Joseph Jordan is a military defense lawyer who aggressively represents servicemembers in courts martial. He is a former Army Judge Advocate. He has successfully defended servicemembers in numerous courts martial against pandering charges.
Pandering by inducing, enticing or procuring an act of prostitution is a violation of Article 134 of the Uniform Code of Military Justice (UCMJ). To convict you of pandering, the prosecutor must prove that you (1) induced, enticed or procured another individual to engage in sexual intercourse for hire; (2) that the act was wrongful; and (3) that the conduct was service discrediting or prejudicial to good order and discipline in the armed forces.
Inducing, enticing or procuring prostitution means that you persuaded, coaxed, solicited or caused an act of sexual intercourse for hire to occur. Sexual intercourse, or any penetration of the female sex organ by the penis, must have occurred. The compensation for the sexual act need not be money to qualify as prostitution, other valuable consideration is possible. For the act to be wrongful there must not have been a legal justification or excuse.
Pandering requires three people: the panderer, the prostitute and the customer. If only two people are involved, the offense is solicitation to commit prostitution.
The prosecutor must also prove that the conduct prejudicial to good order and discipline, which means that the adultery had an obvious and measurable effect on morale, discipline, or unit cohesion or had a detrimental impact on the authority or esteem of a service member. Alternately, the prosecutor must prove that the adultery was service discrediting, meaning that because of the open and notorious nature of the allegation, it lowered the service in the public esteem, brought the service into disrepute or made it subject to public ridicule.
Pandering is a very serious charge. Convictions for pandering may result in a dishonorable discharge, reduction to E-1 and up to 5 years in prison.