Enticing a minor to prostitution is a grave criminal act in California per Penal Code 266. This crime entails enticing, coaxing, or compelling a child to participate in commercial sex. A violation of PC 266 is considered very serious by the prosecution because it involves children deemed vulnerable by the law.

If you are convicted of violating Penal Code 266, you could face severe penalties, such as imprisonment and hefty fines. You could also be deported or deemed inadmissible to the country if you are an immigrant. You could also lose your right to own or possess a firearm.

Because the consequences are severe, it is crucial that you understand the laws governing this statute, your rights, and possible defenses to challenge these accusations. If you or a family member has been accused of enticing a child to prostitution, talk to a criminal defense lawyer as soon as possible.

An experienced lawyer will defend you in court and ensure you have a fair shot at the legal system to obtain the most favorable outcome possible.

An Overview of Penal Code 266

The enticement of children for prostitution is a serious offense under California Penal Code 266. This statute outlaws any solicitation to engage a minor in sexual activities for a fee by force, fraud, or enticement.

In California, a minor is anyone who is under 18, and the consequences are much more severe for anyone who has a minor involved in any prostitution-related offenses. The rationale behind this legislation is to prevent the exploitation and abuse of children.

The prosecution works tirelessly to ensure that you face the highest penalties if you have been accused of this offense. It is important to note that you could be prosecuted under PC 266 even if there was no touching of the minor or sexual intercourse involved. Merely enticing or soliciting a minor is enough to warrant your arrest.

Defining Carnal Abuse of a Minor

Carnal abuse of a minor refers to having unlawful sexual intercourse with a child. In California, the law does not recognize consent by a minor regarding sexual activities. Therefore, any sexual contact with a minor is prohibited.

Per Penal Code 266, you could be accused of committing carnal abuse of a minor if you had unlawful intercourse with a minor by forcing or soliciting them. Even if the minor did not commit prostitution, carnal abuse of a minor is punished severely because of the age of the victim.

This type of charge can elevate your penalties to a great extent, particularly if the minor involved is under fourteen years old and specific rules and regulations for enhanced sentencing are in place. Other laws in California, such as PC 288 (Lewd acts with a minor), are charged complementarily to PC 266 to establish state policies for the protection of minors from sexual exploitation.

Defining Child Prostitution

Child prostitution refers to any sexual activity involving a minor in which a child is forced to engage in sensual activities in exchange for money or any other valuable. In California, any minor engaging in prostitution is considered a victim, regardless of whether they were forced, tricked, or driven to prostitution by circumstances such as lack of food, clothing, or shelter.

While adult prostitution is considered a misdemeanor in California, child prostitution can be charged as either a misdemeanor or felony per Penal Code 266, depending on the circumstances of your case. The statute’s main aim is to outlaw anyone from urging, encouraging, pressuring, or persuading any minor to practice prostitution.

It is also important to note that enticing a child to prostitution is not limited to touching a child for sexual purposes; it also involves any acts done directly or indirectly to cause a child to become a prostitute by the use of deception or force.

In California, efforts to end child prostitution are reflected in California’s Safe Harbor Laws, which do not treat minors as victims but rather as victims of human trafficking or exploitation. Therefore, the burden of the crime will fall on you if you solicited or promoted a child to prostitution.

Elements that A Prosecutor Must Prove

To secure a conviction under Penal Code 266, the prosecution must prove some essential elements beyond a reasonable doubt. These elements serve as the basis of your criminal charge and have to be established and presented in court for a guilty verdict. These elements include the following:

  • You Had the Intent to Entice and Persuade a Minor

The prosecutor has the burden to prove beyond a reasonable doubt that you possessed the specific intent to solicit, entice, or persuade a child into engaging in prostitution. You could express your intent through your actions, words, or any attempt to communicate or make contact with the minor to lure them to engage in illegal sexual activities.

  • You Knew that You were Dealing with a Person Under 18

The prosecution must prove that you were aware or should have been aware that the person you were persuading was under the age of 18 for them to convince the judge to convict you. You should note that criminal negligence, lack of knowledge, or ignorance of the minor’s age is not a defense in such circumstances. Therefore, even if the minor had lied about being of age or looked older, the law does not exempt you from this crime.

  • You Acted in an Enticing Manner to Lure the Minor

The prosecution must also prove that you took specific actions to lure the child into prostitution. This can be any form of contact, including offering money, fixing a meeting, or threatening or promising the minor to manipulate them into engaging in illegal sexual activities.

  • You Intended to Exploit a Minor Sexually

The prosecution must convince the court that your actions were intended to compel the minor to engage in prostitution in exchange for a fee or other valuable items. Even if the minor did not engage in any illegal sexual activities, your mere attempt or plan to engage the minor in prostitution could lead to your arrest and consequent prosecution per Penal Code 266.

Legal Consequences for Violating Penal Code 266

Per California Penal Code 266, enticing a child to prostitution is a wobbler offense. This means that the prosecution has the discretion to charge you with either a misdemeanor or a felony, depending on the circumstances of your case. Some of the potential penalties for violating Penal Code 266 include the following:

Jail Time

If you are arrested in California for violating Penal Code 266, the prosecution may charge you with a misdemeanor. Upon conviction, you could be punished to serve a sentence of up to one year in jail; the judge may also ask you to pay a fine of up to $2,000.

Prison Time

If you are charged with a felony, the judge could sentence you to serve up to three years in prison and fines of up to $2,000. The actual length of your sentence may depend on different circumstances, such as the victim's age. These strict measures are intended to act as a discouragement to any person taking advantage of children in prostitution.

Sex Offender Registration

A conviction for violating PC 266 could see you sentenced to register as a sex offender for up to ten years. This is because the crime is considered a tier-one sex offense. To register as a sex offender means that you obtain limitations on where you can live, where you can work, and your social standing in society. This is because a sex offender entry is registered in the public registry, and anyone, including potential employers or landlords, can see it.

With such penalties, you want to seek competent attorneys who will help you fight the charges against you or convince the judge to reduce your sentence by presenting solid defenses.

Immigration Consequence for Violating Penal Code 266

A conviction under Penal Code 266 could have adverse effects on your immigration status if you are not a citizen of the United States. Federal immigration law provides for deportation based on a person’s commission of a crime of moral turpitude or an aggravated felony.

Sadly, enticing a child into prostitution falls under crimes of moral turpitude, and therefore, you are liable for deportation if you are found guilty of violating PC 266 as a foreigner. Even if you have lawful permanent residence status in the U.S., you could still be deported.

Inadmissibility

If you are planning on applying for a visa, green card, or U.S. citizenship, you can be declared inadmissible if you have been convicted under PC 266. This means that you may be denied entry into the United States. Your conviction will show up on your criminal record, and immigration will consider it and keep you from obtaining a visa or citizenship.

Effects of Violating PC 266 on My Gun Rights

A conviction under section 266 of the Penal Code for enticing a child into prostitution has adverse effects on your right to bear arms. Per California law and federal law, you are prohibited to own, possess, or purchase a gun if you have been convicted of a felony.

California Penal Code 29800 prohibits any felon from legally possessing a firearm. This ban is usually indefinite. Therefore, it will be unlawful for you to regain your gun rights without a prior legal proceeding.

You could restore your gun rights if your conviction is reduced to a misdemeanor. However, if you are accused of violating PC 266, you may not be able to reinstate your gun rights.

Expungement of a Penal Code 266 Criminal Conviction

In California, expungement allows you to have your criminal conviction removed from your criminal record. However, not everybody qualifies for an expungement of their conviction. If you have been convicted of a felony of enticing a child to prostitution, you may not be eligible for an expungement of the crime in your criminal records.

You should note that the expungement of a crime does not mean that the conviction will not be on record everywhere. The police and military personnel can still access your conviction record.

For you to be eligible for an expunction, you should not have been convicted of a felony; you should have served your sentence completely and fulfilled all the requirements for your probation successfully without committing another crime.

Expunging a criminal record may come in handy when seeking employment, housing, or any other opportunity that requires a criminal background check. If your criminal record has been expunged, you can legally say that you have never been convicted.

Legal Defenses to Penal Code 266 Violation Charges Against You

If you are arraigned in court on charges of enticing a child to prostitution, per Penal Code 266, it is essential that you establish solid defenses. Your lawyer will work with you to develop strategic defenses that could have your case dismissed or charges reduced. Some of these defenses include the following:

No Child was Involved

Per Penal Code 266, sexual conduct must have been committed with a minor for you to be found guilty of the crime. However, if your lawyer can prove that the involved person was not a juvenile, it could weaken the prosecution’s case and result in the dismissal of your case or reduced charges.

Your lawyer can use this defense if the prosecution does not establish the alleged victim's age due to inadequate evidence. Your lawyer may, therefore, downplay the credibility of any evidence produced, which could lead to your charges being reduced or dropped entirely.

Entrapment

Your lawyer could argue that you are a victim of entrapment, which occurs when police officers influence or pressure you to commit a crime you would not otherwise commit. This could happen in cases under Penal Code 266 if, for example, you were forced by undercover officers or informants into enticing a minor into prostitution.

For entrapment, your lawyer must prove that the police initiated the idea to carry out the crime and that you were not inclined to commit it. If entrapment is established, the charges may be lowered or even completely dropped.

Therefore, if you had no intent to entice a child to prostitution but were instead forced, you cannot be convicted under Penal Code 266. For example, John, who owes James (an undercover police) a favor, is called upon by James to help them catch a criminal group that deals with human trafficking. John is asked to entice a child into prostitution so that he can assimilate with the group.

However, he refuses to do so, claiming it is against his morals. Therefore, James threatens him with immediate danger to his wife if he does not comply. So John is forced to entice a minor into prostitution, and during his execution of this task, he is arrested by other police officers who do not know that he was forced to commit the crime. Here, John is not guilty of PC 266 as he did not intend to commit the crime.

Falsely Accused

One of the challenges you could experience in a case of enticing a child into prostitution is false accusations. Such allegations could emerge from misunderstandings, mistaken identity, malicious motives, revenge, or jealousy. You could be a victim of such framing from an ex-partner, an enemy, or a confused eyewitness.

To defend you against these false allegations, your lawyer needs to gather information on the circumstances leading to the accusations against you and identify inconsistencies in the plaintiff’s testimonial evidence to discredit them. A detailed analysis of the circumstances, witnesses, and any other factors will be required so that your lawyer can convince the judge to acquit you of your charges.

Related Offenses

Apart from being charged with Penal Code 266, enticing a child to prostitution, other related offenses are as follows in California. These crimes are prosecuted with or for PC 266, depending on the particular circumstances of each case. They include the following:

Contacting a Minor to Commit a Felony

It is unlawful under Penal Code 288.3 to communicate with, including by electronic means, a minor to commit specific felonies, for example, involving prostitution acts. This offense can be charged if there is proof that some form of communication (phone, internet, and the like) signified the intent to involve a minor in criminal activity or sexual exploitation.

Arranging a Meeting with a Child for Lewd Purposes

It is also unlawful under Penal Code 288.4 to make an appointment with the intent of committing lewd or lascivious acts with a minor. These lewd acts could entice a child into prostitution.

Find a Criminal Defense Attorney Near Me

Being charged with enticing a child into prostitution can be overwhelming due to the severe consequences if you are declared guilty. Therefore, you want to hire experienced lawyers who will help you build solid defenses and contest your charges.

At Los Angeles Criminal Attorney, we have attorneys with vast experience defending defendants charged with PC 266 and other related offenses. Our lawyers are ready to work on your case and ensure that your rights, reputation, and future are spared.

If you or a loved one is charged with enticing a child to prostitution, do not hesitate to contact a lawyer. Call us today at 424-333-0943 to speak with one of our lawyers for free so we can begin discussing your case.