Las Vegas is notorious for offering men and women from across America fun in every category imaginable. From gambling to shotgun weddings, you can find anything you want in Clark County – including prostitution. Unfortunately, behind most prostitutes is an individual who collects most of their money for doing essentially nothing.
Known as pimps, they work behind the scenes and are rarely spotted in public.
Another individual involved with prostitution activities is the promoter, or panderer, who is responsible for finding women and men to join the rank and file of sex providers.
Legally, pimping and pandering are two closely related but equally unassociated sex crimes. We look at the differences below.
How Nevada legally defines ‘pandering’
One common inaccuracy regarding pandering is that it interchanges with pimping. By definition, pandering prostitutes is the act of aiding or inducing them to sell themselves for money. Panderers are seen as those who “entice” others by showing them fancy cars, jewelry, an expensive nightlife and lavish homes.
Pandering is punishable whether the individual is an adult or minor child.
How Nevada legally defines ‘pimping’
Otherwise known as living off the proceeds of prostitution, pimping is the act of collecting money from those who prostitute without pandering for their services. They often have dozens of women or men working under them, receiving commission in exchange for protection or other necessities while working. Unlike pandering, they rarely if ever have direct contact with the prostitute.
Pimping is the lesser included offense of pandering.
Penalties for pandering or pimping in Nevada
How pandering is charged depends on whether some level of physical force was used, and whether the pandered individual was of age. Penalties for pandering prostitution if the victim was an adult and excessive force was used to get them to prostitute are:
- Upwards of $10,000 in fines;
- Restitution to victim; and,
- 1 to 5 years in Nevada State Prison.
If the alleged panderer did not use excessive force, the penalties are cut in half. However, penalties for pandering increase when the victim was an individual under 18:
- 2 to 20 years in prison;
- Fines up to $20,000;
- A possible added financial penalty up to $500,000;
- Restitution to victim; and,
- An additional fine up to $500,000 if the panderer also earned money off the child.
Pimping penalties fall under living off the earnings of a prostitute, found under Nevada Revised Statutes 201.320. One may receive 1 to 4 years behind bars and fines upwards of $5,000.
Defenses to pimping and pandering
Hearsay and lack of evidence are often enough to lessen or dismiss pandering or pimping charges. Also, prosecution must identify the prostitute, panderer and pimp in order to establish their case since pimping and pandering are two separate ideologies.
In defending clients against these charges, an attorney may provide evidence that:
- Monies that changed hands were exclusive of prostitution activities;
- Individual identified as the pimp was not the actual pimp;
- Law enforcement aided, induced or helped the defendant cause the offense;
- The individual approached by the panderer mistook what the panderer was saying; or,
- The victim of pimping or pandering was not a minor when the offense allegedly took place.
The burden of proving defendants had nothing to do with prostitution is on the defense attorney, although prosecution must leave no room for doubt if they want to secure a conviction.
Mere accusations alone can turn your life upside down. If you are under investigation for pandering prostitutes, earning commission from prostitution or anything similar, you need an experienced Las Vegas criminal defense team handling your case.