SERIES 1100 SEX OFFENSES
F 1150 Pimping (PC 266h)
TABLE OF CONTENTS
F 1150.1 Titles And Identification Of Parties
F 1150.1 Inst 1 Pimping—Title
F 1150.1 Inst 2 Identification Of Prosecution And Defendant
F 1150.2 Pimping—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 1150.3 Pimping—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 1150.4 Pimping—Burden Of Proof Issues
F 1150.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1150.4 Inst 2 Pimping: Defined—Inapplicable to Nude Modeling (PC 266h)
F 1150.5 Pimping—Elements And Definitions
F 1150.5 Inst 1 “Lewd”—Implied Moral Depravity
F 1150.5 Inst 2 Pimping: Knowledge Element
F 1150.6 Pimping—Defense Theories [Reserved]
F 1150.7 Pimping—Preliminary Fact Issues [Reserved]
F 1150.8 Pimping—Unanimity/Duplicity/Multiplicity [Reserved]
F 1150.9 Pimping—Lesser Offense Issues [Reserved]
f 1150 nOTES
F 1150 Note 1 Pimping—CALCRIM Cross-References And Research Notes
F 1150 Note 2 Pimping: When Witness Must Be Corroborated (PC 266j)
F 1150 Note 3 Pimping/Pandering: Requirement Of Physical Contact Between Prostitute And Customer
F 1150 Note 4 Sex Crimes: Entrapment
Return to Series 1100 Table of Contents.
F 1150.1 Titles And Identification Of Parties
F 1150.1 Inst 1 Pimping—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1150.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 1150.2 Pimping—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 1150.3 Pimping—Language That Is Argumentative, Confusing, Etc.[Reserved]
F 1150.4 Pimping—Burden Of Proof Issues
F 1150.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 1150.4 Inst 2 Pimping: Defined—Inapplicable to Nude Modeling (PC 266h)
*Add to CC 1150 when appropriate:
Nude modeling does not constitute an act of prostitution and, therefore, the act of procuring a person solely for the purpose of nude modeling does not constitute the crime of pimping.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Duty To Instruct—In People v. Hill (1980) 103 CA3d 525, 537, the court held that it was reversible error for the court to fail to sua sponte instruct the jury as set forth above.
WARNING! Federal constitutional claims may be lost without proper federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.1 [Right To Instruct The Jurors On Defense Theories]
In death penalty cases additional, federal claims should be added including, but not limited to, those in FORECITE CG 13.
CALJIC NOTE: See FORECITE F 10.70a.
F 1150.5 Pimping—Elements And Definitions
F 1150.5 Inst 1 “Lewd”—Implied Moral Depravity
*Modify CC 1150, paragraph 2 as follows [added language is underlined; deleted language is stricken]:
A prostitute is a person who engages in sexual intercourse or any lewd sexual act with another person in exchange for money [or other compensation]. A lewd sexual act means physical contact of the genitals, buttocks, or female breast of either the prostitute or customer with some part of the other person’s body for the purpose of sexual arousal or gratification.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Use OF Term “Lewd Act” Improperly Implies Moral Depravity—See CALCRIM 1156, paragraph 4 [“sexual act”].
WARNING! Federal constitutional claims may be lost without proper federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.1 [Right To Instruct The Jurors On Defense Theories]
In death penalty cases additional, federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 1150.5 Inst 2 Pimping: Knowledge Element
*Modify Element 2 (Alternative 2A) as follows [added language is underlined]:
<Alternative 2A—money earned by prostitute supported defendant>
[2. The (money/proceeds) that ________ <insert name> earned as a prostitute supported defendant, in whole or in part and defendant had actual knowledge of this fact (;/.)]
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request – [See CALCRIM Motion Bank # CCM-001.]
Basis For Request – People v. Grant (2011) 195 CA4th 107 held that even though the statute (PC 266h(a)) doesn’t include a knowledge requirement, the defendant must know that she’s contributing to living expenses from the proceeds of prostitution.
WARNING! Federal constitutional claims may be lost without proper federalization – To preserve federal claims counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.1 [Right To Instruct The Jurors On Defense Theories]
In death penalty cases additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 1150.6 Pimping—Defense Theories[Reserved]
F 1150.7 Pimping—Preliminary Fact Issues[Reserved]
F 1150.8 Pimping—Unanimity/Duplicity/Multiplicity[Reserved]
F 1150.9 Pimping—Lesser Offense Issues[Reserved]
F 1150 NOTES
F 1150 Note 1 Pimping—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
CALCRIM 1151 [Pandering]
CALCRIM 1152 [Child Procurement]
CALCRIM 1153 [Prostitution: Engaging in Act]
CALCRIM 1154 [Prostitution: Soliciting Another]
CALCRIM 1155 [Prostitution: Agreeing to Engage in Act]
CALCRIM 1156 [Loitering: For Prostitution]
Research Notes:
See CLARAWEB Forum: CALCRIM Warnings, Sex Offenses—Series 1000.
Annotation, Validity and construction of statute or ordinance proscribing solicitation for purposes of prostitution, lewdness or assignation—modern cases, 77 ALR3d 519 and Later Case Service.
F 1150 Note 2 Pimping: When Witness Must Be Corroborated (PC 266j)
If the defendant is prosecuted under PC 266j, there is no requirement that the complaining witness’ testimony be corroborated under PC 1108. (See People v. Mena (1988) 206 CA3d 420, 424-25.)
However, if the prosecution is under PC 266, the PC 1108 corroboration requirement applies. (Ibid.)
CALJIC NOTE: See FORECITE F 10.70 n1.
F 1150 Note 3 Pimping/Pandering: Requirement Of Physical Contact Between Prostitute And Customer
Without the underlying crime of prostitution, there can be no pimping or pandering pursuant to PC 266h. (See FORECITE F 16.420b.)
CALJIC NOTE: See FORECITE F 10.70 n2.
F 1150 Note 4 Sex Crimes: Entrapment
See FORECITE F 1000 Note 5.
