Pandering Crime: Georgia Pandering Misdemeanor or Felony

By: Larry Kohn, Georgia sex crimes attorney, Super Lawyer and legal book co-author for over 27 years - with over 4,000 cases handled

Navigating the complex world of criminal law can be tough, especially with terms like "pandering." In Georgia, it's important to know the pandering definition because some crimes are misdemeanors and other are highly serious felonies. For example, human trafficking of minors of those with mental disabilities can bring a 25 year to 50 year prison sentence, with no early release.

Pandering is generally a high and aggravated misdemeanor in Georgia, except when a person performing the sex act is under 18 years of age, or when the pandering involves coercion. In some rare cases, if the accused perpetrator is a teenager under the age of 18, their case will be adjudicated in the county's juvenile court.

In Georgia, the offenses of "pimping" and "pandering" are interconnected under the state's anti-prostitution statutes. Pimping, as outlined in Georgia Code §16-6-11, includes actions such as arranging the "services" of a prostitute for someone to engage in prostitution.

This article on the Peach State's pandering meaning crime will explain the pandering criminal charge under Georgia law. Simply stated, pandering is defined as performing a sexual act such as sexual intercourse or fellatio (oral sex).

Pandering is often mixed up with terms like "pimping" or "soliciting." It means getting someone to do a sexual act for money. In Georgia, pandering is a serious crime that can have tough legal consequences. Other potential facts like facilitating or transporting individuals for prostitution or unlawfully accepting money from prostitution activities can be part of the facts.

Pandering, as defined by OCGA §16-6-12, involves soliciting someone to engage in prostitution, either for personal gain or on behalf of another individual. This also includes organizing gatherings at a specific location with the intention of facilitating solicitation for prostitution.

When is Pandering Charged as a Felony?

Both crimes are usually serious misdemeanors with penalties and consequences including fines, jail time, community service, and being added to the Georgia sex offender registration list.

A person commits pimping by:

• Offering or agreeing to get a prostitute for someone else.
• Directing or transporting another person to a place for the purpose of prostitution.
• Receiving money or other things of value from a prostitute that were earned through prostitution, without a lawful reason for doing so.

A person commits pandering by:

• Soliciting someone to perform an act of prostitution for themselves or for another person.
• Knowingly gathering people at a specific place to be solicited by others for prostitution.

This knowledge of a pandering charge is essential for anyone facing these sexual services charges. Knowing the meaning of pandering also helps those who want to understand their legal rights after being arrested for this sex crime.

The facts collected by police will clarify the crime’s definition, related offenses, and possible legal consequences. When a person solicits an act of prostitution or coercing a person to perform an act of pandering of a person under the age of 18, more serious felony charges will generally be brought.

If someone solicits another person to commit an act of prostitution, and that act involves coercing a minor under the age of 18, this constitutes sex trafficking through solicitation and can be charged as a serious felony. The facts of each case determine whether a felony or misdemeanor is accused.

The Official Code of Georgia Annotated OCGA 16-6-12 clearly defines pandering. It includes asking someone to engage in an act of prostitution or doing anything that helps that act be carried out. This law shows the state's robust effort to stop these illegal activities related to prostitution and keep the public safe.

The legal definition of pandering is key to understanding how the law sees prostitution. It differs from simple solicitation because it includes a third party who helps or encourages these acts.

This difference matters in legal cases where the roles of people in prostitution are looked at. Knowing this definition helps us understand the specific charges and possible defenses in pandering cases.

It's crucial to differentiate between pandering and pimping, as they are frequently confused. Although both pertain to unlawful acts associated with prostitution, they possess unique legal definitions.

• Pandering: This means getting someone to do sexual acts for money. It focuses on recruiting or encouraging prostitution. This makes it different from prostitution itself.
• Pimping: This involves controlling or managing someone who does prostitution. Often, the pimp takes part of the earnings. This charge is about exploiting and managing sex workers, not just the initial solicitation.

One major consequence of a pandering conviction is the need to register as a sex offender. This label can greatly affect a person's personal and work life. It can limit where they can live, work, and socialize. Being called a sex offender comes with a strong social stigma. This can lead to long-lasting problems, like trouble finding jobs and housing.

Different Facts Can Mean Misdemeanor Charges and Not a Felony Prosecution

Not all cases of pandering require someone to register as a sex offender. Whether registration is needed depends on the situation and the seriousness of the crime.

Judges consider several factors. They look at the offender's history. They also check if minors were involved.

Additionally, they assess if coercion was proven in the case. These factors help them decide if sex registry registration is necessary.

Knowing the chance of becoming a sex offender is important for those facing pandering charges. This status can impact on the person’s future personal and work opportunities.

Engaging in pandering activities with people under 18 is a serious crime. Georgia law has stricter penalties for crimes involving minors. This shows the state's commitment to protecting young people from harm.

Offenders may face tougher charges, longer prison time, and higher fines. The law treats the involvement of minors in pandering very seriously. Charges can quickly escalate to include child exploitation or abuse.

The Value of Hiring a Top Criminal Defense Lawyer

When facing pandering charges, it is important to get help from a skilled criminal defense lawyer. An experienced criminal defense attorney like the author of this article can look into different defense strategies, such as:

• Questioning the Evidence: This means challenging the proof that the prosecution presents. It involves checking how the evidence (e.g., did a judge authorize electronic surveillance, or was the "search" illegal?) that was collected and making sure privacy laws were followed.
• Proving Consent or a Misunderstanding: This defense may be able to argue that any alleged act was consensual or based on a misunderstanding. It is useful if there was evidence of confusion from the facts presented through witness testimony.
• Entrapment: This shows that law enforcement pushed the defendant to commit the crime. If entrapment is proven, it could lead to dropping the charges.

For a FREE lawyer consultation with Mr. Kohn, call our 24-hour number now. Dial 404-567-5515 to connect with Mr. Kohn, who has handled sex crimes for decades, and “knows the ropes” in defending these very serious crimes. What are you waiting for if it is FREE?