Many people assume that prostitution and solicitation are legal in Las Vegas. The truth is that the acts remain unlawful in the city and throughout Clark County, NV. Undercover officers are frequently deployed to catch people engaging in these activities. If you are caught, you may be arrested and charged with a misdemeanor offense.
At the Miley Law Firm, P.C., we provide experienced representation for individuals who have been arrested for engaging in prostitution or solicitation in Las Vegas or the surrounding areas. Our lawyers can help you get a favorable outcome in your case, including getting the charges reduced or dismissed in some cases. If you have been arrested for prostitution or solicitation, contact our office at 702-942-0600 to schedule a confidential consultation.
Understanding Nevada’s Prostitution Laws
Under the Nevada Revised Statutes Section 201.353, it is unlawful for a prostitute to engage in prostitution or solicitation unless they are in a “licensed house of prostitution.” The state puts numerous restrictions on where licensed houses of prostitution or brothels can be operated.
Pursuant to state law, a house of prostitution (“house of ill fame”) may not be licensed in a county with a population of 700,000 or more. There are additional restrictions within those counties that may limit where the house can be located. Currently, there are only six counties that have operational brothels, which are generally in isolated areas.
Due to its population, Clark County is unable to have a licensed house of prostitution. Therefore, prostitution and solicitation remain unlawful within Las Vegas since it is located within Clark County. In most cases, crimes related to prostitution and solicitation are charged as misdemeanors.
Is Prostitution and Solicitation the Same Thing?
Contrary to what many people assume, prostitution and solicitation have different meanings. Prostitution refers to the act of engaging in sexual activity for money or in consideration of something of value.
Solicitation, on the other hand, refers to the act of seeking prostitution or offering the services. It is unlawful to engage in either solicitation or prostitution outside of a licensed house of prostitution under Nevada law.
The differences between prostitution and solicitation:
- Prostitution: involves the act of engaging in sexual activity for money or in consideration of something of value.
- Solicitation: involves the act of soliciting someone to engage in prostitution or the offering of illicit services.
The penalties for engaging in prostitution or solicitation include conviction of a misdemeanor offense and the payment of a significant fine. You may be eligible for a pre-prosecution diversion program but should speak to an attorney about your options.
Pimping vs. Pandering: What’s the Difference?
Pimping and pandering refer to two distinct acts, although both are related to sex work. Pimping generally refers to the act of taking money related to prostitution. Pandering, on the other hand, is charged when a person induces another person to engage in prostitution or to enter a house of prostitution.
What is considered pimping and pandering:
- Pimping: involves the taking or levying of proceeds from a prostitute. It may be charged as a felony offense.
- Pandering: involves inducing a person to engage in prostitution without the use of force or immediate threat of force.
A person may be charged with a crime if they live from the earnings of a prostitute. Under the Nevada Revised Statutes 201.320, it is unlawful for a person to knowingly accept, receive, levy, or appropriate money or valuable property the proceeds of a prostitute without consideration. It is a felony offense.
Pandering is codified under the Nevada Revised Statutes 201.300. Pandering is generally charged when the person did not use physical force or the immediate threat of force to induce the other person to engage in prostitution or enter a house of prostitution.
Understanding Sex Trafficking
If a person induces a child to engage in prostitution or enter a house of prostitution or uses force or threats to get an adult to engage in these activities may be charged with sex trafficking. Sex trafficking is generally charged as a felony and carries substantial penalties upon conviction.
Under Nevada law, a person may also be charged with facilitating sex trafficking if they facilitate, arrange, or pay for the transportation with the intent of inducing a person to engage in prostitution.
Arrested for Prostitution or Solicitation in Las Vegas? Contact Our Office.
Were you arrested for prostitution or solicitation in Las Vegas? Contact our office at 702-942-0600 to schedule a confidential consultation. Our attorneys will help you protect your rights and determine the best possible outcome in your case.
Depending on the circumstances, you may be able to get your charges dismissed or reduced. It is important to act early in order to secure the most favorable disposition. Call now to get started.
Prostitution and Solicitation FAQs
What Defenses are Available for Solicitation Charges in Las Vegas?
Defenses for solicitation charges in Las Vegas can vary based on the circumstances of the case. Common defenses include lack of intent, where the defendant argues there was no agreement or intention to solicit. Entrapment is another viable defense, where law enforcement's actions may have induced the alleged crime. Insufficient evidence, such as lack of credible proof, can also lead to dismissal of charges. Additionally, constitutional rights violations, like unlawful search or seizure, can invalidate the case. Consulting a skilled attorney is essential to develop a strong defense tailored to your situation.
What Should I do if I am Charged with Solicitation in Las Vegas?
If you are charged with solicitation in Las Vegas, it’s important to remain calm and exercise your right to remain silent. Do not discuss the details of your case with anyone except your lawyer. Seek the assistance of an experienced criminal defense attorney as soon as possible. They can review the details of your case, explain your legal options, and help build a defense strategy to protect your rights and achieve the best possible outcome.
What are the Criminal Penalties for Prostitution in Nevada?
The criminal penalties for prostitution in Nevada vary depending on the offense and circumstances. A first-time offense is typically charged as a misdemeanor, carrying penalties such as up to six months in jail and fines of up to $1,000. Repeat offenses or aggravating factors, such as involvement with minors or coercion, can result in felony charges, leading to harsher penalties, including longer prison sentences and larger fines. Consulting a qualified attorney is crucial for understanding and addressing these charges effectively.
Is Prostitution Legal in Las Vegas Hotels?
No, prostitution is illegal in Las Vegas and all of Clark County. Legal prostitution is only permitted in licensed brothels located in specific rural counties in Nevada. Any such activity in Las Vegas hotels violates Nevada law.
Is Prostitution Sex Trafficking?
Prostitution and sex trafficking are distinct crimes under Nevada law. However, if coercion, force, or exploitation is involved, prostitution can fall under the definition of sex trafficking.
How Long Does Prostitution Stay on Your Record?
A prostitution conviction in Las Vegas can stay on your record indefinitely unless you petition for an expungement or record seal, which may be possible after a set waiting period.
