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Name: People v. Wagner
Case #: G039038
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 01/22/2009

Penal Code section 266i, subdivision (a)(2) (pandering) is limited to those situations where defendant induces a woman to become a prostitute and excludes those where defendant solicits a woman engaged in prostitution to work for him. Appellant was charged with pandering which specifically prohibits inducing another person to become a prostitute. The evidence presented at trial was that appellant approached a woman working as a prostitute and verbalized that he wanted her to work for him. The court granted the prosecution’s request for a modified version of CALCRIM No. 1151, defining the crime of pandering, to add language specifying that pandering applies to cases where defendant solicits one whom he believes to be a prostitute to work for him. Under the rules of statutory construction, the appellate court found that the language of the statute is clear and is limited to soliciting one to become a prostitute, and does not include soliciting a person working as a prostitute to change her business relationship. (Disagreeing with People v. Bradshaw (1973) 31 Cal.App.3d 421). Thus, the modified instruction was wrong and appellant’s conviction for pandering was overturned.