Prostitution, Pimping and Pandering

Prostitution is the performance or offer or consent to perform a sexual act for money or other items of value.

A person having or controlling a place which offers  seclusion or shelter for acts of prostitution commits the offense of keeping a place of prostitution.

Pimping encompasses a number of acts to facilitate or enable an act of prostitution, including arranging the meeting, procuring the prostitute, directing or transporting the person for the purpose of prostitution, receiving money or items of value from the prostitute without consideration knowing it was earned from prostitution or otherwise aiding, abetting, counseling or commanding the commission of the act of prostitution.

Pandering is when a person solicits a person to perform an act of prostitution for the person or for a third person.  It can also be where the person knowingly assembles persons at a fixed place for the purpose of being solicited by others to perform an act of prostitution.

If the person commits pandering by duress or coercion, this can be punished as a felony under OCGA 16-6-14.

Many of these offenses are misdemeanors, but certain factors can raise the level to a felony.

If the offense involves a person who is between 16 and 18 years of age, the offense may be a felony.

If the offense involves a person under the age of 16 years, the offense will be a felony.

Second or subsequent offenses are not subject to being suspended, probated, deferred or withheld.

A conviction for pandering requires the publication of a legal notice of conviction in the county of residence of the convicted person.

Certain offenses committed within 1,000 feet of a school building, school grounds, public place of worship, playground or recreation center carry a fine of $2,500.

Many of these offenses may be subject to a "safe harbor" surcharge of $2,500 on top of any other state surcharges applicable to criminal fines.

Persons convicted of pandering must be tested for sexually transmitted diseases.

Where a motor vehicle is used to facilitate some of these violations, the State may seek forfeiture of the vehicle pursuant to OCGA 16-6-13.2.

Money or property received from pimping may be subject to forfeiture under OCGA 16-6-13.3.

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