Pimping is not the most common crime to be charged with in Georgia. Usually, a pimping arrest follows a "sting" operation where law enforcement breaks up a prostitution ring. Such as this situation in Newnan, Georgia. Although uncommon, pimping is a serious charge. It generally begins as a high and aggravated misdemeanor but can certainly escalate to a felony under proper situations.
Pimping - The Law - O.C.G.A. § 16-6-11
A person commits the offense of pimping when he or she performs any of the following acts:
(1) Offers or agrees to procure a prostitute for another;
(2) Offers or agrees to arrange a meeting of persons for the purpose of prostitution;
(3) Directs or transports another person to a place when he or she knows or should know that the direction or transportation is for the purpose of prostitution;
(4) Receives money or other thing of value from a prostitute, without lawful consideration, knowing it was earned in whole or in part from prostitution; or
Punishment in General
In general Pimping is punishable as a high an aggravated misdemeanor. That means that the defendant may be sentenced to pay up to a $5,000 fine and confinement for up to 12 months, or both. Additionally, and perhaps more importantly, a defendant convicted of a high and aggravated misdemeanor may earn no more than four days per month earned time allowance.
A person convicted of pimping where the conduct involves a person who is at least sixteen, but not eighteen, the defendant may be convicted of a felony and shall be punished by imprisonment for a period of not less than five nor more than twenty years in prison as well as a fine in the range of $2,500 to $10,000.
If the conduct involves someone under the age of 16 then the penalty increases to a range of ten years to thirty years and the maximum fine increases to $100,000.
Furthermore, for a second or subsequent conviction under these circumstances the defendant's sentence, if convicted, may not be suspended, probated, deferred, or withheld. Meaning that there will be no "twenty to do five" or anything of the sort. Instead, it must be a straight serve sentence like "ten years to serve."
Examples of Pimping
In 2017, the Georgia Court of Appeals upheld a defendant's conviction for pimping following a jury trial (he was also convicted of trafficking humans for sexual servitude). In that case an undercover officer was investigating suspected prostitution activity. During this investigation, the investigator encountered a 16 year old child and he asked her if she was "working."
Before this conversation was over the defendant interrupted the conversation and indicated that the child was "his girl." The defendant asked the officer how much money he had and they were able to agree to an amount. The defendant then informed the undercover officer that for $40 he could have intercourse with "his girl."
At trial there was evidence that the child was in fact 16 years old. Upon being convicted the defendant was subject to the enhanced punishment as listed above.
In this case the defendant can be convicted because he arranged the meeting of persons for the purpose of prostitution.
Again in 2016 the Court of Appeals affirmed the conviction of a defendant convicted of pimping. This defendant was also charged with the offense of trafficking a person for sexual servitude. In this case a 17 year old child was used by a man operating a service called "Addicted Pleasure Models." As party of this she was instructed to have sex for money and then turn the money over to the defendant. If she did not turn the money over she was beaten.
At trial it was determined that the defendant had about five girls under his direction at any time. As part of this operation, the defendant had business cards that were distributed to people soliciting customers for prostitution services.
Again this defendant could be convicted of pimping under multiple theories, he procured prostitutes, received money from a prostitute, without lawful consideration, knowing it was earned form prostitution, and arranged meetings. A defendant may also be convicted for transporting people for the purpose of prostitution.
As I am sure you have seen, pimping is oftentimes accompanied by human trafficking charges.
Contact a Newnan Defense Attorney
If you have been accused of Pimping you need to prepare your defense today. Contact us and schedule an appointment with Ryan so we can begin your defense. Don't Fight Alone.