2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 6 - Sexual Offenses
§ 16-6-12. Pandering

Universal Citation: GA Code § 16-6-12 (2021)

A person commits the offense of pandering when he or she solicits a person to perform an act of prostitution in his or her own behalf or in behalf of a third person or when he or she knowingly assembles persons at a fixed place for the purpose of being solicited by others to perform an act of prostitution.

(Code 1933, § 26-2016, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1970, p. 236, § 5; Ga. L. 1988, p. 1797, § 1; Ga. L. 1998, p. 1301, § 1.)

Cross references.

- Actions for childhood sexual abuse, § 9-3-33.1.

Law reviews.

- For review of 1998 legislation relating to crimes and offenses, see 15 Ga. St. U. L. Rev. 69 (1998). For article, "Misdemeanor Sentencing in Georgia," see 7 Ga. St. B. J. 8 (2001). For article, "Crimes and Offenses: Crimes Against the Person," see 28 Ga. St. U. L. Rev. 131 (2011).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1943, p. 568, (see now O.C.G.A. § 44-7-18), are included in the annotations for this Code section.

Section is substantially related to achievement of important governmental objectives.

- O.C.G.A. § 16-6-12 is one part of a broad statutory scheme that serves important governmental objectives, and is substantially related to achievement of these objectives. Fluker v. State, 248 Ga. 290, 282 S.E.2d 112 (1981), appeal dismissed, 455 U.S. 1009, 102 S. Ct. 1699, 72 L. Ed. 2d 127 (1982).

Equal protection.

- Sex-based discriminatory language of section prior to 1988 amendment did not violate equal protection. Fluker v. State, 248 Ga. 290, 282 S.E.2d 112 (1981), appeal dismissed, 455 U.S. 1009, 102 S. Ct. 1699, 72 L. Ed. 2d 127 (1982).

Prostitution includes solicitation of carnal intercourse in unnatural way.

- Term "prostitution" as defined by the legislature does not mean solely sexual intercourse in the natural way, but includes solicitation of carnal intercourse in an unnatural way. Price v. State, 76 Ga. App. 108, 45 S.E.2d 84 (1947) (decided under Ga. L. 1943, p. 568).

Indiscriminate illegal intercourse with number of men not necessarily involved.

- "Prostitution" as used in statute relating to solicitation of another for the purpose of prostitution does not necessarily involve indiscriminate illegal intercourse with a number of men. Price v. State, 76 Ga. App. 108, 45 S.E.2d 84 (1947) (decided under Ga. L. 1943, p. 568).

Pandering as condition of employment.

- Evidence was sufficient to convict the defendant of pandering because requiring sexual activities as a condition of employment constituted pandering; and the defendant solicited the second victim to engage in sexual acts with the defendant and, in exchange, gave the victim a paying job and permitted the victim to keep that job. Kea v. State, 344 Ga. App. 251, 810 S.E.2d 152 (2018).

Evidence sufficient.

- Defendant's solicitation of the victim to perform sexual acts, which did not expressly exclude sexual intercourse, supported conviction of offense of pandering. McGee v. State, 165 Ga. App. 423, 299 S.E.2d 573 (1983).

Cited in Blanton v. State, 150 Ga. App. 559, 258 S.E.2d 174 (1979).

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Prostitution, § 17 et seq.

C.J.S.

- 73 C.J.S., Prostitution and Related Offenses, § 14 et seq.

ALR.

- Constitutionality and construction of pandering acts, 74 A.L.R. 311.

White Slave Traffic Act (Mann Act) as affecting constitutionality or application of state statutes dealing with prostitution, 161 A.L.R. 356.

Operation of nude-model photographic studio as offense, 48 A.L.R.3d 1313.

Validity and construction of statute or ordinance proscribing solicitation for purposes of prostitution, lewdness, or assignation - modern cases, 77 A.L.R.3d 519.

Validity, construction, and application of state statute forbidding unfair trade practice or competition by discriminatory allowance of rebates, commissions, discounts, or the like, 41 A.L.R.4th 675.

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