Information on the crime of abduction of a minor for prostitution is found in California penal code § 267. This summary includes information on the law, penalties, and common defenses related to PC 267. For further information, contact our sex crimes criminal defense lawyers for a free consultation.
PC 267 Law
Per PC 267 Every person who takes away any a minor under the age of eighteen (18) from the minor’s father, mother, guardian, or other person having the legal charge of the minor, without their consent, for the purpose of prostitution, is guilty of abduction of a minor for prostitution (PC 267 Abbrev.).
Prostitution Defined: Prostitution is the engagement, agreement, or solicitation of sexual services for money or other consideration. With some exceptions for minors who work as prostitutes for pimps, prostitution is illegal in California. For more information, see prostitution (PC 647(b)) & solicitation of a minor for prostitution (PC 647(b)(3)).
Note: PC 267 charges do not preclude other related criminal charges against the defendant who abducts the minor, such as kidnapping, assault on a minor, etc.
PC 267 Penalties
Prison Sentence: The crime of abduction of a minor for prostitution is charged as a felony in California. If found guilty of PC 267, the defendant could face up to sixteen (16) months, two (2) years, or three (3) years in a California state prison.
Note: A probation sentence, with or without a prison sentence, may also be available to the defendant after a PC 267 conviction in some situations (See Probation Sentence).
Whether the defendant receives a sixteen (16) month (low-term) prison sentence, a two-year (mid-term) prison sentence, or a three-year (high-term) prison sentence after a penal code 267 conviction depends on many factors, including the defendant’s criminal history, the facts of the case, the sophistication of the criminal conduct, and more.
Prison Presumptive: If the defendant is found guilty of abduction of a minor for prostitution, and he does not receive a probation sentence, then he must serve his incarceration in a California state prison, as opposed to a local county jail (PC 1170(h)(3)).
In addition, no part of the defendant’s prison sentence may be served out of custody on work release or house arrest, and no part of the defendant’s prison sentence may be “suspended” (i.e., “joint suspension”).
Probation Sentence: A probation sentence is out-of-custody supervision, as opposed to a prison sentence. A probation sentence is allowed in PC 267 cases, but a probation sentence is not guaranteed in any case.
Whether the defendant receives a probation sentence, as opposed to a prison sentence, after a conviction for PC 267, depends on the facts of the case, the defendant’s criminal history, the interest of the minor (victim), the terms of any negotiated plea bargain between the district attorney and the defendant, and more.
Felony Probation: If the defendant is granted a probation sentence after a PC 267 conviction, then that probation will be supervised by a felon probation officer (“formal probation”), as opposed to supervision by the court.
Formal probation for PC 267 will includes mandatory conditions, such as registration as a sex offender (PC 290), payment of court fees and fines, criminal protective orders in favor of the minor (victim), “remain out of trouble” conditions, and more.
Note: Failure to follow the conditions of formal probation after a PC 267 conviction will result in a “violation of probation” charges, which could lead to a termination of probation and sentence to prison, or other harsh punishment.
Work Release: As stated, if the defendant is ordered to prison after an abduction of a minor for prostitution conviction, then no part of that prison sentence may be served alternatively on work release or house arrest.
However, if the defendant is granted probation after a penal code 267 conviction, then the defendant may usually, but not always, serve work release as part of that probation sentence.
Jail Sentence: As stated, if the defendant is ordered to prison after an abduction of a minor for prostitution conviction, then the defendant must serve his or her time in a California state prison, as opposed to a local county jail.
However, if the defendant is granted a probation sentence after a PC 267 conviction, then the defendant may be ordered to serve a “jail” sentence as a “condition of probation.” In such a case, the defendant may serve a short jail sentence, as opposed to a state prison sentence.
Fifty Percent Rule: If the defendant is found guilty (or pleads “guilty,” or “no contest”) of abduction of a minor for prostitution, then any related prison or jail sentence may be reduced by up to fifty percent (50%) if the defendant serves his or her incarceration with “good behavior.”
Note: This fifty percent reduction applies to work release sentence associated with probation sentences in San Bernardino and Riverside Counties.
Three Strikes Application: PC 267 is not considered a “serious” or “violent” offense as those terms are defined in CA law at PC 119.27(c) and PC 667.5(c), respectively.
This means that PC 267 itself is not a “strike” offense under California’s Three Strikes Sentencing law. Nevertheless, if the defendant has previously suffered two “strike” conviction before a PC 267 conviction, then his PC 267 conviction may “trigger” a third strike, which could result in a 25-life prison sentence.
PC 290 Registration: If found guilty of abduction of a minor for prostitution, the defendant will be ordered to register as a sex offender (PC 290). This registration is required regardless of whether the defendant is granted a probation sentence after a PC 267 conviction.
Court Fines: In addition to any other court security fees, restitution, or civil lawsuit for civil damages, a conviction for penal code 267 will result in a fine of up to $2,000 per criminal conviction (PC 267).
Bail: Bail is an amount of money that must be posted by the defendant with the court to assure the defendant’s presence during the criminal pretrial proceedings. If the defendant does not post the bail amount, then the defendant must remain in custody (jail) during the criminal pretrial proceedings (release without bail may also be possible on “Own Recognizance Release”).
Bail amounts in PC 267 cases is $30,000 (San Bernardino County 2023). This amount may be reduced or increased for various reasons. For more information, see Bail Information in CA Sex Crimes.
Note: Bail is not a penalty related to a PC 267 conviction, but bail amounts related to abduction of a minor for prostitution is listed here because this amount is a cost related to the criminal charges of PC 267.
Additional Penalties: In addition to the penalties already listed, if found guilty of PC 267, the defendant could face immigration consequences, professional licensing consequences, loss of firearm rights, loss of military service, civil lawsuits, criminal protective orders, restitution orders, loss of scholarships, and more.
PC 267 Common Defenses
Every defense to any PC 267 criminal charges will be different from case to case. However, common defenses to abduction of a minor for prostitution charges include insufficient evidence to prove abduction (no transportation or false imprisonment of the minor), mistake of fact as to the age of the minor, statute of limitations, “coerced” statement(s), illegal search and seizure, “Miranda” rights violations, and more.
For more information on common defenses to sex crimes, including defenses associated with PC 267 criminal charges, see Defenses to Sex Crimes.
For further information on CA penal code 267, or abduction of a minor for prostitution, contact our sex crimes criminal defense lawyers today for a free consultation.
Our team of successful and passionate sex crimes criminal defense lawyers have successfully helped thousands of people charged with every type of misdemeanor and felony sex crime in the Inland Empire, including the cities and courts of San Bernardino, Riverside, Rancho Cucamonga, Fontana, Rialto, Victorville, Redlands, Yucaipa, Ontario, Hesperia, and more.
We represent defendants charged with lewd or lascivious act on a child (PC 288(a)), failure to register as sex offender (PC 290.018), sexual battery (PC 243.4(e)(1)), indecent exposure (PC 314.1), possession of child porn (PC 311.11), soliciting prostitution (PC 647(b)), revenge porn (PC 647(j)(4)), continuous sexual abuse of a child (PC 288.5(a)), unlawful sexual intercourse (PC 261.5(c)), rape (PC 261), and more. Call now!