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Orange County District Attorney
Press Release
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Tony Rackauckas, District Attorney
401 Civic Center Drive West
Santa Ana, CA 92701
For Immediate Release
Case # 11NF3418
September 19, 2014
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Contacts:
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Susan Kang Schroeder
Chief of Staff
Office: 714-347-8408
Cell: 714-292-2718
Farrah Emami Director of Public Affairs
Office: 714-347-8405
Cell: 714-323-4486
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MAN CONVICTED OF PIMPING AND PANDERING WOMAN BY DRIVING HER TO ORANGE COUNTY TO PERFORM COMMERCIAL SEX ACTS
WESTMINSTER A man was convicted yesterday of pimping and pandering a woman from Riverside County by driving her to Orange County for the purpose of performing commercial sex acts for his benefit. Damaris Markyse Thompson, 24, Hemet, was found guilty by a jury Sept. 18, 2014, of one felony count each of pimping and pandering. He faces a maximum sentence of six years in state prison at his sentencing Oct. 2, 2014, at 1:30 p.m. in Department W-9, West Justice Center, Westminster.
Under the law, human trafficking is described as depriving or violating the personal liberty of another person with the intent to effect a violation of pimping or pandering. Pimping is described as knowingly deriving financial support in whole or in part from the proceeds of prostitution. Pandering is the act of persuading or procuring an individual to become a prostitute, or procuring and/or arranging for a person work in a house of prostitution.
(1) Coercion includes any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; the abuse or threatened abuse of the legal process; debt bondage; or providing and facilitating the possession of any controlled substance to a person with the intent to impair the person's judgment.
(2) Commercial sex act means sexual conduct on account of which anything of value is given or received by any person.
(3) Deprivation or violation of the personal liberty of another includes substantial and sustained restriction of another's liberty accomplished through force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person, under circumstances where the person receiving or apprehending the threat reasonably believes that it is likely that the person making the threat would carry it out.
(4) Duress includes a direct or implied threat of force, violence, danger, hardship, or retribution sufficient to cause a reasonable person to acquiesce in or perform an act which he or she would otherwise not have submitted to or performed; a direct or implied threat to destroy, conceal, remove, confiscate, or possess any actual or purported passport or immigration document of the victim; or knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or immigration document of the victim.
(5) Forced labor or services means labor or services that are performed or provided by a person and are obtained or maintained through force, fraud, duress, or coercion, or equivalent conduct that would reasonably overbear the will of the person.
(6) Great bodily injury means a significant or substantial physical injury.
(7) Minor means a person less than 18 years of age.
(8) Serious harm includes any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor, services, or commercial sexual acts in order to avoid incurring that harm.
(i) The total circumstances, including the age of the victim, the relationship between the victim and the trafficker or agents of the trafficker, and any handicap or disability of the victim, shall be factors to consider in determining the presence of deprivation or violation of the personal liberty of another, duress, and coercion as described in this section.
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