Law, Punishment, & Defense
Information on the crime of prostituting wife is found at California penal code section 266g (PC266g). This brief over discusses the law and punishment related to penal code 266g. For further information, call our sex crimes criminal defense lawyers today for a free consultation.
PC 266g Law
PC 266g: Every man who, by force, intimidation, threats, persuasion, promises, or any other means, places or leaves…, his wife in a house of prostitution…, or consents to, or permits, the placing or leaving of his wife in a house of prostitution, or allows or permits her to remain therein, is guilty prostituting wife (PC 266g Abbrev.).
A house of prostitution is any place where prostitution is known to occur by the defendant, including a house, brothel, illegal massage parlor, etc. For further definition, see PC 315.
Prostitution: Prostitution is defined as sexual services in exchange for payment (i.e., cash, good, reciprocal services, etc.). For further definition of prostitution, see PC 647(b).
PC 266g Punishment
Incarceration: PC 266g, prostituting wife, is charged only as a felony. If found guilty of prostituting wife, the defendant could face two (2), three (3), or four (4) years in jail. The exact amount of incarceration depends largely on the sophistication of the defendant’s crime, his criminal history, and more.
Probation Sentence: A probation sentence is not available in PC 266g cases. This means that if the defendant is found guilty, his incarceration must be either a “suspended sentence,” (See Suspended Jail Sentence below), or two (2), three (3), or four (4) years of incarceration.
Suspended Jail Sentence: A suspended jail sentence is a jail sentence that is not served unless the defendant violates a condition of his out-of-custody release. Suspended jail sentences are allowed in PC 266g cases.
Example: After conviction for PC 266g, David is sentenced to two (2) years of incarceration; however, the judge “suspends” the two (2) years of incarceration upon the condition that David violate no law for two (2) years. If David violates no law during those two years, then David’s incarceration commitment is fulfilled even though he never went to jail. On the other hand, if David commits a crime within two (2) years of his PC 266g conviction, the criminal court judge will order David to jail for two years.
Split Jail Sentence: A split jail sentence is a jail sentence that is split between incarceration and out-of-custody work release. Split jail sentences are allowed in PC 266g cases.
Sex Offender Registration: Sex offender registration is not mandatory in prostituting wife cases. However, if the judge finds that the defendant committed the crime out of sexual compulsion, then the judge may order sex offender registration requirements for the defendant for up to ten (10) years (PC 290.006).
Additional Punishment: In addition to the punishment listed above, if the defendant is found guilty of penal code 266g, he may face any or all of the following: increased penalties for future criminal convictions, immigration consequences, military services consequences, professional licensing consequences, civil lawsuits, criminal protective orders, and more.
PC 266g Defenses
Common defenses to a criminal charge of prostituting wife include, but are not limited to, lack of sufficient evidence that anyone received compensation for wife’s sexual services, lack of sufficient evidence that defendant knew the place where he left wife was a place that conducted prostitution, coerced confession, entrapment, illegal search and seizure of evidence, statute of limitations, and more.
For more information on defenses to PC 266g crimes, including a discussion of the statute of limitations for violations of PC 266g, see Defense to Sex Crimes.
If you have been charged with a violation of PC 266g, prostituting wife, contact our sex crimes criminal defense lawyers today for a free consultation. Our experienced team of criminal defense lawyers has helped hundreds of clients charged with misdemeanor and felony sex crimes in the Inland Empire, including San Bernardino, Riverside, and Los Angeles County. Call today!