Dixon

*1156 Opinion

A jury convicted Todd Robert Dixon of pandering. (Pen. Code, § 266i, subd. (a)(2); further section references are to this code.) As was charged here, a person who “[b]y promises, threats, violence, or by any device or scheme, causes, induces, persuades, or encourages another person to become a prostitute” is guilty of pandering. (§ 266i, subd. (a)(2).)

Defendant’s conviction was based on a text message he sent to 17-year-old L.N. that read, “ ‘U with me, 1 night, $200 or more.’ ” On appeal, defendant contends there was insufficient evidence to support his conviction because “a person who seeks sex for himself, and uses the money as an inducement, is not a panderer.” We agree.

As California’s Supreme Court has explained over 100 years ago in a similar context, a “pander[erj” is one “ ‘who procures the gratification of the passion of lewdness for another.’ ” (People v. Roderigas (1874) 49 Cal. 9, 11 , italics added (hereafter Roderigas).) Since there was no evidence of that in this case, we shall reverse defendant’s conviction.

In light of our conclusion, we need not address defendant’s other claims of error.

FACTS

Defendant was a family friend of L.N. In…