Camari Burroughs pled guilty to one count of pimping and was sentenced to 20 years, with 10 years to be served in confinement and the remaining 10 years on probation. Following the denial of his motion to withdraw his guilty plea, Burroughs appeals, asserting several enumerations of error. For the following reasons, we affirm. 1. Burroughs first argues that the indictment alleges only a misdemeanor count of pimping and that he therefore could not be sentenced for a felony. He argues that the indictment “lists a form of pimping activity NOT sic enumerated in the felony statute,” and that pimping only becomes a felony when the act alleged occurs “before the act of prostitution.”
The indictment alleged that Burroughs “did instruct . . . a child under the age of eighteen years, to commit prostitution and did receive money from said child.” OCGA § 16-6-11 provides thata person commits the offense of pimping when he or she performs any of the following acts: 1 Offers or agrees to procure a prostitute for another; 2 Offers or agrees to arrange a meeting of persons for the purpose of prostitution; 3 Directs or transports another person to a place when he or she knows or should know that the direction or transportation is for the purpose of prostitution; 4 Receives money or other thing of value from a prostitute, without lawful consideration, knowing it was earned in whole or in part from prostitution; or 5 Aids or abets, counsels, or commands another in the commission of prostitution or aids or assists in prostitution where the proceeds or profits derived therefrom are to be divided on a pro rata basis.Further, under OCGA § 16-6-13 b, a person convicted of pimping “when such offense involves . . . the pimping for . . . a person under the age of 18 years to perform an act of prostitution . . . shall be guilty of a felony. . . .” Here, Burroughs was charged with instructing a person to commit prostitution and receiving money therefrom knowing that it was earned from prostitution, a clear violation of OCGA § 16-6-11 4, and arguably also a violation of OCGA § 16-6-11 5. Because the indictment further alleged that the person Burroughs instructed and from whom he received money was under the age of 18, the crime of pimping was elevated to a felony under OCGA § 16-6-13 b. The trial court therefore did not err in sentencing Burroughs for a felony.
