Understanding Prostitution Laws in Las Vegas and Nevada

According to the Defenders, despite Las Vegas’s reputation as a party destination, prostitution is illegal in Las Vegas and the surrounding Clark County [1].

While it is true that prostitution is legal in certain rural counties of Nevada and in very specific circumstances, it is illegal outside of very well-defined parameters throughout the state

If arrested for soliciting or engaging in prostitution, the charge will remain on your criminal record, visible to employers and others during background checks, until it is eligible for sealing after a designated period.

Where is Prostitution Legal in Nevada?

Prostitution in Nevada is legal only on a county-by-county basis, provided the county’s population is under 700,000, and it is restricted to state-licensed brothels. Currently, prostitution is legal in 10 of Nevada’s 17 counties, with 21 state-licensed brothels in operation.

Employees at these brothels must be at least 18 years old, possess work cards, voluntarily engage in the work, undergo regular medical exams for HIV and STDs, and use condoms.

Legal brothels must also be located at least 400 yards from schools or churches and cannot face a main street. Any solicitation or practice of prostitution outside these regulated environments is subject to legal penalties in Nevada.

Penalties for Illegal Prostitution in Nevada

According to CDL, in Nevada, prostitution is defined as engaging in sexual acts for money or any valuable consideration, including intercourse, oral-genital contact, or any intimate touching intended to arouse sexual desire [2].

Working as a prostitute outside a licensed brothel is considered a misdemeanor, punishable by fines and possible jail time. However, only adults can be prosecuted under these laws, as Nevada’s safe harbor laws protect minors from prosecution for prostitution.

Police officers must provide persons detained, arrested, or cited for prostitution with information on available social services or pre-prosecution diversion programs. If a prosecutor believes the person is a sex trafficking victim, all charges must be dropped (Nev. Rev. Stat. §§ 62C.015, 174.032, 201.295 (2024).)

Penalties for Customers of Illegal Prostitution in Nevada

Customers who solicit or engage in illegal prostitution services can face misdemeanor or felony charges.

Soliciting Adult Prostitutes: A first offense for soliciting an adult prostitute outside of a licensed establishment is a misdemeanor, punishable by up to six months in jail and a minimum $400 fine. Repeat offenses carry harsher penalties, with gross misdemeanors resulting in up to 364 days in jail and fines up to $2,000. Courts may offer treatment programs as an alternative to conviction for first-time offenders.
Soliciting Child Prostitutes: Soliciting a minor under 18 years old for prostitution is a serious felony. A first offense is a category D felony, punishable by one to four years in prison and fines up to $5,000. Subsequent offenses escalate to category C and B felonies, with penalties including up to six years in prison and fines reaching $15,000. Probation or suspended sentences are not permitted for these offenses.

Penalties for Illegally Operating a Prostitution Business in Nevada

Running or managing a business that facilitates illegal prostitution is a category C felony in Nevada, punishable by up to five years in prison and fines. More severe penalties apply if the crime involves sex trafficking.

Penalties for Pandering and Sex Trafficking in Nevada

Pandering and sex trafficking are severe offenses in Nevada.

Pandering: Persuading or inducing an adult to engage in illegal prostitution without threats or violence constitutes pandering, a category C felony.
Sex Trafficking: Forcing, coercing, or recruiting minors or adults into prostitution is classified as sex trafficking. Trafficking adults is a category B felony with a sentence of three to ten years in prison. Trafficking minors is a category A felony, carrying a mandatory life sentence, with no defense for mistaking the victim’s age. Facilitating sex trafficking through travel arrangements or other means can also result in category B felony charges.

Defenses Against Prostitution and Solicitation Charges

Being charged with prostitution or solicitation doesn’t automatically lead to a conviction, especially with the help of an experienced attorney [3]. Common defenses against these charges include lack of overt intent, entrapment, and illegal police searches.

Lack of Overt Intent: If the defendant’s intentions to engage in illegal prostitution or solicitation are not clear, it can be difficult for the prosecution to prove the case. Actions or words that lack overt intent may not be considered criminal.

For instance, if someone buys a drink for another person at a bar with the vague hope of facilitating sex, this is not necessarily a crime. However, offering something of value explicitly in exchange for a sexual act would be easier for the prosecution to prove.

Entrapment: Suppose a law enforcement agent tricks an individual into engaging in illegal prostitution when they were not otherwise inclined to do so. In that case, an attorney can argue that the police illegally entrapped the defendant into breaking the law.

Illegal Police Search: Under the Fourth Amendment, citizens are protected from unlawful searches and seizures. If evidence of prostitution or solicitation was obtained through an illegal search, it may not be admissible in court, which could result in the charges being dismissed or reduced.

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References:
1. https://thedefenders.net/blogs/is-prostitution-legal-in-las-vegas/
2. https://www.criminaldefenselawyer.com/resources/prostitution-pimping-and-pandering-laws-nevada.htm
3. https://thevegaslawyers.com/criminal-defense/practice-areas/las-vegas-prostitution-and-solicitation-charges-defense-lawyers

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