Zambia

Defendant Jomo Zambia was convicted of pandering in violation of Penal Code section 266i, subdivision (a)(2), 1 which defines *970 pandering as encouraging “another person to become” a prostitute. 2 Here, the target of defendant’s encouragement was an undercover police officer. He contends that section 266i, subdivision (a)(2) does not apply when the target is already a prostitute or an undercover police officer acting as one. The trial and appellate court rejected this argument. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On June 8, 2007, Officer Erika Cruz was working undercover as a street prostitute in Los Angeles. Defendant drove past her, looked in her direction, made a U-turn, and stopped about 15 feet across the street from her. Defendant lowered his window and told Cruz to get into his truck. When Cruz asked why, defendant said he was a pimp. The officer told him to back up so they could talk. As he did so, Cruz called Officer Paschal, her “security officer” to report that she was possibly “working a pimp.”

Standing by defendant’s open passenger side window, Officer Cruz saw cell phones on the truck’s center console. Defendant again told her to get in the…

Encouraging another person “to become a prostitute” is a felony. (Pen. Code, § 266i, subd. (a)(2); all further statutory references are to the Penal Code.) Falling within that statutory language, the majority holds, is “encouragement of someone who is already an active prostitute” to become a prostitute. (Maj. opn., ante, at p. 981.) I disagree. I cannot fathom how one can “become” what one already is. And a defendant who, as here, solicits an undercover police officer in the mistaken belief that the officer already is a prostitute lacks the specific intent of encouraging another person “to become” a prostitute.

I

In June 2007, Los Angeles Police Officer Erika Cruz, working undercover, posed as a prostitute on Sepulveda Boulevard in Van Nuys. Defendant Jomo Zambia drove past her, made a U-tum, stopped his truck across the street from her, and told her to get into his truck. When she asked him why, defendant said he was a pimp, adding he would take care of her by providing her with food and clothing. Defendant was then arrested.

Defendant was convicted of pandering. (§ 266i, subd. (a)(2).) The Court of Appeal upheld the conviction, as does the majority today.

II

The law…

I respectfully dissent. The unambiguous language of Penal Code section 266i, subdivision (a)(2) precludes the application of that particular subdivision to those, like the undercover police officer here, whom the defendant believes already to be a prostitute. One simply cannot “become” what one already is, and if, as the majority holds, the statute requires the specific intent “to persuade or otherwise influence the target ‘to become a prostitute’ ” (maj. opn., ante, at p. 980), defendant cannot be convicted under this subdivision for attempting to recruit into his service a woman the evidence showed he believed already to be engaged in the business of prostitution.

This is not to say the majority is necessarily wrong about the legislative intent behind the statute. As the majority observes (maj. opn., ante, at pp. 977-978), the antipandering provisions of Penal Code section 266i, subdivision (a) cover a broad range of conduct, including much that ordinarily would involve persons already working as prostitutes. (See id., subd. (a)(1) [procuring a person for prostitution], (4) [persuading a person to remain an inmate of a house of prostitution], (5) [procuring a person for…

Defendant Jomo Zambia was convicted of pandering in violation of Penal Code section 266i, subdivision (a)(2), [1] which defines pandering as encouraging "another person to become" a prostitute. [2] Here, the target of defendant's encouragement was an undercover police officer. He contends that section 266i, subdivision (a)(2) does not apply when the target is already a prostitute or an undercover police officer acting as one. The trial and appellate court rejected this argument. We affirm.

On June 8, 2007, Officer Erika Cruz was working undercover as a street prostitute in Los Angeles. Defendant drove past her, looked in her direction, made a U-turn, and stopped about 15 feet across the street from her. Defendant lowered his window and told Cruz to get into his truck. When Cruz asked why, defendant said he was a pimp. The officer told him to back up so they could talk. As he did so, Cruz called Officer Paschal, her "security officer" to report that she was possibly "working a pimp."

Standing by defendant's open passenger side window, Officer Cruz saw cell phones on the truck's center console. Defendant again told her to get in the truck, repeating that he was a…