Wagner

In Keeler v. Superior Court (1970) 2 Cal.3d 619, 632 [ 87 Cal.Rptr. 481 , 470 P.2d 617 ], our Supreme Court reminded us that, “Although the Penal Code commands us to construe its provisions ‘according to the fair import of their terms, with a view to effect its objects and to promote justice’ (Pen. Code, § 4), it is clear the courts cannot go so far as to create an offense by enlarging a statute, by inserting or deleting words, or by giving the terms used false or unusual meanings. [Citation.] Penal statutes will not be made to reach beyond their plain intent; they include only those offenses coming clearly within the import of their language. [Citation.]” In this case we reluctantly conclude that adherence to that adjuration requires reversal of this conviction and divergence with some 30-year-old case law.

Latroy Lamont Albert Wagner appeals his conviction for the crime of pandering (Pen. Code, § 266i, subd. (a)(2)). He contends the court erred by instructing the jury that pandering includes a situation where the defendant encourages or solicits one who is already a prostitute to “change her business relationship,” i.e., to work for him rather than continuing to ply…