APPEAL from the Circuit Court of Peoria County; the Hon.
RICHARD E. EAGLETON, Judge, presiding.
Defendant Homer McCall appeals from a judgment and sentence of the Circuit Court of Peoria County following a bench trial, in which he was found guilty of pandering and sentenced to a term of not less than 1 nor more than 3 years imprisonment, with the sentence to run consecutively to an outstanding Federal sentence. The conviction of defendant was under section 11-16 of the Criminal Code of 1961 (Ill. Rev. Stat. 1975, ch. 38, par. 11-16) (with applicable Committee Comments), which reads as follows:
"11-16. Pandering. (a) Any person who performs any of the following acts for money commits pandering:
(1) Compels a female to become a prostitute; or
(2) Arranges or offers to arrange a situation in which a female may practice prostitution.
Pandering by compulsion is a Class 4 felony. Pandering other than by compulsion is a Class 4 felony." Ill. Rev. Stat. 1975, ch. 38, par. 11-16.
"Committee Comments Revised by Charles H. Bowman
In reshaping the cluster of statutes formerly dealing with prostitution, some arbitrary distinctions in terminology were made. `Pander', `procure', and `pimp' are three commonly used terms which have been employed to describe various types of activities connected with prostitution. An effort has been made here to use only one term to describe one general kind of function. Thus, pander has been used to denominate the activities of one who recruits prostitutes; pimp has been used as the label for one who lives off the earnings of the prostitute; procure is not used at all. So far as dictionary accuracy goes, the use of the words could be reversed. The distinctions were made here to provide convenient references by giving a more specific functional meaning to the terms. Comparisons with statutory provisions of other states becomes unprofitable too, since there is no consistent pattern that is of much assistance.
Section 11-16 describes the activity here labeled `pandering,' which involves the recruiting of persons into the practice of prostitution and with keeping practicing prostitutes in that line of endeavor. This functional classification then makes a distinction between the `recruiter-business manager' and the runner or contact man (dealt with under the preceding section) and the individual who is the prostitute's consort the pimp. Formerly, there were two principal statutes in the Illinois Criminal Code which dealt with the activity defined here as pandering.
Pandering is described in the section in the alternative. Subsection (a)(2) requires only that the accused arrange or offer to arrange for another to become a prostitute. Whether she does or not is immaterial. It may appear overly stringent now to make a mere verbal solicitation a felony particularly in view of the concern of the statute (Ill. Rev. Stat. 1961, ch. 38, §§ 165 to 169) for the heinousness of the technique used to place the female in the trade. However, once the historical reasons for this concern are dispensed with, the question resolves into one of whether pandering (as used in this section) should focus on the solicitation or the success of solicitation. Since it is the recruiting and management activity, and not its success, which is the evil, the section is aimed at this activity." Ill. Ann. Stat., ch. 38, par. 11-16, Committee Comments, at 464-66 (Smith-Hurd 1972).
It is noted that the Committee Comments point out that verbal solicitation would normally be expected to occur in pandering cases and that the focus here is not on success of the solicitation but rather the solicitation itself. It is also noted that the Comments emphasize that it is not only the recruiting of prostitutes but, also, keeping practicing prostitutes in that line of endeavor which would be involved in pandering.
From the record it was shown that the State offered three witnesses in support of the prosecution charge. The first witness was Elizabeth Ruggles, a policewoman working for the Peoria Police Department. Officer Ruggles was told to interview two females named Laura Goettsch and Julie Freyer, which she did. She advised an officer of the vice and drug unit of her conversation with the two girls. The officer instructed Ruggles to change into civilian clothing. The officer arranged to rent adjoining rooms at the Imperial 400 Motel in Peoria and he told Ruggles to take the two girls to one of the two rooms while the officers from the vice and drug unit would take the adjoining room.
Ruggles arrived at the motel while the girls waited in the car and she registered for a room. She was instructed to attempt to contact the defendant McCall. After Laura and Julie came to the room, Laura began calling various bars in town asking for defendant. When she had no luck, she began calling the "McCalls" listed in the phone book. She finally reached defendant at his brother's residence and she asked him to come to their motel room and told him that she, Laura, and Julie had met a "girl" in the area of the Big 500 and that they were ...