People v. ZambiaAnnotate this Case
Defendant was convicted of pandering in violation of Penal Code section 266i, subdivision (a)(2), which defined pandering as encouraging "another person to become" a prostitute. At issue was whether subdivision (a)(2) applied when the target was already a prostitute or an undercover police officer acting as one. The court held that subdivision (a)(2) included encouragement of someone who was already an active prostitute or undercover police officer and disapproved People v. Wagner and People v. Montgomery to the extent that they were inconsistent with the opinion. The court also rejected defendant's contention that there was insufficient evidence that he encouraged anyone to become a prostitute where the undercover officer testified that he offered his services as pimp by telling her he would provide her with protection, housing, and clothing if she turned her earnings over to him and where defendant twice identified himself as a pimp, assured the officer that she could continue to work in the same area, and promised he would "take care of her."