Enticing a Child to Prostitution – California Penal Code § 266 PC

Enticing a child to engage in prostitution is a serious offense under Penal Code 266 PC. This crime involves persuading, encouraging, or facilitating a minor’s involvement in prostitution and carries severe penalties, including imprisonment, fines, and mandatory sex offender registration. It is important to understand that the prosecution does not need to prove that the minor actually engaged in prostitution; the act of enticement itself is enough for a charge.

If you are facing charges under this statute, it is crucial to start building a defense immediately to avoid the harsh consequences of a conviction. Hiring a skilled attorney to guide you through the defense process is essential. At The Law Offices of Arash Hashemi, we have been defending Los Angeles residents against various criminal charges since 2003. With over 20 years of experience, Attorney Arash Hashemi provides expert legal representation for individuals accused of enticing a child to prostitution. Our firm meticulously analyzes each case, scrutinizes the evidence, and develops a strategic defense tailored to challenge the prosecution’s claims effectively.

Early intervention by our attorney can be critical to the outcome of your case. Addressing legal challenges promptly allows for the preservation of vital evidence, the mitigation of potential damages, and engagement in negotiations that may prevent the escalation of charges.

If you or someone you know is facing charges of enticing a child to prostitution in Los Angeles, it is essential to seek experienced legal counsel immediately. Contact our office at (310) 448-1529 or fill out our online contact form to schedule a consultation. Attorney Arash Hashemi is dedicated to standing by you, providing unwavering support and strategic defense to secure the best possible outcome in your case.

Understanding Enticing a Child to Prostitution Under California Law

Enticing a child to engage in prostitution is a serious offense under California Penal Code § 266 PC. This statute is designed to protect minors from exploitation by criminalizing the act of encouraging, persuading, or procuring a minor for prostitution. Understanding the key elements of this crime is crucial for anyone facing such charges.

PC 266 criminalizes the act of enticing, persuading, or procuring a minor to engage in prostitution. This statute is part of California’s broader efforts to combat human trafficking and exploitation of minors. The law focuses on the actions taken to involve a minor in prostitution, regardless of whether the minor actually engages in the act.

What Constitutes Enticement or Persuasion?

Under Penal Code 266 PC, enticement or persuasion involves any actions taken to encourage, lure, or convince a minor to participate in prostitution. This can include:

• Offering money, gifts, or other incentives.
• Making promises of a better lifestyle or other benefits.
• Using threats, coercion, or manipulation.

Definition of a Minor

A minor, under California law, is defined as any individual under the age of 18. It is important to note that the law applies regardless of the minor’s consent or willingness; any attempt to involve someone under 18 in prostitution is illegal.

Importance of Intent in Prosecution

For a conviction under Penal Code § 266 PC, the prosecution must prove that the defendant had the intent to entice, persuade, or procure a minor for prostitution. This means demonstrating that the defendant knowingly and purposefully took actions to involve the minor in prostitution. The actual involvement of the minor in prostitution is not necessary for a charge to be filed; the focus is on the defendant’s intent and actions.

Penalties for Enticing a Child to Prostitution Conviction in California

Misdemeanor Conviction Penalties

While enticing a child to prostitution is typically charged as a felony, in some cases, it may be reduced to a misdemeanor. Penalties for a misdemeanor conviction can include:

• Imprisonment: Up to one year in county jail.
• Fines: Up to $1,000.
• Probation: Up to three years of informal probation, which may include conditions such as regular check-ins with a probation officer and participation in counseling programs.
• Mandatory Counseling: Attendance in a court-ordered counseling or rehabilitation program.
• Restraining Orders: Possible issuance of restraining or protective orders to prevent contact with the victim.

Felony Conviction Penalties

• Imprisonment: Two, three, or four years in state prison.
• Fines: Up to $10,000.
• Probation: Formal probation for at least three years, with conditions such as compliance with all laws, regular meetings with a probation officer, and participation in counseling or rehabilitation programs.
• Sex Offender Registration: Mandatory registration as a sex offender, which has significant and lifelong consequences.

Additional Penalties

• Payment of Restitution: Compensation to the victim for any financial losses or expenses incurred.
• Community Service: Completion of court-ordered community service hours.
• Restraining Orders: Issuance of protective orders to prevent further contact with the victim.
• Firearm Ban: Prohibition on owning or possessing firearms, potentially for life, depending on the severity of the case and any prior criminal history.

Enhanced Sentencing for Repeat Offenders

• Imprisonment: Additional imprisonment ranging from two to six years for repeat offenses.
• Fines: Fines for repeat offenses can increase significantly, potentially up to $15,000.

Defense Strategies for Enticing a Child to Prostitution Allegations

Disproving Intent: is crucial in defending against charges of enticing a child to prostitution. The prosecution must prove that you knowingly and purposefully acted to involve a minor in prostitution. To successfully argue lack of intent, your defense must establish:

• Misunderstood Actions: Demonstrating that your actions were misinterpreted and did not have the criminal intent required for the offense.
• Absence of Intent: Providing evidence that you had no intention of involving a minor in prostitution, such as lack of prior history or context for your actions.

Mistaken Identity: can occur when the wrong person is accused of the crime. This defense involves:

• Alibi: Providing evidence that you were not at the scene of the alleged incident. Witness testimonies, video surveillance, or other forms of proof can establish your whereabouts.
• Misidentification: Showing that another individual was responsible for the enticement. Eyewitness accounts, discrepancies in descriptions, and DNA evidence can support this claim.

Lack of Evidence: For a conviction, the prosecution must prove all elements of the crime beyond a reasonable doubt. If the evidence is weak or unreliable, the defense can argue:

• Weaknesses in Prosecution’s Case: Pointing out flaws or gaps in the prosecution’s evidence. This includes inconsistencies in witness statements or lack of physical evidence.
• Unreliable Witnesses: Challenging the credibility of the prosecution’s witnesses. Cross-examination can reveal biases, inconsistencies, or motives to lie.
• Lack of Concrete Proof: Emphasizing the absence of definitive evidence linking you to the crime. This could involve disputing the validity of electronic communications or the reliability of forensic evidence.

Entrapment: occurs when law enforcement officers induce a person to commit a crime they would not have otherwise committed. To successfully argue entrapment, the defense must establish:

• Coercion or Deception by Police: Showing that law enforcement used coercion, threats, or deceit to provoke you into committing the crime.
• No Predisposition: Demonstrating that you were not predisposed to commit the crime and that the criminal act was the result of law enforcement’s improper conduct.

Why Choose The Law Offices of Arash Hashemi?

When facing charges of enticing a child to prostitution in Los Angeles, you need a defense attorney with extensive experience and a proven track record. Our attorney, Arash Hashemi, has been an active member of The State Bar of California since December 2002. On his second day as a lawyer, he was already in court, participating in a bench trial. Over the years, he has successfully handled a wide variety of criminal cases, from simple misdemeanors to complex felonies, including those involving serious sex crimes.

Our firm has represented thousands of Californians accused of various criminal offenses and has argued cases before the California Court of Appeals. Attorney Arash Hashemi is admitted to practice before all California State Courts and the United States District Courts for the Northern, Eastern, Central, and Southern Districts of California. We bring dedication and a deep understanding of California’s criminal justice system to every case we handle.

Contact a Los Angeles Criminal Defense Attorney & Schedule Your Consultation Today

If you are facing charges of enticing a child to prostitution, don’t wait to seek legal assistance. With over 20 years of experience in criminal defense, our firm is dedicated to providing professional, effective legal representation. We understand the serious implications of these charges and are committed to protecting your rights and future.

Schedule a Consultation:

• Phone: (310) 448-1529
• Email: Contact@hashemilaw.com
• Address: The Law Offices of Arash Hashemi
• Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.