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Understanding Prostitution and Solicitation Charges
According to DLG, prostitution and solicitation are distinct types of sex crimes, each carrying serious legal, social, and personal consequences upon conviction [1].
What Does Soliciting Sex Mean?
Solicitation involves asking a sex worker for sexual favors in exchange for money or offering money or something of value for sex.
Solicitation of Prostitution Defined
“Prostitution” is a crime where the individual accepts money or something of value in exchange for performing sex acts. Although prostitution is legal in certain rural areas of Nevada, it is illegal in Las Vegas and throughout Clark County.
Legality and Execution of Prostitution Sting Operations in Las Vegas
According to JHL, prostitution sting operations are a key strategy employed by law enforcement to address prostitution [2].
These operations typically involve undercover officers posing as prostitutes or clients to engage with individuals looking to participate in commercial sex acts. Such operations often culminate in arrests, with details sometimes shared publicly by the police as a deterrent to others
Law enforcement must adhere to specific guidelines during sting operations to avoid entrapment, which occurs when individuals are coerced into committing crimes they otherwise would not have committed. Effective stings involve officers soliciting or accepting offers for sexual services, often renting premises to create environments suggestive of prostitution, such as unlicensed massage parlors.
Beyond immediate arrests, prostitution investigations involve carefully planned undercover operations and inter-agency collaboration. These operations aim to disrupt the sex industry by targeting potential clients through deception, operating on the principle that reducing demand will shrink the market for prostitution. However, the effectiveness of this approach is still debated.
Also Read: What is the Punishment for Hiring a Prostitute in Las Vegas?
What is Entrapment?
According to Wikipedia, entrapment occurs when a law enforcement agent induces a person to commit a crime they would have otherwise been unlikely or unwilling to commit [3]. It involves the conception and planning of an offense by an officer, who then persuades or tricks an individual into committing the crime.
Entrapment is discouraged as a policing practice and is available as a defense against criminal charges in many jurisdictions. Sting operations, where police use deception to catch criminals, often raise concerns about potential entrapment.
Depending on jurisdictional law, the burden may be on the prosecution to prove beyond a reasonable doubt that entrapment did not occur, or on the defendant to prove they were entrapped as an affirmative defense.
In the practice of journalism and whistle-blowing entrapment means “deceptive and trust-breaking techniques … applied to trick someone to commit a legal or moral transgression
Entrapment as a Legal Defense
Entrapment is a legal defense used to challenge a conviction for an illegal act, occurring when law enforcement initiates the idea of the crime and persuades the accused to commit it [4]. This defense aims to prevent overzealous police officers from enticing law-abiding citizens into illegal activities they would not have otherwise undertaken.
As for a sting operation to catch those participating in solicitation, the defense of entrapment puts the burden of proof on the accused. The accused must prove that if not for the urging and overbearing conduct of the police officer they would not have engaged in the illegal act.
Nevada Penalties for Prostitution Offenses
In Nevada, a conviction for prostitution is classified as a misdemeanor, carrying penalties of up to six months in jail and a $1,000 fine [5]. Soliciting a person under 18 for prostitution is a category E felony, with harsher fines and longer prison sentences for repeat offenses, pandering, and soliciting minors.
Additionally, Nevada law mandates that individuals arrested for prostitution or solicitation undergo an HIV/AIDS test, with a $100 testing fee added to their penalties upon conviction.
If you are facing charges for prostitution or solicitation, it is crucial to have a skilled criminal defense attorney to represent you. Defenses such as insufficient evidence, entrapment, and mistake can be effective.
Often, alternatives like community service can be negotiated for these charges. For visitors or tourists in Las Vegas, an attorney can often manage your case without necessitating a court appearance, allowing you to avoid returning to Las Vegas.
Related Articles:
- Are Escort Companies Legal?
- Which Counties in Nevada is Prostitution Legal?
- Most Common Examples of Soliciting Prostitutes
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References:
1. https://www.draskovich.com/blog/2021/march/the-difference-between-prostitution-solicitation/
2. https://www.jenniferhorwitzlaw.com/2020/02/24/what-you-need-to-know-about-prostitution-sting-operations/
3. https://en.wikipedia.org/wiki/Entrapment
4. https://www.hoffmanlawoffice.com/possible-entrapment-defenses-solicitation-of-prostitution.html
5. https://www.thegerstenlawfirm.com/legal-services/criminal-defense/prostitution-charges/
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