By Georgia law, pandering is defined as soliciting a person to perform a sex act with you or a third person. Additionally, someone can be charged with pandering if they assemble people at a fixed location to be solicited by others. This prostitution-related crime resembles pimping and solicitation and is a misdemeanor, although it can be a felony if the pandering involves a minor.
If you have been accused of pandering, it is vital to take prompt legal action to defend yourself—charges of this nature can have dire repercussions on every aspect of your life. Besides fines or jail time, employers, banks, and landlords will weigh the charges when deciding what to entrust to you. In Georgia, your photograph, name, and address will be published in the newspaper, adding to your embarrassment. Let us help you fight back. A Carrollton pandering lawyer at J. Ryan Brown Law can vigorously defend your rights. Call today to discuss your legal options with an experienced sex crimes attorney.
According to the Official Code of Georgia Annotated § 16-6-12 pandering combines pimping and soliciting sexual acts. Pimping is the crime of finding and negotiating with clients who will pay for sex acts with prostitutes and then facilitating the process. Pimps take a cut of the prostitutes’ earnings. Solicitation occurs when someone asks another person to engage in a sex act. Prostitution is agreeing to or engaging in sex in exchange for something of value. If someone has further questions about the difference between pimping and solicitation or what might constitute a pandering charge, they should contact a Carrollton attorney.
The Georgia Court of Appeals in Kea v. State, 344 Ga. App. 251 (2018) affirmed a pandering conviction in the case of Joseph Bernard Kea, who claimed a lack of evidence and that he did not pay an employee for sex. Kea promised to hire a woman as a secretary for his trucking company, even though she failed the typing test, if she agreed to have sex with him. She agreed. Kea continued to request sex, and the woman participated because she believed she would be fired if she said no.
The Appeals Court ruled that requiring an employee to engage in sex in exchange for employment fits the legal definition of pandering. Other examples of pandering include:
Understanding pandering charges are sometimes confusing since they touch on other elements of the crime of prostitution. Pandering charges in Carrollton are serious and should be dealt with by a tenacious attorney who seeks justice and to restore reputations.
Pandering convictions in Carrollton are high and aggravated misdemeanors and can result in a 12-month stay in the county jail, but sentences and fines will depend on the circumstances of the situation. The minimum, however, is three days in jail. Additionally, if someone is convicted for a second or subsequent time, then the crime is a felony carrying up to ten years in prison. Pandering is a felony if anyone younger than 18 is involved, and if someone involved is younger than 16, a conviction can mean up to 30 years in prison and a $100,000 fine.
Because of the wide range of penalties, those who face charges for pandering should consult an experienced criminal defense attorney familiar with these charges once an arrest is made.
If a pandering charge goes to court, the accused is entitled to defend themselves. The state must prove a defendant committed the crime charged beyond a reasonable doubt, and the jury would be required to find the defendant not guilty if a single reasonable doubt exists. Just because someone is found hanging around a known location for prostitution does not mean they are participating. The district attorney must prove they are. Defendants may have alibis that place them in another location from where the police say they were.
Additionally, the arrest may have been illegal. For instance, police may neglect to inform suspects of their right to remain silent. A skilled Carrollton attorney can assess the facts of a particular case and help determine the most effective defense strategy moving forward.
Pandering is a two-prong crime associated with prostitution, and if you are charged with it, the district attorney or solicitor-general must prove it. We aggressively defend you against the charges with defenses that could exonerate you or lessen the impact if there are mitigating circumstances we can argue. Your reputation may be at stake, but your freedom is, too.
Criminal charges demand immediate action. If you are charged with pandering, or any prostitution-related offense, we provide the defense that will help you achieve the most favorable outcome possible in your situation. Call a Carrollton pandering lawyer at J. Ryan Brown Law today to set up a consultation.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC