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AB-1737 Pandering.(2017-2018)

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Date Published: 01/03/2018 09:00 PM
AB1737:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1737

Introduced by Assembly Member Cunningham

January 03, 2018

An act to amend Section 266i of the Penal Code, relating to pandering.


LEGISLATIVE COUNSEL'S DIGEST


AB 1737, as introduced, Cunningham. Pandering.
Existing law makes pandering a felony, defined as procuring a person for purposes of prostitution, causing or encouraging another person to become a prostitute by promises, threats, or violence, procuring for another person a place as an inmate in a house of prostitution, procuring another person for the purpose of prostitution by fraud or duress, or receiving or giving money for procuring another person for the purpose of prostitution.
This bill would instead define pandering as arranging, causing, encouraging, inducing, persuading, or procuring another person to be a prostitute, with the intent that the other person engage in an act of prostitution. By changing the definition of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 266i of the Penal Code is amended to read:
266i.

(a)Except as provided in subdivision (b), any person who does any of the following is guilty of pandering, a felony, and shall be punishable by imprisonment in the state prison for three, four, or six years:

(1)Procures another person for the purpose of prostitution.

(2)By promises, threats, violence, or by any device or scheme, causes, induces, persuades, or encourages another person to become a prostitute.

(3)Procures for another person a place as an inmate in a house of prostitution or as an inmate of any place in which prostitution is encouraged or allowed within this state.

(4)By promises, threats, violence, or by any device or scheme, causes, induces, persuades, or encourages an inmate of a house of prostitution, or any other place in which prostitution is encouraged or allowed, to remain therein as an inmate.

(5)By fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, procures another person for the purpose of prostitution, or to enter any place in which prostitution is encouraged or allowed within this state, or to come into this state or leave this state for the purpose of prostitution.

(6)Receives or gives, or agrees to receive or give, any money or thing of value for procuring, or attempting to procure, another person for the purpose of prostitution, or to come into this state or leave this state for the purpose of prostitution.

266i.
 (a) A person who arranges, causes, encourages, induces, persuades, or procures another person to be a prostitute, with the intent that the other person engage in an act of prostitution, is guilty of pandering, a felony. Except as provided in subdivision (b), pandering shall be punishable by imprisonment in the state prison for three, four, or six years.
(b) Any person who does any of the acts described in subdivision (a) with another person who is a minor is guilty of pandering, a felony, and shall be punishable as follows:
(1) If the other person is a minor 16 years of age or older, the offense is punishable by imprisonment in the state prison for three, four, or six years.
(2) If the other person is under 16 years of age, the offense is punishable by imprisonment in the state prison for three, six, or eight years.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.