Penal Code 422.6
Much debate has been passionately argued on both sides of the victimless crime issue as well as the interpretation of the California Penal Code 422.6.
Some of the more common victimless crimes considered in this discussion and constantly debated by politicians and everyday citizens alike are prostitution, pimping and pandering and gambling.
Many people think that prostitution and the related crimes are victimless and that they should not be subject to prosecution. These people do not necessarily support the idea of prostitution, but they feel that the business of prostitution does not have a victim in the sense of most crimes. They view that the prosecution is another way of dictating certain morals that people should not be imposing on one another. It is a choice where there is no harm.
The proponents of these laws claim that there are victims: the victims are the girls/women who are forced to work, that the work is demeaning, that there is always drugs and/or other crimes associated with prostitution.
What is Pandering?
Pandering is a felony punishable by imprisonment in the state prison for three, four or six years. Pandering is defined as procuring pr persuading another person for the purpose of prostitution, If the other person is under the age of 16, then the punishment is increased to three, six or eight years.
What is Pimping?
Pimping is also a felony punishable by imprisonment in the state prison for three, four or six years. Pimping is defined as using the proceeds from prostitution to support or maintain the defendant. Similarly to pandering, if the other person is under the age of 16, then the punishment is increased to three, six or eight years.
Gambling has become a huge business in California. It was estimatedthat the gross gambling revenue in Californiatotaled $13 billion in 2004. Indian casino revenues were about $6 billion, lottery's sales were $3 billion, horse races wagers were $4 billion and card clubs took in $655 million. As a result, gambling is government regulated.
Slot machines and Internet gambling are generally illegal
in California. However, California as well as other states, including Nevada,
sets forth requirements for which kind of gambling is permitted, where it is permitted,
who may own them, who may work there, who can even supply them, and what games
they can offer.
Many adults freely gamble with bookmakers or on the Internet without realizing they may be breaking the law.
Even bingo is a heavily regulated fundraising activity.
Raffles at a charity event are also regulated. The nonprofit organization
must register with the Registry
of Charitable Trusts prior to conducting a raffle and must file a
financial disclosure report on each raffle event. If you are a charity
and you would like more information on the legal requirements
for a raffle, please visit the Attorney General's web site.
Written by Patrick
H. Kelly, Attorney at Law
- Written by Patrick H. Kelly, Attorney at Law
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