In Louisiana and many other states, the laws and penalties surrounding prostitution extend past engaging in sexual activities and include intentional acts of pimping and pandering. But what is pimping and pandering in Louisiana? At The Law Offices of Michael J. Vergis, we’re here to help walk you through the laws surrounding pimping and pandering as well as the penalties for these offenses.
If you or someone you know is facing charges related to pimping or pandering in Louisiana, it’s essential to seek guidance from an experienced criminal defense attorney who understands the applicable Louisiana laws. Bossier City and Shreveport sex crime defense attorney Michael J. Vergis is dedicated to helping defend against these kinds of criminal charges and will work tirelessly to protect you and your future from these allegations.
Call (318) 698-3724 or reach out online today to schedule a free consultation with Attorney Vergis regarding your case.
What is Pimping?
Pimping is the act of procuring, arranging, or receiving money from the prostitution of another person, often referred to as a prostitute or sex worker. It also involves managing or controlling individuals who engage in sex work, often for a fee.
Legal Term for Pimping
Louisiana does not have a specific statute for “pimping,” but the acts of pimping often fall under the Louisiana statutes for “inciting” and “promoting” prostitution.
According to La. R.S. § 14.83.1, inciting prostitution is the act of aiding, abetting, or assisting in a for-profit enterprise where customers are charged a fee for prostitution services, and where profits are divided between the prostitute and the person aiding in the prostitution.
Under La. R.S. § 14.83.2, promoting prostitution is the knowing and willful control of, supervision of, or management of a for-profit enterprise in which customers are charged a fee for prostitution. This is a crime regardless of how much of the fee is actually going toward the prostitution services. The penalties for these crimes vary, with significantly harsher punishments if the offense involves minors.
What is Pandering?
Pandering, in the context of sex work, is the act of procuring or persuading someone to engage in prostitution. It involves recruiting, encouraging, or compelling a person to become a sex worker. Louisiana’s pandering laws make acts of pandering illegal within the state.
Legal Definition of Pandering
Louisiana’s pandering statute, La. R.S. § 14:84, describes pandering as a variety of intentional acts in relation to sex work. Pandering is described as any of the following intentional acts:
- Enticing, placing, persuading, encouraging, or causing the entrance of someone into the practice of prostitution, either by force, threats, promises, or any other device or scheme.
- Maintaining a place where prostitution is habitually practiced.
- Detaining someone in a place of prostitution by force, threats, promises, or any other device or scheme.
- Receiving or accepting anything of value from the earnings of someone engaged in prostitution (as a substantial part of support or maintenance).
- Consenting to the person’s entrance or detention in the practice of prostitution (as the person’s parent or tutor).
- Transporting any person from one place to another for the purpose of promoting the practice of prostitution.
Once again, penalties for the crime of pandering are more severe when a minor is involved, with significant fines and lengthy prison sentences for those convicted.
What is the Difference Between Pimping and Pandering?
In Louisiana, pimping and pandering are both related to facilitating prostitution, but they differ in their specific actions. Pimping involves managing or profiting from a prostitution enterprise, including aiding, abetting, or supervising individuals engaged in sex work.
Pandering, on the other hand, involves actions aimed at encouraging or compelling someone to become a sex worker, such as enticing, persuading, or transporting individuals for prostitution. While both are serious crimes, pandering specifically includes coercion and the recruitment of individuals into prostitution, whereas pimping is more focused on the management of prostitutes.
Pimping and Pandering vs. Human Trafficking
Pimping and pandering involve facilitating prostitution through management, coercion, or encouragement of individuals to engage in sex work, typically for financial gain. Human trafficking, however, encompasses a broader and more severe scope. It involves the recruitment, transportation, transfer, harboring, or receipt of persons through force, fraud, or coercion.
This is often done for the purpose of exploitation, which can include forced labor, slavery, or sexual exploitation. Human trafficking often crosses international or state borders and can involve a range of exploitative practices beyond prostitution. As such, committing an act of pimping or pandering is a violation of Louisiana state law, but the offense of human trafficking is generally a violation of both state and federal law.
Is Pimping and Pandering a Felony?
Yes, pimping and pandering are considered felonies in Louisiana. Felony crimes often carry harsher penalties than misdemeanor crimes, including extended prison sentences and increased fines.
Additionally, if you are arrested and convicted of a felony crime in Louisiana, you could lose your right to vote or own firearms. You may also have difficulty finding employment or housing, as well as a number of other personal and professional limitations.
What is the Average Sentence for Pimping and Pandering in Louisiana?
Because they are both separate crimes, the punishment for pimping and pandering in Louisiana can vary significantly, potentially ranging anywhere from up to one year (1 year) in prison to no more than fifty years (50 years) in prison. Meanwhile, the fines for pimping and pandering can range from one thousand dollars ($1,000) to seventy-five thousand dollars ($75,000).
The sentence one receives for a pimping or pandering conviction depends on the nature of the crime and the age of the person engaged in prostitution. Below are the potential penalties for both pimping and pandering in Louisiana.
Louisiana Pimping Penalties
Below are the various punishments for inciting prostitution in Louisiana:
- Inciting prostitution involving someone over eighteen years old – up to $1,000 in fines, up to one year in jail, or both.
- Inciting prostitution involving someone between eighteen and fourteen years old – payment of up to $50,000 in fines, 15 to 50 years in prison at hard labor, or both.
- Inciting prostitution involving someone under fourteen years old – up to $75,000 in fines, 25 to 50 years in prison at hard labor, or both.
Here are the prescribed punishments for promoting prostitution in Louisiana:
- Promoting prostitution involving someone over eighteen years old – up to $5,000 in fines, up to two years in jail (with or without hard labor), or both.
- Promoting prostitution involving someone between eighteen and fourteen years old – up to $50,000 in fines, 15 to 50 years in prison at hard labor, or both.
- Promoting prostitution involving someone under fourteen years old – up to $75,000 in fines, 25 to 50 years in prison at hard labor, or both.
Louisiana Pandering Penalties
Below are the punishments for pandering in Louisiana:
- Pandering involving someone over eighteen years old – up to $5,000 in fines, up to five years in jail (with or without hard labor), or both.
- Pandering involving someone between eighteen and fourteen years old – up to $50,000 in fines, fifteen years to fifty years in prison at hard labor, or both.
- Pandering involving someone under fourteen years old – up to $75,000 in fines, twenty-five years to fifty years in prison at hard labor, or both.
Possible Defenses for Pimping and Pandering Charges
There are a number of defenses that a defendant (the person accused of the crime) could use to fight against charges of pimping and pandering in Louisiana. Some common defenses include:
- Lack of Knowledge of Prostitution: The accused did not know or could not reasonably have known that individuals under their control were engaging in prostitution.
- No Financial Gain: The accused did not receive any financial benefit from the prostitution activities of others.
- Lack of Intent: The accused did not intend to encourage or facilitate someone’s entrance into prostitution.
- Lack of Coercion: Any alleged actions to persuade or entice someone into prostitution were not coercive and were voluntary on the part of the person involved.
- Good Faith Belief: The accused had a good faith belief that their actions were lawful or that they were not engaging in activities that constitute pimping or pandering under Louisiana law.
- Mistaken Identity: The accused was mistaken for someone else who actually committed the pimping/pandering.
- Insufficient Evidence: The prosecution lacks the evidence to prove pimping or pandering actually occurred.
- Constitutional Violations: Law enforcement violated the accused individual’s constitutional rights at any point during the case.
If you’ve been accused of violating Louisiana’s pimping and pandering laws, an experienced Shreveport criminal attorney from The Law Offices of Michael J. Vergis can evaluate the charges against you and develop a unique defense strategy tailored to your specific needs.
Why You Need a Criminal Defense Lawyer for Louisiana Pimping and Pandering Charges
Being found guilty of pimping or pandering could result in a serious prison sentence, a steep fine, and a permanent mark on your criminal record, all of which could significantly affect your future. A skilled criminal defense lawyer can provide invaluable support when facing pimping and pandering charges and can help protect your future from harm.
For example, when you equip the help of a skilled attorney, they will start by thoroughly analyzing the prosecution’s evidence and investigating the circumstances surrounding the allegations. Your defense attorney will then strategize to build a solid defense tailored to the specifics of the case and can negotiate with prosecutors to potentially reduce charges or seek alternative resolutions.
Throughout the legal process, a dedicated defense lawyer like Michael J. Vergis ensures that their clients understand their rights, receive fair treatment, and are prepared for every stage of their case, aiming to achieve the best possible outcome given the circumstances. If you’re facing charges of pimping and/or pandering in Shreveport, Bossier City, or the surrounding Northwest Louisiana area, contact Michael J. Vergis today for a free consultation to discuss your case and protect your rights.
Call Shreveport-Bossier City Sex Crimes Attorney Michael J. Vergis for a Free Consultation Today
If you or someone you know has been charged with pimping, pandering, or any other sex crime in Shreveport or Bossier City, it’s crucial to seek representation from an experienced legal professional. Attorney Michael J. Vergis is a dedicated criminal defense attorney with a proven track record of defending clients against serious charges like these.
With a deep understanding of Louisiana’s legal landscape and a commitment to protecting his client’s rights, Michael J. Vergis offers personalized defense strategies, compassionate support, and aggressive advocacy to achieve the best possible outcomes for his clients. Call (318) 698-3724 or fill out our online contact form to schedule a free consultation with Attorney Vergis regarding your case today.