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18-7-206. Pimping

Text

Any person who knowingly lives on or is supported or maintained in whole or in part by money or other thing of value earned, received, procured, or realized by any other person through prostitution commits pimping, which is a class 3 felony.

History

History.
Source: L. 71: R&RE, p. 452, 1. C.R.S. 1963: 40-7-206. L. 72: P. 274, 3. L. 83: Entire section amended, p. 707, 1, effective March 22.

Annotations

ANNOTATION

Annotators note. Since 18-7-206 is similar to former 40-9-11, C.R.S. 1963, and laws antecedent thereto, relevant cases construing those provisions have been included in the annotations to this section.

This section is not unconstitutionally vague. People v. Ganatta, 638 P.2d 268 (Colo. 1981).

There is an element in pandering not necessarily present in pimping, i.e., the affirmative, knowing action of arranging or offering to arrange an assignation for the practice of prostitution by another; therefore, the two crimes are distinguishable and may entail different punishments. People v. Johnson, 195 Colo. 350, 578 P.2d 226.

The phrase lives on is defined as to be maintained in life; to acquire a livelihood, to subsist with, on, or by, as to live on spoils of those who live by labor. Trozzo v. People, 51 Colo. 323, 117 P. 150 (1911); People v. Ganatta, 638 P.2d 268 (Colo. 1981).

Receipt of proceeds of prostitution from pimp did not support conviction. See Trozzo v. People, 51 Colo. 323, 117 P. 150 (1911).

Receiving money pursuant to legitimate business transaction not proscribed. One who receives money or any other thing of value from a prostitute pursuant to a legitimate business transaction, i.e., in consideration of the sale of merchandise or services, does not come within the proscription of this section. People v. Ganatta, 638 P.2d 268 (Colo. 1981).

Evidence that defendant was a pimp under this section was held admissible to show motive in prosecution for murder of police officer who was attempting to take defendants woman away from him. Coates v. People, 106 Colo. 483, 106 P.2d 354 (1940).

Establishment of prima facie case. Where the peoples evidence establishes that a person knowingly applies a thing of value received through anothers act of prostitution to his own benefit, whether it be a business or personal benefit, a prima facie case of proof of the crime of pimping has been made. People v. Ganatta, 638 P.2d 268 (Colo. 1981).

Evidence supporting inference of support by prostitution. Evidence that a prostitute has given all her earnings for a certain time period to the defendant, and that the defendants other sources of income were insufficient to pay his living expenses, supports a reasonable inference that the defendant had knowingly lived on or been supported in whole or in part by money earned through prostitution. People v. Barron, 195 Colo. 390, 578 P.2d 649 (1978).

Despite defendants argument that he merely received money for room rent and not from acts of prostitution, jurys finding that defendant was guilty of pimping was supported by evidence that purpose of businesses was to allow prostitution, that businesses were given 30% of the money the women received for acts of prostitution, and that defendant had full knowledge of how each business operated. People v. Cerrone, 867 P.2d 143 (Colo. App. 1993); affd on other grounds, 900 P.2d 45 (Colo. 1995).

Applied in People v. Stage, 195 Colo. 110, 575 P.2d 423 (1978); People v. Franklin, 645 P.2d 1 (Colo. 1982).