Pandering involves attempting to get a person to exchange sex for money. It is a crime that can go both ways. A potential client can pander to a sex worker, a sex worker can pander to a potential client, and a third party can pander to try to set up an exchange between a sex worker and a potential client. Prostitution laws outlaw the exchange of sex for money. The punishments for prostitution, especially first charges, are relatively low. When the county adds pandering charges, the potential punishments get more severe. They can face greater criminal punishments.
Pandering charges can also lead to civil forfeiture. Pandering convictions may also require the conviction to be published, making it more likely for people to find out about your conviction. Working with a diligent criminal defense attorney could help you decide how to proceed when charged with pandering. That is why it is essential to consult a DeKalb County solicitation lawyer.
In everyday language, people use the term solicitation to refer to people trying to exchange sex for money. This state does not have a crime known as solicitation. Instead, it uses the term pandering. Georgia Code § 16-6-12 defines pandering as when a person solicits a person to perform an act of prostitution, either on their own behalf or on behalf of a third party. The person engaged in pandering does not have to try to arrange this exchange verbally—it is also pandering for people to assemble sex workers and potential clients together in a place to perform acts of prostitution.
The relationship between solicitation and pandering is clear—the pandering statute even uses the term solicit in its language. Anyone who attempts to purchase sex is guilty of pandering. However, there is a difference between pandering and how other states define solicitation. In some states, a sex worker can try to solicit clients. However, this state’s pandering statute explicitly addresses someone who is purchasing sex for their own benefit or the benefit of a third party.
While there is no specific charge for solicitation, a DeKalb County attorney would tell you that it is vital to realize that solicitation is an implied part of any prostitution charge. Georgia Code § 16-6-9 defines prostitution as performing, offering to perform, or consenting to perform a sexual act in exchange for money. Offering to perform a sexual act in exchange for money is the general definition of solicitation. So, even though solicitation is not a stand-alone criminal offense, it is part of any prostitution offense. Police and prosecutors may use the term to describe someone making the offer to buy or sell sex, but it is not a stand-alone criminal charge.
Since solicitation is not a stand-alone crime, there is no direct punishment for solicitation. Someone who offers to buy or sell sex and is charged with prostitution faces punishments for prostitution.
However, if a person is charged with pandering, their potential punishment can be much more substantial. Basic pandering is an aggravated misdemeanor, which can lead to a fine of up to $5,000 and up to a year in jail. If the person attempts to pander a child between the ages of 16 and 18, the offense becomes a felony, and the potential punishment is a prison term of 5 to 20 years with a minimum fine of $2,500. If the victim is under 16 years old, then the prison term can be 10 to 30 years.
In addition to the potential jail or prison time and any related fines, pandering convictions also require publication in the local paper. The law dictates that those convicted of pandering have a detailed description of their crime, along with a mug shot, published.
The state also requires people convicted of pandering to take a test for sexually transmitted diseases. If they are married, the state will send the results to their spouse. So, even a plea deal that avoids any criminal punishment can still destroy a marriage. Plus, pandering charges give the state the option to pursue the civil forfeiture of any property used in the crime, which can include money, vehicles, or more. A solicitation lawyer in DeKalb County could help get your penalties mitigated or dropped.
Whether you are charged with prostitution or pandering, allegations of solicitation can be very serious. Convictions can result in criminal and civil consequences, as well as damage to your reputation and more. It is essential to consult with a DeKalb County solicitation lawyer to try to lessen or avoid those consequences.
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