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Penal Code 266 PC | Enticing a Child to Prostitution
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Penal Code 266 PC | Enticing a Child to Prostitution
What is Penal Code 266 PC?
Penal Code 266 PC is a California law that makes it a crime to entice a minor under the age of 18 into prostitution or to engage in unlawful sexual activity. This law specifically states:
“Any person who inveigles or entices a minor under 18 years of age into a house of ill fame, or of assignation, or elsewhere, for the purpose of prostitution, or to have illicit carnal connection with another person, and any person who aids or assists in that inveiglement or enticement, and any person who, by any false pretenses, false representation, or other fraudulent means, procures a minor under 18 years of age to have illicit carnal connection with another person, is guilty of a misdemeanor or felony punishable by imprisonment in county jail for up to one year, or in the state prison for up to three years, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment.”[1]
In simple terms, this law makes it illegal to:
- Entice or lure a minor into prostitution
- Assist or aid in enticing a minor into prostitution
- Use deception to cause a minor to have unlawful sexual relations with someone
The purpose of this law is to protect minors from being exploited and abused. It recognizes that children under 18 cannot consent to commercial sex acts and should not be taken advantage of by adults seeking to profit from their bodies.
What Constitutes Enticing a Minor Under PC 266?
There are a few ways that someone can violate PC 266 and face charges of enticing a child into prostitution:
- Directly enticing or luring a minor: This could involve directly asking or persuading a minor to engage in prostitution or soliciting sex acts. Even suggesting the idea to a minor could be considered enticement under the law.
- Assisting or facilitating the enticement: It is also illegal to knowingly aid or assist someone else in enticing a minor into prostitution. This includes activities like transporting a minor to a location for prostitution, making arrangements for a meeting, or helping advertise the minor for commercial sex acts.
- Using deception: Deceiving a minor to get them to engage in unlawful sexual activity with another person also violates PC 266. This could involve outright lies, false promises, or misrepresenting one’s identity or intentions.
Simply put, any actions, persuasion, or deception used to get a minor involved in prostitution or unlawful sex constitutes enticement under this law. The minor does not need to actually engage in prostitution – just the attempt to lure them into it is enough.
Penalties for Violating PC 266
Violating Penal Code 266 is a wobbler offense, meaning it can be charged as either a misdemeanor or felony, at the prosecutor’s discretion. [2]
If charged as a misdemeanor, the penalties can include:
- Up to 1 year in county jail
- A fine of up to $2,000
If charged as a felony, the penalties can include:
- 16 months, 2 years or 3 years in state prison
- A fine of up to $2,000
In addition to jail time and fines, a conviction under this statute will also require mandatory sex offender registration under Penal Code 290 PC. This requires registering as a sex offender within five working days of release from custody or moving to a new address. [3]
Legal Defenses to PC 266 Charges
There are several legal defenses that a California criminal defense attorney can raise to contest Penal Code 266 charges:
- No actual minor involved: One defense is that there was no actual minor involved. For example, if the defendant was interacting with an undercover police officer posing as a minor or someone who falsely claimed to be underage.
- No intent to entice: The prosecution must prove the defendant acted with intent to entice a minor. If there is evidence showing a lack of intent, it could lead to reduced or dismissed charges.
- Entrapment: A defense of entrapment may apply if the defendant was induced or persuaded by police to commit a crime they otherwise would not have.
- Mistake of fact: The defendant may have reasonably believed the minor was over 18 based on their appearance or false statements about their age. This could negate criminal intent.
- False accusations: If there is evidence the alleged victim fabricated the accusations, the defense can challenge their credibility and version of events.
There are other California laws related to the sexual exploitation of minors that defendants could face charges under:
- Pimping and pandering (PC 266h and 266i) – recruiting, soliciting, or transporting someone for prostitution
- Human trafficking (PC 236.1) – depriving someone of personal liberty for forced labor or sex
- Lewd acts with a minor (PC 288) – any sexually motivated touching of a child under 14
However, Penal Code 266 specifically criminalizes the enticement, recruitment, or deception of minors for the purposes of prostitution – before any actual sexual abuse occurs. It aims to stop the exploitation before it starts.