age
      The alleged victim must have been under 18 years old at the time of the offense. California law considers anyone under 18 a minor for the purposes of this statute, and this element is strictly enforced regardless of the minor’s appearance or behavior.
    3. Intent to Exploit
      The prosecution must demonstrate that the defendant acted with the specific intent to place the minor into prostitution or sexually exploit them. This means there must be clear evidence, such as statements, actions, or other conduct, showing the intent to involve the minor in such activities.

    Strict Liability for Ignorance of Age

    It is crucial to note that California law imposes strict liability regarding the age of the minor. Ignorance or mistake about the minor’s age is not a valid defense under Penal Code § 267. Even if the minor lied about their age, presented false identification, or appeared older than 18, the defendant can still be held criminally liable if the other elements of the offense are proven.

    Penalties for Abducting a Minor for Prostitution in California

    A conviction for abducting a minor for prostitution under California Penal Code § 267 carries severe penalties due to the serious nature of the crime. Individuals found guilty face a state prison sentence of 3, 6, or 8 years, depending on the circumstances of the offense. Additionally, fines of up to $15,000 may be imposed, alongside restitution to the victim.

    For cases involving intent to sexually exploit the minor, mandatory registration as a sex offender under Penal Code § 290 may be required. This registration has lifelong implications, affecting employment opportunities, housing availability, and public reputation. A conviction can significantly alter the accused’s life, emphasizing the need for a strong legal defense.

    Aggravating Factors That Increase Penalties for Abducting a Minor for Prostitution

    Certain aggravating factors can significantly enhance the penalties for a conviction under Penal Code § 267, reflecting the seriousness of the offense and its impact on the victim. Below are key factors that may result in harsher consequences:

    Human Trafficking Involvement
    If the offense involves human trafficking activities, such as recruiting, transporting, or exploiting the minor for commercial sexual purposes, additional charges under Penal Code § 236.1 may apply. A conviction for human trafficking of a minor carries severe penalties, including 8 to 20 years in state prison and fines of up to $500,000, depending on the circumstances.

    Use of Force, Threats, or Coercion
    When physical force, threats, or coercion are used to compel the minor into prostitution or sexual exploitation, harsher penalties can be imposed. These actions often lead to additional charges, such as assault, battery, or criminal threats, further increasing the potential prison sentence and fines.

    Prior Convictions
    Defendants with prior convictions for related offenses, such as pimping (Penal Code § 266h) or pandering (Penal Code § 266i), are subject to enhanced sentencing. Repeat offenders are likely to receive the maximum penalties allowed under California law.

    Crimes Involving Multiple Victims
    If the offense involves multiple minors, the court may impose consecutive sentences for each victim. This can result in significantly longer prison terms, as each charge is treated separately and added to the total sentence.

    Gang-Related Activity
    If the crime was committed to benefit a criminal street gang, sentencing enhancements under Penal Code § 186.22 may apply. These enhancements can add years to the prison sentence, reflecting the increased public safety threat posed by gang-related activities.

    Defenses to Abducting a Minor for Prostitution Charges

    Lack of Intent

    One of the most critical elements the prosecution must prove is intent. To convict you, they need to show that your actions were carried out with the intent to place the minor into prostitution or sexual exploitation. If your actions were misinterpreted or had a non-criminal purpose, your attorney can argue that there was no intent to commit a crime.

    False Accusations

    False allegations can arise from personal conflicts, misunderstandings, or even attempts to gain leverage in unrelated matters. Your defense attorney will investigate the circumstances surrounding the accusations, uncover inconsistencies in the accuser’s claims, and present evidence to challenge their credibility. Demonstrating ulterior motives or unreliable testimony can significantly weaken the prosecution’s case.

    No Knowledge of the Minor’s Age

    California law holds defendants strictly liable when a minor is involved, meaning that ignorance of the minor’s age is not typically a defense. However, your attorney may argue that the evidence presented by the prosecution is insufficient to prove you had knowledge of the minor’s age or that there was no reasonable way to determine it.

    Insufficient Evidence

    The prosecution is required to prove each element of the charges beyond a reasonable doubt. A skilled attorney can challenge the quality and reliability of the evidence, such as witness statements, surveillance footage, or electronic records. If the evidence is inconsistent, incomplete, or lacks credibility, this can create reasonable doubt and strengthen your defense.

    Violation of Constitutional Rights

    If law enforcement violated your rights during the investigation, such as conducting an illegal search or seizure, coercing statements, or failing to follow proper procedures, your attorney can file motions to suppress any unlawfully obtained evidence. This can significantly weaken the prosecution’s case and may even result in a dismissal of charges.

    Mistaken Identity

    In cases where the alleged crime involves multiple parties or unclear circumstances, it’s possible that you were mistakenly identified as the perpetrator. Your attorney can present evidence, such as an alibi, to establish that you were not involved in the incident and challenge the credibility of the prosecution’s claims.

     

    Related Offenses

    Exploitation of minors for commercial purposes may lead to charges of human trafficking under Penal Code § 236.1. This involves compelling someone, often through force, threats, or deceit, to engage in prostitution or other forms of exploitation. Penalties for human trafficking are severe, with sentences ranging from 8 to 20 years in prison and fines that can reach $500,000.

    When a case involves profiting from or persuading an individual to engage in prostitution, prosecutors may file charges of pimping or pandering under Penal Codes §§ 266h and 266i. These felony offenses carry prison sentences of up to 6 years, along with additional penalties such as mandatory sex offender registration.

    Accusations involving the endangerment of minors could result in child endangerment charges under Penal Code § 273a. This statute applies when minors are exposed to situations that risk significant physical or emotional harm. Depending on the specifics, child endangerment may be prosecuted as a misdemeanor or felony, with felony convictions resulting in up to 6 years in prison.

    When multiple offenses are charged together, sentences often run consecutively. For instance, a conviction for abducting a minor combined with human trafficking can result in back-to-back prison terms, substantially increasing the overall punishment.

    How Our Criminal Defense Attorney Can Help

    Our attorney will thoroughly investigate the facts of your case, analyzing every piece of evidence to identify inconsistencies, weaknesses, or procedural errors that can be used in your defense. We will challenge the prosecution’s case by cross-examining witnesses and scrutinizing the evidence to ensure it holds up to legal standards. If law enforcement violated your rights during the investigation, such as conducting an illegal search or seizure, we will fight to have that evidence excluded from court.

    We also focus on strategic negotiations with prosecutors to seek charge reductions or dismissals when possible. If your case goes to trial, we will build and present a strong, evidence-based defense tailored to the specifics of your situation. Our goal is to protect your freedom, limit the consequences you face, and ensure your rights are upheld at every stage of the legal process.

    Contact Our Los Angeles Sex Crime Lawyer Today

    If you are charged with abducting a minor for prostitution, it is critical to act quickly to protect your rights. These are serious accusations that require a strong and strategic defense.

    At The Law Offices of Arash Hashemi, we bring over 20 years of experience defending clients in complex criminal cases. Attorney Arash Hashemi will carefully analyze the details of your case, challenge the evidence presented by the prosecution, and build a tailored defense strategy to achieve the best possible outcome. Whether through skilled negotiation or aggressive representation in court, we are committed to fighting for your freedom and future.

    Schedule Your Consultation Today

    Arash Hashemi, a skilled Los Angeles criminal defense attorney, providing expert legal representation for clients in California.