Q: What are the differences between California Penal Code 266(h) (Felony) and 653.23 (misdemeanor) ? Please help.

A: Under California law, Penal Code 266(h) and 653.23 both relate to prostitution, but they differ in terms of the severity of the offense and the specific actions prohibited.

California Penal Code 266(h) (Felony) - Pimping:

1. Pimping is defined as deriving support or maintenance, in whole or in part, from the earnings of another person's prostitution.

2. It is a felony offense, punishable by up to 6 years in state prison and/or a fine of up to $10,000.

3. The offense does not require the actual solicitation of prostitution by the accused.

4. Pimping is considered a more serious offense than solicitation of prostitution.

California Penal Code 653.23 (Misdemeanor) - Supervising or Aiding Prostitution:

1. This code prohibits directing, supervising, recruiting, or aiding another person in the commission of prostitution.

2. It is a misdemeanor offense, punishable by up to 6 months in county jail and/or a fine of up to $1,000.

3. The offense requires active participation in the solicitation or commission of prostitution.

4. Supervising or aiding prostitution is considered a less serious offense compared to pimping.

In summary, Penal Code 266(h) deals with deriving support from another person's prostitution and is a felony, while Penal Code 653.23 involves actively participating in the solicitation or commission of prostitution and is a misdemeanor. The main differences lie in the severity of the offense, the level of involvement required, and the associated penalties.