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Name: People v. Branch
Case #: C060225
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/06/2010

It is not a defense to attempted pimping of a minor under the age of 16 (Pen. Code, secs. 664/266h, subd. (b)(2)) or pandering of a minor under the age of 16 (Pen. Code, sec. 266i, subd. (b)(2))that the defendant had a good faith belief that the minor was 18. The trial court refused an instruction on good faith, reasonable belief that the minor, who was 15 years old, was 18 years of age. Instead, the jury was instructed that in order to convict, it must find that she was under the age of 16 at the time of the offenses. Other cases have relied on a common law defense if there is an honest and reasonable belief in the existence of circumstances which, if true, would make the act innocent. The criminal intent for the crimes of attempted pimping and pandering is the attempt to pimp and pander. The age of the victim only affects the severity of the sentence, not the criminality of the conduct.