California Penal Code §267 — Abduction for Prostitution
PC §267 makes it a felony to take away a person under 18 from their parent or guardian for purposes of prostitution. Straight felony with 16 months, 2, or 3 years state prison, up to $2,000 fine, and lifetime PC §290 sex-offender registration.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Abduction for Prostitution Cases in All LA County Courts
01 — Quick Facts
PC §267 — Abduction for Prostitution at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §267 — Abduction of Minor for Prostitution |
| Code Type | Penal Code (PC) |
| Classification | Felony |
| Penalty | 16 months, 2, or 3 years prison + up to $2,000 fine |
| Strike | No (but registerable) |
| PC §290 Registration | Lifetime — Tier 3 |
| Federal Overlap | 18 U.S.C. §2423 (Mann Act) |
| Immigration | Aggravated felony / CIMT |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §267?
What Is California Penal Code §267?
PC §267 Reads:
"Every person who takes away any other person under the age of 18 years from the father, mother, guardian, or other person having the legal charge of the other person, without their consent, for the purpose of prostitution, is punishable by imprisonment in the state prison, and a fine not exceeding two thousand dollars ($2,000)."
— California Penal Code §267
PC §267 criminalizes 'taking away' a minor under 18 from a parent or guardian without consent for the purpose of prostitution. Unlike modern trafficking statutes, §267 is a specific-intent offense targeting the taking itself — not the prostitution act. It is often filed alongside PC §236.1 (trafficking) and PC §266h/§266i (pimping and pandering).
PC §267 vs. PC §236.1 vs. PC §266h
PC §267 targets the taking of a minor from a parent/guardian for prostitution. PC §236.1(c) is broader human-trafficking of minors (life exposure). PC §266h (pimping) and §266i (pandering) target the commercial sex activity itself.
PC §267 — Abduction for Prostitution
Take minor under 18 from parent/guardian for prostitution. 16 mo / 2 / 3 yrs prison + §290 registration.
PC §236.1(c) — Trafficking of Minor
Cause, induce, or persuade minor to engage in commercial sex. 5, 8, or 12 years to LIFE.
Why §267 Charges Are Serious
Even at the low term of 16 months, a §267 conviction triggers Tier 3 lifetime sex-offender registration, aggravated-felony immigration consequences, and near-certain parallel federal Mann Act prosecution. Rubin Law, P.C. defends state and federal minor-trafficking cases with 20+ years of felony trial experience.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §267
To convict under PC §267, the prosecution must prove each element beyond a reasonable doubt.
You Took Away the Person
Actual taking or persuading the minor to go with the defendant — not merely encountering them.
The Person Was Under 18
Age is measured at the time of the taking, not at any later prostitution act.
Without Parent/Guardian Consent
The parent, legal guardian, or person having legal charge did not consent to the taking.
Specific Intent — For Prostitution
At the moment of taking, the defendant intended the minor engage in prostitution.
04 — Penalties
Penalties for PC §267 Abduction for Prostitution in California
PC §267 is a straight felony with a triad sentencing structure.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Abduction for Prostitution | PC §267 | 16 months, 2, or 3 years prison | Available (rare) | No |
| Trafficking of Minor (Commercial Sex) | PC §236.1(c) | 5, 8, or 12 years — life if force/fraud | No | Yes — Strike |
| Pimping a Minor Under 16 | PC §266h(b)(2) | 3, 6, or 8 years prison | No | No |
| Pandering a Minor Under 16 | PC §266i(b)(2) | 3, 6, or 8 years prison | No | No |
Potential Enhancements & Companion Charges
Federal Mann Act
18 U.S.C. §2423
Transportation of minor across state lines for prostitution — 10-year mandatory minimum federal.
Kidnapping
PC §207(b)
Kidnapping a minor under 14 by force/fraud/enticement. 5, 8, or 11 years — strike.
Lewd Acts with Minor
PC §288
Sexual contact with minor under 14. Common companion charge with §267.
Great Bodily Injury
PC §12022.7
+3 to 6 years for personally inflicting GBI during the offense.
Prior Sex Offense
PC §667.71 / §667.61
One Strike / Habitual Sex Offender laws can raise the term dramatically.
Collateral Consequences
- PC §290 Tier 3 lifetime sex-offender registration
- Aggravated-felony immigration removal
- Federal prosecution risk (Mann Act)
- Loss of all firearm rights
- Residency restrictions (Jessica's Law)
- Loss of professional licenses
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §267 Abduction for Prostitution Charges
Rubin Law, P.C. defends §267 cases by attacking intent, taking, age knowledge, and parental consent.
No Specific Intent for Prostitution
The defendant did not intend prostitution at the moment of the taking — any commercial-sex evidence was formed later or by third parties.
PC §267
Mistake of Age
The defendant reasonably and in good faith believed the person was 18 or older based on their appearance and representations.
People v. Hernandez
Parental Consent / Emancipation
The parent or guardian consented, or the minor was legally emancipated and had authority over their own movement.
FC §7002
No 'Taking'
The alleged victim came independently — the defendant merely encountered or hosted them without any inducement to leave the parent.
PC §267
Coerced Statements / Miranda
Suppression of statements taken in violation of Miranda, or during custodial interrogation without counsel.
Miranda / PC §632
Illegal Search & Seizure
PC §1538.5 suppression of phone data, social-media messages, or hotel-room searches obtained without a valid warrant.
PC §1538.5
Constitutional Sources
07 — Court Process
How PC §267 Abduction for Prostitution Cases Move Through Los Angeles Courts
How a §267 prosecution moves through the LA County criminal system.
- 1
Step 1 — Arrest & Booking
Invoke Miranda. Do NOT unlock phones or consent to searches without counsel.
- 2
Step 2 — Arraignment
Charges read, plea entered. Bail typically $250,000–$500,000 in LA County; no-bail hold if federal detainer.
- 3
Step 3 — Preliminary Hearing
Attack age, taking, and specific-intent elements. Cross-examine the alleged victim.
- 4
Step 4 — Pre-Trial Motions
PC §1538.5 suppression; motions in limine on prior-acts evidence (Evid. §1108); Pitchess.
- 5
Step 5 — Federal Coordination
Coordinate with federal defense counsel if Mann Act prosecution is pending.
- 6
Step 6 — Trial or Negotiated Resolution
Jury trial or plea to non-registrable offense where evidence permits.
Los Angeles Courts That Handle PC §267 Abduction for Prostitution Cases
Common LA-area courthouses handling PC §267 filings.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Abduction for Prostitution Defense Attorney
Daniel S. Rubin has defended clients charged with abduction for prostitution 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 §267 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Abduction for Prostitution Cases Throughout LA County
09 — FAQs
PC §267 Abduction for Prostitution Questions — Los Angeles
What is the penalty for PC §267?
PC §267 is a straight felony punishable by 16 months, 2, or 3 years in state prison, up to a $2,000 fine, and lifetime PC §290 Tier 3 sex-offender registration.
Does PC §267 require sex-offender registration?
Yes. §267 is a listed registrable offense under PC §290(c). It falls in Tier 3 — lifetime registration.
Is PC §267 a strike?
No. §267 is not enumerated as a serious or violent felony under PC §667.5 / §1192.7. However, related trafficking charges under PC §236.1 are strikes.
What is the difference between PC §267 and PC §236.1?
PC §267 targets the taking of a minor from a parent/guardian for prostitution. PC §236.1(c) is broader trafficking — inducing a minor to engage in commercial sex — and carries up to LIFE imprisonment.
Is mistake of age a defense?
Yes. A good-faith reasonable belief the minor was 18 or older is a defense under People v. Hernandez, but the belief must be objectively reasonable — not just subjectively held.
Does parental consent bar prosecution?
Yes. §267 expressly requires the taking be 'without consent' of the parent, guardian, or person having legal charge. Documented parental consent is a complete defense.
Will federal charges follow?
Frequently. When the taking crosses state lines, the US Attorney's Office often files 18 U.S.C. §2423 (Mann Act) charges carrying a 10-year mandatory minimum federal sentence.
Can I get probation for a §267 conviction?
Probation is technically available but rare. Prosecutors typically demand state prison, and courts frequently follow — probation is more realistic when negotiated to a non-registrable offense.
Available 24/7 — Free Consultation
Charged With PC §267 Abduction for Prostitution?
State prison, lifetime §290 registration, and parallel federal Mann Act exposure make §267 one of California's most serious sex-crime charges. Rubin Law, P.C. defends state and federal minor-trafficking cases. Call now.