Georgia Pandering Defense Lawyer

If you are arresting for soliciting a prostitute, you can be charged with the crime of pandering. Prostitution is defined as the exchange of sexual acts for money or other items of value. So, if you offer money or other valuables in return for sex, you may be guilty of a crime.

What Is Considered Pandering in Georgia?

Georgia law (O.C.G.A. 16-6-12) states that a person is guilty of pandering if “he or she solicits a person to perform an act of prostitution in his or her 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.”

In other words, if you try to hire a prostitute for yourself or another, or if you facilitate the hiring of a prostitute, you are guilty of this crime. Thus, pandering covers both soliciting a prostitute and pimping.

In the eyes of the law, even if the sexual act never took place and money was never exchanged, you may still be guilty of pandering. If an agreement was made, this is enough for a conviction.

Other defenses do exist, however. For example, if you were a victim of entrapment, you should not be convicted of pandering. If an undercover police officer induced you into committing a crime that you would not have otherwise committed – if the idea and intention of the crime originated with the officer – they have entrapped you. Furthermore, it is the burden of the prosecutor to prove guilt beyond a reasonable doubt. Lack of evidence is another defense.

Penalties for Pandering in Georgia

Pandering is normally charged as a misdemeanor of a high and aggravated nature. Punishments vary and may include jail time, a fine, mandatory sex offender registration and/or community service. In addition, anyone found guilty of pandering in Georgia will have a notice of conviction published in the local newspaper, displaying the person's name, photograph and details of the crime.

If the pandering took place within 1,000 feet of a school, place of worship, or playground, an additional $2,500 fine will be levied. More seriously, if an underage prostitute was solicited, the crime will be charged as a felony. If the prostitute was between the ages of 16-18, the offender may receive a sentence of 5-20 years in prison. If the prostitute was under 16 years of age, a pandering conviction can bring a sentence of 10-30 years in prison and a $100,000 fine.

Pandering by Compulsion

The crime of pandering by compulsion (O.C.G.A. 16-6-14) occurs when a person “by duress or coercion causes a person to perform an act of prostitution.” This basically means forcing a person into prostitution against his or her will, using coercion. It is charged as a felony and is punishable by a prison term of one to ten years.

Solicitation of Sodomy

Finally, Georgia has a separate offense called solicitation of sodomy (O.C.G.A. 16-6-15). This crime occurs when a person “solicits another to perform or submit to an act of sodomy.” (In Georgia, sodomy is defined as both oral and anal sex.) Solicitation of sodomy is usually considered a misdemeanor. However, if the solicited person is under the age of 18 years, the crime is a felony and carries a punishment of 5-20 years in prison and a fine of $2,500 to $10,000.

Hire a Sex Crime Defense Attorney

If you have been arrested for soliciting a prostitute, it is critical that you hire an experienced sex crimes defense attorney as soon as possible. Pandering may only be a misdemeanor, but a conviction can have serious repercussions on your future. Registration as a sex offender and the publication of your photo in the local newspaper can destroy your reputation and limit your opportunities.

At the Berry Law Group, we will fight to clear your name and minimize the consequences of your arrest. We understand that a misunderstanding – or a momentary lapse in judgment – should not be allowed to ruin a person's life. Contact the Berry Law Group for a free consultation. We will assess the specific circumstances of your case and advise you on the best path towards protecting your future.