California Penal Code §266h — Pimping
PC §266h punishes anyone who derives support or maintenance from the earnings of a prostitute, or who solicits compensation for placing a person in a house of prostitution. It is a straight felony. Base range is 3, 4, or 6 years state prison; if the victim is a minor 16 or older, the range is 3, 6, or 8 years; if the victim is under 16, the range is 5, 8, or 10 years. Companion offense to §266i (pandering).
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Pimping Cases in All LA County Courts
01 — Quick Facts
PC §266h — Pimping at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §266h — Pimping |
| Code Type | Penal Code (PC) |
| Classification | Straight Felony |
| Adult Victim (§266h(a)) | 3, 4, or 6 years state prison |
| Minor 16+ (§266h(b)(1)) | 3, 6, or 8 years state prison |
| Minor Under 16 (§266h(b)(2)) | 5, 8, or 10 years state prison |
| PC §290 Registration | Mandatory Tier II or Tier III lifetime registration |
| vs Pandering (§266i) | §266h = deriving support / soliciting compensation; §266i = procuring the person into prostitution |
| vs Solicitation (§647(b)) | §647(b) is misdemeanor solicitation by the customer or the prostitute; §266h targets the third party who profits |
| Human Trafficking Overlap | PC §236.1 frequently charged in parallel — 5, 8, or 12 years, or 15-yrs-to-life for minor |
| Strike / Serious Felony | Yes when victim is a minor (PC §1192.7(c)(35)) |
| Immigration | Aggravated felony under 8 USC §1101(a)(43)(K) — deportable |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §266h?
What Is California Penal Code §266h?
PC §266h Reads:
"Any person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part from the earnings or proceeds of the person's prostitution, or from money loaned or advanced to or charged against that person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or who solicits or receives compensation for soliciting for the person, is guilty of pimping."
— California Penal Code §266h(a)
§266h is one of California's oldest vice statutes and is almost always filed alongside §266i (pandering) and §236.1 (human trafficking). The theory is that the defendant financially benefits from another person's prostitution — through profit-sharing, arranging clients, or receiving 'management' fees.
§266h vs. §266i — Two Different Theories
Pimping (§266h) is a 'benefiting from' crime — the defendant lives off the earnings. Pandering (§266i) is a 'procuring into' crime — the defendant recruits, induces, or persuades the person to become a prostitute. Both are frequently charged together, but a defendant may be convicted of one without the other.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §266h
The prosecution must prove each element beyond a reasonable doubt (CALCRIM 1150).
Knowledge Another Person Was a Prostitute
Defendant knew the person was engaging in acts of prostitution.
Lived Off / Derived Support From Earnings — or Solicited for Compensation
Defendant received, took, or was to receive money or compensation derived from prostitution, or solicited clients for compensation.
Age Enhancement (if minor)
For enhanced penalties, prosecution must additionally prove the victim was under 18 (and, for the highest tier, under 16).
04 — Penalties
Penalties for PC §266h Pimping in California
§266h penalty depends on the victim's age.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Pimping — Adult Victim (§266h(a)) | PC §266h(a) | 3, 4, or 6 years state prison | Rarely granted | No |
| Pimping — Minor 16 or Older (§266h(b)(1)) | PC §266h(b)(1) | 3, 6, or 8 years state prison | Prohibited on minor victim | Yes — serious felony |
| Pimping — Minor Under 16 (§266h(b)(2)) | PC §266h(b)(2) | 5, 8, or 10 years state prison | Prohibited | Yes — serious felony |
Sentencing Enhancements
Human Trafficking (§236.1)
PC §236.1
§236.1(a) adds 5/8/12 yrs; §236.1(c) — trafficking a minor for commercial sex — 15 years to life with $500K fine.
Gang Enhancement
PC §186.22
+3/4/5 years when the offense promotes a criminal street gang.
Prior §290-Registrable Convictions
PC §667.61 (One Strike)
Certain §266h convictions with prior sex offenses can trigger One-Strike sentencing — 15-, 25-yr-to-life exposure.
Additional Consequences Beyond Prison
- PC §290 registration — lifetime (Tier III for minor-victim cases)
- PC §667.5(c) violent felony designation when victim is a minor (85% actual custody credit)
- Immigration: aggravated felony under 8 USC §1101(a)(43)(K) — mandatory removal for non-citizens
- Federal prosecution parallel (Mann Act, 18 USC §2421 / §2422 / §2423) — up to 10 yrs, life if minor
- Firearm ban, no probation on minor-victim §266h(b)
- AB 262 vacatur relief available to trafficking victims who committed §266h under coercion
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §266h Pimping Charges
§266h defenses attack knowledge, profit-sharing, and age.
No Knowledge of Prostitution
Defendant did not know the person was engaging in prostitution — dating relationship, roommate, family member, employee in a legitimate business.
Mens Rea
Not Derived From Prostitution Earnings
Money exchanged was for other reasons — legitimate wages, gifts, loans, household support — not tied to prostitution earnings.
Source of Funds
Entrapment (Undercover Operations)
Overbearing conduct by undercover officers who induce §266h behavior can trigger California's objective entrapment defense (People v. Barraza).
Entrapment
Insufficient Solicitation
Talking about prostitution or being in the presence of a prostitute is not §266h — the statute requires active solicitation for compensation or derivation of support.
Sufficiency
AB 262 / VC 236.14 Vacatur
Trafficking survivors coerced into §266h conduct may vacate convictions under the California Vacatur Act.
Survivor Relief
Constitutional Sources
07 — Court Process
How PC §266h Pimping Cases Move Through Los Angeles Courts
§266h prosecutions typically arise from vice / task-force investigations.
- 1
Step 1 — Undercover Investigation
LAPD Vice / LASD / FBI Innocence Lost task forces build cases via undercover contacts, hotel surveillance, and financial records.
- 2
Step 2 — Arrest & Search Warrant
Bank records, phones, and premises are searched — the money trail is critical.
- 3
Step 3 — Filing Decision
DA reviews victim statements, financial evidence, and any minor-victim age proof — filing tier depends on age.
- 4
Step 4 — Arraignment / Bail
Bail typically high — often $100K+ for adult-victim; $500K+ for minor-victim.
- 5
Step 5 — Preliminary Hearing
Age and profit-sharing evidence litigated — victim frequently testifies pursuant to the prostitute-witness immunity of §647(b)(2).
- 6
Step 6 — Motion Practice
PC §1538.5 suppression of phone/bank records, entrapment litigation, Miranda challenges.
- 7
Step 7 — Trial or Plea
Aggressive early plea negotiations often reduce §266h to §647(b) or §647.6 to avoid §290 registration.
- 8
Step 8 — Sentencing / Registration
State prison, §290 lifetime registration, restitution to victim under §1202.4.
Los Angeles Courts That Handle PC §266h Pimping Cases
§266h is heard on felony calendars countywide.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Pimping Defense Attorney
Daniel S. Rubin has defended clients charged with pimping and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §266h in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Pimping Cases Throughout LA County
09 — FAQs
PC §266h Pimping Questions — Los Angeles
Is reasonable belief the victim was an adult a defense?
No. §266h(b) minor-victim enhancements are strict liability as to age under People v. Branch (2010). Belief the victim was 18+ is not a defense.
Do I have to register as a sex offender?
Yes. PC §290 registration is mandatory for §266h convictions. Adult-victim §266h is Tier II; minor-victim is Tier III (lifetime).
Can §266h be probation-eligible?
Adult-victim §266h(a) can receive probation in unusual cases. Minor-victim §266h(b) is presumptively state-prison — probation is prohibited absent an unusual finding under §1203.065.
How does §266h differ from pandering?
§266h is deriving support from another's prostitution or soliciting for compensation. §266i (pandering) is procuring a person to become or continue as a prostitute. Both can be charged together.
Available 24/7 — Free Consultation
Charged With PC §266h Pimping in Los Angeles?
§266h carries state prison and lifetime §290 registration. Rubin Law, P.C. defends LA vice, pimping, and trafficking cases. Call (213) 723-2337.