Penal Code 266j PC - Giving or Transporting a Minor Under 16 for Lewd Purposes
California Penal Code 266j PC is the statute making it a felony offense to transport or arrange for the transportation of a minor under 16 for lewd or lascivious acts.
This is considered a form of child sex trafficking and carries severe penalties if convicted. PC 266j is often called child prostitution or the human trafficking of children.
A closely related offense, Penal Code 266 PC, makes it a crime to entice a minor under 18 into a brothel for the purpose of prostitution or to procure them to have sexual intercourse with another person. Another closely related crime includes Penal Code 266h and 266i PC pimping and pandering.
Penal Code 266j says, “Any person who intentionally gives, transports, provides or makes available, or who offers to give, transport, provide, or make available to another person, a child under the age of 16 for the purpose of any lewd or lascivious act as defined in Section 288, or who causes, induces, or persuades a child under the age of 16 to engage in such an act with another person, is guilty of a felony and shall be imprisoned in the state prison for a term of three, six, or eight years, and by a fine not to exceed $15,000.”
If convicted of violating this law, the penalties include up to eight years in state prison and being required to register as a tier-three sex offender for life.
This law is primarily designed to protect minors from sexual exploitation by seeking severe penalties for anyone attempting to facilitate sex trafficking. This law explicitly targets would-be pimps that are seeking to recruit prostitutes under the age of 16.
What Type of Activity is Illegal Under PC 266j?
Penal Code 266j PC makes it a felony crime for someone to do any of the following acts to a minor under the age of 16 for lewd or lascivious purposes as defined under Penal Code 288 PC:
- Give the minor to another person.
- Transport the minor somewhere.
- Provides access to the minor.
- Makes the minor available to another person.
- Offers to do any of the acts above or
- Persuade or induce a minor to commit lewd acts with someone.
A lewd or lascivious act on a minor is defined under Penal Code 288 PC as any act of a sexual nature with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the minor or the perpetrator.
Notably, PC 266j is not typically charged against someone as a standalone offense; instead, it's charged along with other child sex crimes, such as violations of PC 288 lewd acts with a minor and PC 266 enticing a child to prostitution.
The District Attorney does not have to prove that the minor was sexually molested to convict someone of the crime, only that they were offered, transported, or had the intent to do so.
What Must be Proven for a PC 266j Conviction?
To convict you of violating Penal Code 266j, transporting a minor for lewd purposes, the prosecutor must prove beyond a reasonable doubt all the elements of the crime listed below:
- You transported, gave, or made a minor under 16 available to someone,
- You knew that the minor was under 16 when the crime occurred,
- You acted with intent to facilitate lewd or lascivious conduct with the minor,
- Your conduct was intentional.
Suppose a worker within a human trafficking ring transports 15-year-old girls to a party to perform sexual acts on the guests. Even though this worker did not organize this activity, he could be charged with violating PC 266j for knowingly transporting the girls.
What Are Related Crimes?
Several California crimes are related to Penal Code 266j transporting a minor under 16 for lewd purposes, including the following:
- Penal Code 266 PC – enticing a child to prostitution law makes it a crime for someone to entice a minor into a brothel for the purpose of prostitution or fraudulently procure them to have sexual intercourse with somebody.
- Penal Code 236.1 PC - human trafficking law makes it a crime to deprive a person's liberty with the intent to violate pimping and pandering or child pornography laws.
- Penal Code 266h and 266i PC - pimping and pandering law makes it a felony crime to collect earnings from a prostitute or to persuade someone to either become or remain a prostitute.
- Penal Code 288 PC - lewd acts with a minor law make it a felony to engage in lewd and lascivious acts with a minor under the age of 14.
- Penal Code 288.2 PC - sending harmful matter to seduce a minor law prohibits distributing any harmful material of a sexual nature to minors.
- Penal Code 288.3 PC - contacting a minor to commit a felony law makes it a crime to attempt to convince a minor to commit a felony.
- Penal Code 288.4 PC – arrange a meeting with a minor for lewd purposes law prohibits attempting to coordinate a meeting with a minor.
What is the PC 266j Penalties?
Penal Code 266j PC is a felony sex crime with harsh penalties. If you are convicted of transporting or providing a minor under 16 for lewd purposes, you will face the following punishments:
- Three, six, or eight years in state prison, depending on the case details,
- A fine of up to $15,000,
- Tier-three sex offender registration for life.
What is the PC 266j Defenses?
If you have been accused of Penal Code 266j PC, our California sex crime defense lawyers can use different strategies, such as follows:
- Lack of intent,
- Lack of knowledge,
- Police entrapment,
Maybe we can argue there was a lack of intent, which is often difficult for a prosecutor to prove beyond a reasonable doubt. Perhaps we can prove you had no intention of involving the minor child in a lewd act.
Perhaps we can argue that you were unaware that the purpose of transport was for lewd acts. Maybe we can show the minor was over 16, but you could still face other charges.
Perhaps we can argue you are the victim of police entrapment from overbearing police tactics. In police sting operations, undercover police will sometimes persuade people through harassment or flattery to commit a crime they would have otherwise not committed.
Perhaps we can negotiate with the District Attorney for reduced charges or a case dismissal. Contact us for a free case evaluation. The Hedding Law Firm has offices in Los Angeles, CA.
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