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Comparison of Pending Legislation
Addressing Pimping and Pandering of Minors
(Draft Revised February 27, 2001)

Senate Bills 33, 34, 35 and House Bill 343 were introduced by the Georgia Legislature to address the problem of pimping/pandering of minors. Each bill contains slightly different language and offers different solutions to the problem. Section One of this paper offers the language of the current code (O.C.G.A.) regarding pimping and pandering. Section Two compares the original legislation1 proposed and considers the differences between each original piece of legislation. Finally, in Section Three, we offer additional questions to consider as these bills are discussed.


CURRENT LAWS ON THE BOOKS

Pimping and pandering are separate offenses under O.C.G.A. In order to convict an individual of either offense, the District Attorney must prove the following:

16-6-9 Prostitution.

A person commits the offense of prostitution when he performs or offers or consents to perform an act of sexual intercourse for money.

16-6-11 Pimping.

A person commits the offense of pimping when he performs any of the following acts:

  1. Offers or agrees to procure a prostitute for another;
  2. Offers or agrees to arrange a meeting of persons for the purpose of prostitution;
  3. Directs another to a place knowing such direction is for the purpose of prostitution;
  4. Receives money or other thing of value from a prostitute, without lawful consideration, knowing it was earned in whole or in part from prostitution; or
  5. Aids or abets, counsels, or commands another in the commission of prostitution or aids or assists in prostitution where the proceeds or profits derived therefrom are to be divided on a pro rata basis

16-6-12 Pandering.

A person commits the offense of pandering when he or she solicits a person to perform an act of prostitution in his or her own behalf or in behalf of a third person or when he or she knowingly assembles persons at a fixed place for the purpose of being solicited by others to perform an act of prostitution.

According to O.C.G.A. § 16-6-13, the punishments for pimping and pandering are as follows. It should be noted that the offense of pandering involving a person under the age of 17 is a felony.

  1. Except as otherwise provided in subsection (b) of this Code section, a person convicted of any of the offenses enumerated in Code Sections 16-6-10 through 16-6-12 shall be punished as for a misdemeanor of a high and aggravated nature. A person convicted of the offense enumerated in Code Section 16-6-9 shall be punished as for a misdemeanor.
  2. A person convicted of pandering when such offense involves the solicitation of a person under the age of 17 years to perform an act of prostitution or the assembly of two or more persons under the age of 17 years at a fixed place for the purpose of being solicited by others to perform an act of prostitution shall be guilty of a felony and shall be fined not less than $2,500.00 nor more than $10,000.00 or shall be imprisoned for not less than one year nor more than five years, or both fined and imprisoned. Adjudication of guilt or imposition of sentence for a conviction of a second or subsequent offense of pandering involving a person under the age of 17 years pursuant to this subsection, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld.
  3. In addition to any other penalty authorized under subsections (a) and (b) of this Code section, a person convicted of an offense enumerated in Code Sections 16-6-9 through 16-6-12 shall be fined $2,500.00 if such offense was committed within 1,000 feet of any school building, school grounds, public place of worship, or playground or recreation center which is used primarily by persons under the age of 17 years.

PROPOSED LEGISLATION

Four bills were introduced to change O.C.G.A. §§ 16-6-11 through 13. Senate Bills 33-35 and House Bill 343 alter O.C.G.A. in slightly different ways but all four bills make the pimping of a minor a felony. What follows is a synopsis of the major differences between the four pieces of legislation. Please note, however, that you should look at the complete texts of the bills to completely understand the intricacies of the legislation.

Bill Number

Act(s) bill targets

Age limitation of a minor for pimping

Fine under O.C.G.A. § 16-6-13.

Jail Time under O.C.G.A. § 16-6-13.

Additional Provisions

SB 33

Pimping and pandering.

Under 18.

OPTIONAL -- No less than $2,500 nor more than $10,000 plus three times all proceeds that the individual has received from any acts of pimping or pandering.

MANDATORY - No less than five years nor more than 20 years provided that the minimum sentence shall be increased by two years for every year the minor is under the age of 17. (For example, if the minor is 14, the minimum sentence would be 11 years (5 years + 6 years)).

  1. Expands pandering by compulsion (O.C.G.A. § 16-6-14) to apply to coercion of a person rather than limiting the crime to coercion of a female.

  2. Expands definition of prostitution (O.C.G.A §16-6-9) to include performance of an act of sexual intercourse for an item of value.

SB 34

Pandering

Under 18.

OPTIONAL2 - No less than $2,500 nor more than $10,000 plus three times all proceeds that the individual has received from any acts of pimping or pandering.

OPTIONAL3 - No less than one year nor more than five years.

  1. Forfeiture of an automobile if it is involved in the commission of pimping/pandering.

  2. Forfeiture of other property (a house, for example) involved in the commission of pimping/pandering.

SB 35

Pimping or pandering

Under 18.

OPTIONAL -- No less than $2,500 nor more than $10,000 plus three times all proceeds that the individual has received from any acts of pimping or pandering.

MANDATORY - No less than five years nor more than 20 years provided that the minimum sentence shall be increased by two years for every year the minor is under the age of 17. (For example, if the minor is 14, the minimum sentence would be 11 years (5 yrs + 6 yrs)).

  1. Expands pandering by compulsion (O.C.G.A. § 16-6-14) to apply to coercion of a person rather than limiting the crime to coercion of a female.

  2. Expands definition of prostitution (O.C.G.A. § 16-6-9) to include performance of a sexual act rather than limiting the definition to sexual intercourse.

  3. Expands definition of prostitution to include performance of an act for an item of value.

HB 343

Pimping and pandering

Under the age of 17

OPTIONAL2 - No less than $2,500 nor more than $10,000

OPTIONAL2 - No less than one year nor more than five years for pandering.


OPTIONAL2 - No less than one year nor more than ten years for pimping.



QUESTIONS TO CONSIDER

  1. If the age of consent in Georgia is 16, why are the bills attempting to target those persons caught soliciting persons under the age of 18?

  2. SB 35 limits prostitution to acts of sexual intercourse. Is this definition too limiting. While sexual intercourse is certainly an act that would constitute prostitution, there are other acts that are eliminated from the definition of prostitution under SB 35.

  3. How can we reasonably calculate the proceeds an individual receives from any act of pimping or pandering? Is there some other way to punish those individuals caught pimping and pandering with a monetary fine?

  4. What penalties should be imposed? There are different punishments available to address the problem of pimping/pandering. Below is a list of penalties different jurisdictions have adopted to address the problems of pimping/pandering. There are several possible solutions which take into account what other jurisdictions are doing:

  5. The proposed legislation could reflect a penalty scheme that leaves the minimum time open but sets the maximum jail time for the crimes. For example, it could be a sentence "of no more than 10 years" or "no more than 20 years." A sentencing scheme of this nature would account for judges' desires to have flexibility in sentencing and would also reflect the concerns of other groups interested in increasing the penalty for pimping/pandering.

  6. The proposed legislation could reflect a penalty scheme that leaves the maximum time open. For example, it could be a sentence "of no less than five years."

  7. There is a wide range of jail times for prostitution of a minor. The minimum jail time suggested by other jurisdictions was two years and the maximum jail time went up to life. Jurisdictions were split between 10, 15, and 20 year maximum jail times. Georgia may wish to consider a graduated jail sentence based on the age of the child. A scheme such as this would allow:

    • Jail time of 2-10 years for pimping minor under 18 and over 16.
    • Jail time of 4-15 years for pimping minor under 16 and over 14.
    • Jail time of 6-20 years for pimping minor under 14.

  8. The proposed legislation could include an allocation of monetary fines to social services to address the child prostitution problem. California has a provision in their statute which addresses this concern3. They require that monetary fines go into a witness/victim fund to be used for counseling centers and prevention programs for child sexual exploitation and abuse victims. If the proposed legislation were to include a provision such as this, the legislature would need to decide who would receive the criminal fines or would need to create a fund, through legislation, to deal with the administration and disbursement of the money.

  9. Most states do not break down the charges for pimping and pandering. The proposed legislation can propose jail times that are the same for pimping and pandering.


STATE

CODE SECTION

JAIL TIME4

Alabama

Al. St. § 13A-12-111

  • Prostitution of a minor under the age of 16 gets not more than 20 years or less than 2 years.

Arkansas

Ark.Code Ann. §5-4-401, 5-70-104

  • Prostitution of a person under 18 years of age requires a determinate sentence not to exceed 6 years.

California

 Penal Code 266

  • Pandering minor over 16 year old gets 3, 4, or 6 years;

  • Pandering person under 16 years old get 3, 6, or 8 years;

  • Pimping child under 16 gets 3, 6, or 8 years and fine of no more than $15,000.

  • Monetary fines go into a witness/victim fund to be used for counseling centers and prevention programs for child sexual exploitation and abuse victims.

District of Columbia

D.C.Code Ann. § 22-2704

  • Prostitution of child under 16 years of age gets no less than 2 years and no more than 20;

  • Person who knowingly secrets or harbors any child so persuaded, enticed, or abducted gets no more than 8 years.
Florida

Fla. Stat. Ann. Title XLVI Ch. 775.082, 796.03

  • Procuring or causing to be prostituted a person under 18 years of age gets a sentence not to exceed 15 years.

Idaho

Idaho Code §18-5609

  • Inducing prostitution of person under 18 years of age gets no less than two years in the state penitentiary up to life.

Kentucky

Ky. Rev. Stat. Ann. §§ 529.030, 532.020, 532.030

  • Promoting prostitution of someone under the age of 18 gets at least 5 but no more than 10;

  • Promoting prostitution of someone under the age of 16 gets at least 10 but no more than 20;

  • If the minor is injured in the commission of prostitution get 20 to 50 or life.

Louisiana

La.Rev.Stat. Ann. §§ 14:82.1; 14:86

  • Enticing person under 21 into prostitution (as long as the 'enticer' is over 17yrs) gets 2 to 10 years.
Maryland Md. Ann. Code art. 27 § 426

  • Prostitution of anyone gets a term of no more than 12 years.
Massachusetts Mass. Gen. Laws Ann. Ch. 272 §§ 4A-4B

  • Prostitution of a minor gets no less than five years.
Minnesota Minn. Stat. Ann. § 609.322

  • Prostitution of anyone under the age of 18 but over the age of 16 gets imprisonment for no more than 10 years.

  • Prostitution of anyone under the age of 16 gets imprisonment for no more than 20 years
Mississippi Miss. Code Ann. § 97-5-5

  • Prostitution of anyone under the age of 14 gets imprisonment in the penitentiary for no more than 10 years or imprisonment in the county jail for no more than 1 year.

Montana Mont. Code. Ann. § 45-5-603

  • Prostitution of anyone under the age of 18 gets imprisonment for no more than 20 years.
South Carolina S.C. Code Ann. § 16-15-415

  • Prostitution/pandering of minor gets at least three and no more than 10 years

  • No part of the minimum sentence may be suspended nor is the individual convicted eligible for parole until she/he has served the minimum sentence.


1 A Senate Subcommittee was convened to consider the three separate bills. After the subcommittee meeting, it is possible that provisions from the original bills may be combined and a new bill may emerge. It is also possible that the subcommittee will not approve a particular bill.

2 Bill requires either jail time, a fine, or both. The choice of punishment is left to the discretion of the judge.

3 Cal. Penal § 266k provides:

  1. Upon the conviction of any person for a violation of [the child prostitution code sections], the court may, in addition to any other penalty or fine imposed, order the defendant to pay an additional fine not to exceed five thousand dollars ($5,000). In setting the amount of the fine, the court shall consider any relevant factors including, but not limited to, the seriousness and gravity of the offense and the circumstances of its commission, whether the defendant derived any economic gain as the result of the crime, and the extent to which the victim suffered losses as a result of the crime. Every fine imposed and collected under this section shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs under Section 13837.
  2. If the court orders a fine to be imposed pursuant to this section, the actual administrative cost of collecting that fine, not to exceed 2 percent of the total amount paid, may be paid into the general fund of the county treasury for the use and benefit of the county.

4 Please review full text of statutes to understand the intricacies of each law. Additionally, please note that most states do not break down pimping/pandering into separate offenses. As a result, the description of the jail times just uses the word "prostitution." In most instances that includes pimping AND pandering.

Barton Child Law and Policy Clinic, 2001 Policy Paper, Revised February 27, 2001.


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