Max Factor Heir's Prison Sentence Reduced by 74 Years Due to Legal Error, Leading to Release

Andrew Luster, heir to the Max Factor cosmetics fortune, has been released to parole supervision after his original 124-year prison sentence for rape convictions was effectively reduced to 50 years due to a legal error. The reduction, which resulted in Luster serving approximately two decades behind bars, was attributed to the original judge improperly stacking prison terms without the necessary legal findings.

J. David Nick, Luster's former attorney, told Fox News Digital that the error led to Luster's original sentence being thrown out in March 2013. The following month, he was resentenced to 50 years, though his convictions remained intact. Luster was originally sentenced on February 18, 2003, by Ventura County Superior Court Judge Ken W. Riley. The sentence included 20 consecutive six-year terms for rape convictions, totaling 124 years.

Nick explained that California law permits consecutive sentences for certain sex offenses but requires specific judicial findings. Ventura County Superior Court Judge Kathryne Ann Stoltz granted Luster a new sentencing hearing in March 2013, ruling that the original court had not adequately justified the imposition of consecutive sentences. During the resentencing on April 16, 2013, Stoltz imposed a combination of consecutive, concurrent, and stayed sentences, reducing Luster's prison term to 50 years.

Court records indicate that some rape counts received three-year terms instead of the six-year terms imposed initially. According to Nick, one of Luster's victims submitted a letter to the judge requesting leniency. The woman, who had maintained a long-term relationship with Luster, reportedly expressed that while she did not condone his actions, she believed he possessed redeeming qualities and asked for leniency. Nick estimated this request influenced the judge to impose lighter sentences on certain counts, potentially saving Luster 60 to 65 years in prison.

The Ventura County District Attorney's Office stated that prosecutors had opposed the sentence reduction. "Our office fought at every opportunity to preserve Andrew Luster's original 124-year prison sentence," the office said in a statement. "We believed then, as we do now, that drugging women, raping them, and gloating about the crimes on film requires the strongest of sentences." Prosecutors noted they had also joined Luster's victims in opposing his early parole in 2024 and 2025, but due to the 2013 resentencing, Luster reached his maximum confinement date in October 2026.

The California Department of Corrections and Rehabilitation confirmed Luster's release to parole supervision on October 11, stating it was not an early release but the completion of his legally calculated prison term. The agency noted that Luster received pre-sentence credit and was eligible for additional credits through good conduct and program participation. Individuals serving fixed sentences must be released upon completion of their calculated terms, even if discretionary parole is denied.

Nick also addressed criticism of Proposition 57, a 2016 California ballot measure that expanded parole consideration and prison credits. He argued that existing sentencing-credit rules already allowed offenders, including those convicted of rape by intoxication, to earn credits. He estimated Proposition 57 reduced Luster's time by about two years. The DA's office pointed out that a 2025 change in California law classifying drug-facilitated sexual assaults as violent felonies came too late to affect Luster's sentence.

Despite his release, Luster is required to register as a sex offender for life, will be under parole supervision for three years, and is prohibited from contacting his victims. Nick mentioned Luster called him from prison shortly before his release, marking his final call from incarceration. Nick, who previously represented Luster, stated he never considered him dangerous, describing him as having committed "crass" acts for which he needed to pay a price. Luster's reported residence in Glendora, California, has raised concerns among local officials regarding public safety.