Georgia Pimping Law
Pimping ain’t easy. When most people think of pimping, they think of someone with multiple girlfriends or boyfriends. Contrary to popular belief, pimping is not just a simple colloquial. In Georgia, pimping is considered a sex crime that can carry a lengthy prison sentence. From street corner prostitutes to high-end call girls, the end result is the same. When you engage in the business of prostitution, you are breaking Georgia law and can be prosecuted harshly for your crime. Unfortunately, innocent men and women are often charged with pimping crimes, and without the right representation, they could spend years behind bars.
- What is Pimping:
Georgia’s pimping statute is found in 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
(5) Aids or abets, counsels, or commands another in the commission of prostitution or aids or assists in prostitution where the proceeds or profits derived therefrom are to be divided on a pro rata basis. See also Creighton v. State, 761 S.E.2d 373, 376 (Ga. App. 2014).
You can even be charged for pimping by simply receiving things of value from a prostitute. Bennefield v. State, 71 S.E.2d 760 (Ga. App. 1952)
- Penalties for Pimping:
The penalties for pimping are harsh and serious. Generally, the punishment for pimping is a “high aggravated misdemeanor” which carries a minimum sentence of 24 hours incarcerated. O.C.G.A. § 16-6-13(a)(3).
However, the punishment is more severe depending on the age of the victim. When such offense involves the conduct of a person who is at least 16 but less than 18 years of age, the defendant is guilty of a felony that is punishable by imprisonment for a period of five to twenty years. The defendant may also incur a fine between $2,500 and $10,000. O.C.G.A. § 16-6-13(b)(1).
An even harsher sentence occurs when pimping involves the conduct of a person under the age of 16 years old. In these cases, the defendant shall be guilty of a felony and shall be punished by imprisonment for a period of not less than ten nor more than 30 years. A fine of no more than $100,000 may also be incurred. O.C.G.A. § 16-6-13(b)(2). Creighton v. State (cited above).
Regardless of the victims’ ages, the fine will increase by $2,500 if any pimping takes place within 1,000 feet of a school, playground, children’s recreation center, or place of worship. O.C.G.A. § 16-6-13.
Furthermore, any property, proceeds, or money involved in any act of pimping is subject to being forfeited to the government. O.C.G.A. § 16-6-13.2. Furthermore, any vehicle used by a person to facilitate pimping is also subject to forfeiture and will become government property. O.C.G.A. § 16-6-13.2.
- Registering as a Sex- Offender:
In addition to incarceration, there are a variety of sex crimes in the State of Georgia which require those convicted of these crimes to register as a sex offender while also facing massive personal obstacles in trying to live in society. If you are guilty of solicitation of a minor to engage in sexual contact, use of a minor in sexual performance, solicitation of a minor to practice prostitution, or any conduct which, by its nature, is a sexual offense against a minor, you would be required to register as a sex offender. O.C.G.A. § 42-1-12. See Spivey v. State, 619 S.E.2d 346 (Ga. App. 2005).
- Georgia case law illustration of pimping:
Evidence that a defendant approached an undercover officer to see if he was a police officer and then proceeded to negotiate with him about receiving a woman’s services as a prostitute was enough to establish a conviction for pimping. State v. Kenney, 503 S.E.2d 585 (Ga. App. 1998)
- Defenses against Pimping:
There are times when innocent men and women do not realize that they are accepting money from prostitution. They may simply be collecting a debt, or may be unaware that the individual paying them rent is, in fact, a prostitute and deriving their income from prostitution. Undercover sting operations are usually the primary way individuals are arrested and charged with pimping. If your arrest occurred as a result of a sting operation, your attorney could use the defense of entrapment.
In addition, in order to be convicted of pimping in Georgia, you must intend to promote prostitution. If you were unaware that your actions were promoting or facilitating prostitution, then your lack of intent or awareness will be a defense against the charges.
If you or someone you know is charged with pimping, don’t hesitate to call Bixon Law at 404-551-5684. Michael Bixon is a dedicated and knowledgeable trial lawyer who cares for his clients.