In the State of Montana, the offense of pandering is referred to as “promoting prostitution.” According to the Montana criminal law, if a person purposely or knowingly commits any of the following acts, that person has committed the offense of promoting prostitution:
- procures an individual for a house of prostitution or a place in a house of prostitution for an individual
- encourages, induces, or otherwise purposely causes another to become or remain a prostitute
- solicits clients for another person who is a prostitute
- procures a prostitute for a patron
- transports an individual into or within this state with the purpose to promote that individual's engaging in prostitution or procures or pays for transportation with that purpose
- leases or otherwise permits a place controlled by the offender, alone or in association with others, to be regularly used for prostitution or for the procurement of prostitution or fails to make reasonable effort to abate that use by ejecting the tenant, notifying law enforcement authorities, or using other legally available means
- lives in whole or in part upon the earnings of an individual engaging in prostitution, unless the person is the prostitute's minor child or other legal dependent incapable of self-support
- owns, controls, manages, supervises, resides in, or otherwise keeps, alone or in association with others, a house of prostitution or a prostitution business
Penalty for Pandering in Montana
In the State of Montana, if one is convicted of the crime of promoting prostitution/pandering, one is subject to a fine in an amount not to exceed $50,000.00, or imprisonment of up to ten years. In addition, one may receive a sentence which combines both of these options.
Defenses for Pandering in Montana
Pandering defenses can vary, depending upon the particular details of the case. Several examples of possible defenses to pandering in the State of Montana include the following:
- mistake
- defendant did not commit the crime
- police misconduct
- jury tampering
Attempted Pandering in Montana
When one is charged with attempted pandering in the State of Montana, the prosecution has to prove that one had the intent to commit pandering. If evidence of one’s intent cannot be shown, the charge will be unable to be proved.
When to Talk to a Lawyer
When one is charged with promoting prostitution/pandering, one should seriously consider a consultation with a criminal defense lawyer who has expertise in pandering and prostitution matters. A pandering conviction can result in a loss of one’s civil rights as well as imprisonment or hefty fines. However, an experienced criminal defense attorney can help to minimize the impact of a conviction of pandering, as well as determine one’s rights in the matter. Finally, an attorney can prepare a defense and obtain the most advantageous outcome on one’s behalf.
