SERIES 1100 SEX OFFENSES
F 1151 Pandering (PC 266i)
TABLE OF CONTENTS
F 1151.1 Titles And Identification Of Parties
F 1151.1 Inst 1 Pandering—Title
F 1151.1 Inst 2 Identification Of Prosecution And Defendant
F 1151.2 Pandering—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 1151.3 Pandering—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 1151.4 Pandering—Burden Of Proof Issues
F 1151.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1151.4 Inst 2 Modification Required Where ID At Issue
F 1151.5 Pandering—Elements And Definitions
F 1151.5 Inst 1 “Lewd” Implied Moral Depravity
F 1151.5 Inst 2 Duress: Reasonable Person Standard
F 1151.5 Inst 3 Forcible Sex Offenses: Definition Of Duress
F 1151.6 Pandering—Defense Theories
F 1151.6 Inst 1 Pandering: Not Applicable To Payment Of Wages To Act Or Model For Film Or Publication (PC 266i)
F 1151.6 Inst 2 Pandering: Defined—Inapplicable To Nude Modeling (PC 266i)
F 1151.7 Pandering—Preliminary Fact Issues [Reserved]
F 1151.8 Pandering—Unanimity/Duplicity/Multiplicity [Reserved]
F 1151.9 Pandering—Lesser Offense Issues [Reserved]
F 1151 Notes
F 1151 Note 1 Pandering—CALCRIM Cross-References And Research Notes
F 1151 Note 2 Pimping/Pandering: Requirement Of Physical Contact Between Prostitute And Customer
F 1151 Note 3 Sex Crimes: Entrapment
F 1151 Note 4 Pandering Applicable To A Target Already Working As A Prostitute
Return to Series 1100 Table of Contents.
F 1151.1 Titles And Identification Of Parties
F 1151.1 Inst 1 Pandering—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1151.1 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 1151.2 Pandering—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 1151.3 Pandering—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 1151.4 Pandering—Burden Of Proof Issues
F 1151.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 1151.4 Inst 2 Modification Required Where ID At Issue
*Modify CC 1151, paragraph 4, sentence 2 as follows [added language is underlined; deleted language is stricken]:
When deciding whether the act was accomplished by duress, consider all the circumstances, including the person’s age and (her/his) relationship to the defendant perpetrator.]
Points and Authorities
See FORECITE F 1000.4 Inst 6.
F 1151.5 Pandering—Elements And Definitions
F 1151.5 Inst 1 “Lewd” Implied Moral Depravity
See FORECITE F 1150.5 Inst 1.
F 1151.5 Inst 2 Duress: Reasonable Person Standard
See FORECITE F 1000.5 Inst 4.
F 1151.5 Inst 3 Forcible Sex Offenses: Definition Of Duress
See FORECITE F 1111.5 Inst 2.
F 1151.6 Pandering—Defense Theories
F 1151.6 Inst 1 Pandering: Not Applicable To Payment Of Wages To Act Or Model For Film
Or Publication (PC 266i)
*To be added at the conclusion of CC 1151:
The payment of wages to an actor or model who performs a sexual act in filming or photographing for a publication is not sufficient to convict the defendant of the charge of pandering.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Right To Instruction On Defense Theory—See FORECITE F 315.1.2 Inst 2.
Modeling For Film As Defense Theory—If a person pays a model or actor to perform sexual acts in filming or photographing for publication, the actual sexual conduct is not unlawful so long as it is between consenting adults and not open to the public. (People v. Freeman (1988) 46 C3d 419, 429.) Moreover, unless the film or publication has been determined to be “obscene,” there is no illegality in the procurement of the sexual act. (Id. at 428, fn 6.)
Therefore, if the charges are founded upon such conduct, or if the defense relies upon such circumstances to negate guilt, the above supplement to CJ 10.71 should be given.
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 10.71a.
F 1151.6 Inst 2 Pandering: Defined—Inapplicable To Nude Modeling (PC 266i)
*Add to CC 1151 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 pandering.
Points and Authorities
See FORECITE F 1151.6 Inst 1.
F 1151.7 Pandering—Preliminary Fact Issues[Reserved]
F 1151.8 Pandering—Unanimity/Duplicity/Multiplicity[Reserved]
F 1151.9 Pandering—Lesser Offense Issues[Reserved]
F 1151 NOTES
F 1151 Note 1 Pandering—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
See FORECITE F 1150 Notes
CALCRIM 1150 [Pimping]
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.
F 1151 Note 2 Pimping/Pandering: Requirement Of Physical Contact Between Prostitute And Customer
See FORECITE F 10.70 n2.
CALJIC NOTE: See FORECITE F 10.71 n2.
F 1151 Note 3 Sex Crimes: Entrapment
See FORECITE F 1000 Note 5.
F 1151 Note 4 Pandering Applicable To A Target Already Working As A Prostitute
The proscribed activity of encouraging someone “to become a prostitute,” as set forth in PC 266i (a)(2), includes encouragement of someone who is already an active prostitute, or undercover police officer. (People v. Zambia (2011) 51 C4th 965, 978-82.)
