Prostitution is illegal under federal and state laws (except for in Nevada), but the law punishes related crimes much more harshly. Two such related crimes are pimping and pandering. The reason they are considered more serious crimes than prostitution is because people committing them exploit and benefit from people trading sex for money.
In most states, pimping and pandering are felonies, which carry harsh penalties like imprisonment. If the pimp or panderer is facilitating a minor in sex work, then the penalties are even more severe.
What Is Pimping and Pandering?
Pimping is someone who takes a cut of a prostitute’s earnings, whether indirectly or directly. It could be someone who sources the prostitute’s clients or organizes a prostitute to be someone in service of their client. Either way, the pimp acts as a middleman, sending prostitutes to paying clients.
Pandering is convincing or forcing someone to become a prostitute or to continue being a prostitute if they are trying to leave the field.
These crimes go hand-in-hand, and oftentimes, someone will commit both crimes.
Who Can Be Charged With Pimping and Pandering?
A prostitute or someone seeking a prostitute for themselves cannot be charged with pimping or pandering. These laws are designed to charge those who work as intermediaries between prostitutes and their clients. A client or a prostitute can only be charged with prostitution or solicitation. These crimes are often misdemeanors where pimping and pandering are felonies. Even if a prostitute knowingly pays their intermediary, they cannot be charged with accessory to pimping.
To be charged with pandering, someone has to intentionally cause someone to enter into prostitution. If there is intent, then they can be charged with pandering, even if they were unsuccessful in recruiting someone into prostitution. This is the case if a panderer tries to convince an undercover police officer to engage in prostitution. They can also be charged with pandering even if they do not profit from their pandering. Similarly, if the prostitute was seeking out prostitution anyway, the panderer can still be charged with pandering.
Other Crimes Related to Prostitution
Some states will use other terms for pimping and pandering, such as procuring prostitutes or promoting prostitution. In some states, the terms may be used interchangeably. But all terms refer to the same crime, which is facilitating the sex industry. The law seeks to crack down on people who seek to turn prostitution into a business through criminalizing:
- Directing or transporting someone to a venue to conduct prostitution
- Owning or managing a prostitution business
- Allowing someone to use their property for the purpose of prostitution
- Leasing or controlling a residence to be used for prostitution
It is also illegal under federal law to transport someone into the country or across state lines to partake in prostitution. It is also illegal to persuade someone to move to the country or across state lines to partake in prostitution. This is often referred to as sex trafficking.