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  • Will Kelbaugh

Pandering in Georgia

Updated: Feb 7, 2019

OCGA § 16-6-12 makes it illegal to "solicit[ ] a person to perform an act of prostitution" or "knowingly assemble[] persons at a fixed place for the purpose of being solicited by others to perform an act of prostitution." This crime is known as Pandering and it is normally a misdemeanor, unless other circumstances are present, such as an alleged prostitute who is younger than 18 years' old. The State of Georgia takes a dim view of "the world's oldest profession" and the consequences of a conviction for Pandering are more severe than arguably less serious crimes. Misdemeanors are generally punishable by imprisonment for up to 12 months and a fine of up to $1,000. OCGA 17-10-3(a). However, Pandering is a misdemeanor of a high and aggravated nature. OCGA § 16-6-13. Therefore, the maximum penalty for misdemeanor Pandering is up to 12 months imprisonment and a fine of up to $5,000. OCGA 17-10-4. A conviction for felony Pandering is punishable by imprisonment for up to 20 or 30 years, depending on the circumstances. Further, the law in Georgia requires that people convicted of Pandering have their names, addresses, charge of conviction, and booking photos published in the legal newspaper in their county of residence, OCGA 16-6-12(c)(1), and must "submit to testing for sexually transmitted diseases within 45 days" following the date of conviction, and must "consent to release of the test results to the defendant's spouse." OCGA 16-6-13.1.

If the punishments for a Pandering conviction are not severe enough, Georgia law also specifies that a motor vehicle "used by a person to facilitate a violation of Code Section . . . 16-6-12[, pandering,] . . . is declared to be contraband and no person shall have a property right in it." OCGA 16-6-13.2. Further, "[a]ny property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of Code Section . . . 16-6-12, [pandering,] and any proceeds are declared to be contraband and no person shall have a property right in them." OCGA 16-6-13.3.

Will Kelbaugh is experienced in handling Pandering cases and can help people charged with Pandering to protect their rights.

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