Prostitution

Sex Crimes: Prostitution/ Solicitation

As most people know, prostitution is legal throughout in Nevada. What is not commonly known is that prostitution is not legal in Nevada’s two largest counties, Clark (Las Vegas) and Washoe (Reno). Moreover, throughout the rest of Nevada, prostitution is heavily regulated. Convictions for violations of the prostitution laws are severe and include jail time and harsh fines.



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Frequently Asked Questions

  • What is the legal definition of Prostitution or Solicitation?

    Prostitution and Solicitation are governed by NRS 201.295, 201.354, 201.356, and 201.358. Click here to view the full NRS text.


    • “Prostitute” means a male or female person who for a fee, monetary consideration or other thing of value engages in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person.
    • “Prostitution” means engaging in sexual conduct with another person in return for a fee, monetary consideration or other thing of value.

    To simplify, it is unlawful for any person to engage in prostitution or solicitation therefor, except in a licensed house of prostitution.


    Except as otherwise provided in subsection 3, a person who violates this law is guilty of a misdemeanor.


    A person who violates this law by soliciting a child for prostitution is guilt of a class E, D, or C felony.

  • But I thought that prostitution was legal in Nevada?

    It is, sort of. However, it is only legal in licensed brothels in the less populated counties in the state (in other words, every county except Clark County – which is where Las Vegas is located – and Washoe County – which is where Reno is located).

  • Okay, but why does it take so much to define prostitution?

    Because the legal definition of prostitution is far broader than just the exchange of money for sexual intercourse. Moreover, the solicitation, both of and by a prostitute, as well as living off the earnings of a prostitute, are all crimes associated with prostitution.

  • How can the definition of prostitution be more broad than sex for money?

    Prostitution means far more than just sexual intercourse. It also means more than anal or oral sex for money.


    Prostitution is the exchange of something of value for a sexual touching of any kind.


    This means that cash does not have to be involved in order to be convicted of prostitution. The exchange of anything that holds some sort of value can constitute “payment” in the context of prostitution. The definition is left broad, as are most criminal statutes, so that prosecutors have the discretion to charge someone in a wide variety of situations based on the specific situations.


    Similarly, the definition of “sexual conduct” is extremely broad, allowing prosecutors to charge someone whenever there is conduct that is sexually gratifying to at least one of the people involved. That means that groping, fondling, and even light touching can be construed as “sexual conduct” with regard to prostitution. Again, the definition is intentionally broad so that prosecutors have the ability to choose whether to charge someone based on the entirety of the circumstances.

  • What do you mean by “solicitation.”

    Solicitation is a much easier term to define and understand. Essentially, it is the offering or agreeing to engage in prostitution. For lack of a better term, it is the attempt to engage in prostitution.


    Please Note: Even though solicitation is an attempted crime, intent to commit the underlying crime is not an element. In other words, it does not matter if you intended to engage in prostitution, the crime of solicitation is complete as soon as the act of offering or agreeing to engage in prostitution is completed.


    Because the crime of solicitation is committed upon completion of the offer or acceptance, the manner of communication is important. The statute is intentionally vague about what constitutes an “offer” or an “acceptance” to trade sexual favors for payment. Consequently, any euphemism or alternate way of wording the actions can still be charged as solicitation. For example, referring to someone as an “escort” does not make them any less liable to solicitation charges. Nor does referring to the possibility of prostitution as “partying.” In other words, the specific language does not matter, so long as it is clear that there is an offer and/or acceptance of trading payment for sexual favors of some kind.

  • How does someone get charged with solicitation?

    There are essentially three ways that prostitution and solicitation can be caught by law enforcement and charged:


    • Personal Observation – Law enforcement authorities are well aware of the places where prostitution and solicitation are most likely to occur. Consequently, they often patrol those areas and can arrest the person offering sex for pay, or the person attempting to obtain sex for pay, or both.
    • Police Informant – Law enforcement agencies will occasionally get information that someone is working as an illegal prostitute, or that someone is attempting to solicit others for sexual favors. Generally, even with such tips, the police will not arrest someone unless they see the solicitation or prostitution occurring.
    • Undercover Operations – Undercover sting operations are a popular part of television and the movies. In reality, officers will set up such operations when they suspect solicitation or prostitution taking place, but do not have enough evidence to charge someone. In these undercover operations, the officers may be setting up to catch either the alleged prostitutes or the alleged customers, depending on the information available and the particular situation.

    Please Note: If you are convicted of prostitution, then the state will also require that you submit to an HIV test.

  • Isn’t that entrapment?

    It can be. Undercover operations, particularly those dealing with prostitution, must be very careful not to cross the line into entrapment. However, as long as the officer can show that the arrested party would have attempted to solicit prostitution even if the officer were not present, then there was no entrapment. Put another way, entrapment occurs when the accused person would not have attempted to solicit someone without the actions of the officer.

Penalties

What you need to know

Okay, so what are the penalties?


If a minor is involved in the solicitation, the prosecutor may also charge more serious crimes such as “statutory sexual seduction,” “lewdness with a minor,” or “sex trafficking” and may require registration on the sex offender registry.


Convictions for prostitution and solicitation carry identical possible sentences. Both are misdemeanors in Nevada, which carry possible penalties of:


  • Up to 6 months in jail; and/or
  • Possible fines up to $1,000.

If the person being solicited is under 18, then a first conviction can be charged as a category E felony and carry a possible penalty of:


  • Up to 4 years in a Nevada State Prison; and
  • Possible fines up to $5,000.

If the solicitation is of a minor, and the conviction is a second offense, then the charge will be a category D felony, carrying with it:


  • Between 1 and 4 years in a Nevada State Prison; and
  • Possible fines up to $5,000.

For any subsequent conviction for solicitation of a minor, the charge will be a category C felony, will be unavailable for probation or suspended sentence, and will carry:


  • Between 1 and 5 years in a Nevada State Prison; and
  • Possible fines up to $10,000.

Is there anything else I should know?


Yes. Prostitution and Solicitation are complex crimes. The specific circumstances of each individual charge will change how it is handled. For example:


  • First Offenses – Generally speaking, judges will not impose maximum penalties for a first conviction and will instead impose probation or lesser penalties. Subsequent convictions will increase the penalties imposed.
  • Plea Deals – Often, the prosecutor will offer a plea deal where the accused can agree to dismiss the charge, or to lessen the charges to something else, in exchange for completing various requirements. The most common requirements include:
  • Fines;
  • Community Service;
  • Completing classes on AIDS awareness or the dangers of prostitution; and
  • Avoiding further arrest or citation for a certain amount of time (often referred to as “stay out of trouble” or “SOOT” for short).


If such a plea deal is agreed upon, then after completing your requirements, the charges against you can be:


  • Dismissed;
  • Changed to the crime of trespassing; or
  • Changed to the crime of disorderly conduct.


Having the charges altered to trespassing or disorderly conduct is generally preferred because they do not carry the negative stigma of prostitution and solicitation.


  • Repeat Offenders – While judges are generally lenient on first time offenders, repeat offenders are not likely to get the same treatment. Subsequent convictions will almost certainly increase the penalties for conviction. Moreover, if the soliciting was taking place in casinos, and you are convicted 3 times within a 5 year period, then the prosecutor can add on the charge of “repeated casino solicitation” which is also a misdemeanor and can increase your sentence by:
  • Up to 6 months in jail; and/or
  • Possible fines up to $1,000.

  • Sealing Records – 2 years after a conviction for prostitution, the convicted party can petition and request that the court seal the record of the conviction unless:
  • The charges were dismissed without a conviction. The party can then request the records be sealed immediately;
  • The party is convicted for a subsequent charge of prostitution or solicitation. Generally, the person would then have to wait another 2 years to have the records sealed for both; or
  • The conviction was for prostitution after having knowledge of positive HIV test results, in which case the convicted party must wait 15 years before filing such a request;

Defense

We at LippLaw are dedicated to giving you the best defense for your case.

Are there any defenses?


Yes, of course there are. The most common defenses include:

Entrapment

As noted above, many undercover sting operations cross the line and “entrap” the accused. Entrapment occurs when the illegal activity can be directly attributed to the conduct of the arresting officer. In other words, the accused criminal would not have engaged in the criminal conduct without the actions of the officer. Some common forms of entrapment in regards to prostitution and solicitation include:


  • Duress – If the officers force the accused into engaging in the illegal conduct, whether through force or threat of force, then they have crossed the line into entrapment. Clearly, the accused would not have engaged in the illegal conduct without the duress created by the officer.

  • Forced Intoxication – Prostitution and solicitation often occur at bars. In situations where the officer buys someone a few drinks in order to lower their inhibitions and get them to engage in solicitation, the officer has clearly crossed the line into entrapment. The accused would not have engaged in the illegal conduct were it not for the officer’s intentionally getting them intoxicated.

Mistake

As noted above, the statutes relating to prostitution and solicitation are extremely vague, allowing prosecutors to charge people depending on the circumstances. Considering the possibility of undercover operations and the secrecy that surrounds the propositioning and solicitation of prostitution, it is not surprising that prostitutes will attempt to use codes and euphemisms for their activities. As a result, it is possible that someone accused of solicitation was not intending to agree to solicitation or prostitution. This is not the same as not intending to engage in prostitution. If one party reasonably thinks they are agreeing to a legal act (for example a massage), while the other believes they are agreeing to a sexual act, then the person agreeing to the legal act has not committed solicitation. The defense of mistake will get the charges dropped or dismissed in any situation where the charges stemmed from an innocent mistake.

Lack of Overtness

The laws against prostitution and solicitation require that the crimes be “overt”. In other words, if there was no “overt” agreement to exchange payment for sexual favors, then there has been no prostitution or solicitation. The “Lack of Overtness” defense, is similar to the defense of mistake and relies on the vagueness of the supposed “offer” or “acceptance”. In other words, if it is unclear whether the offer or acceptance included the exchange of payment, then there has been no “overt” solicitation or prostitution and the charges against you should be dropped or dismissed.

What should I do if I’ve been charged with Prostitution or Solicitation?


As with any crime, it is very important that you speak with an experienced criminal defense attorney as soon as possible so that you can discuss the specific circumstances as well as any defenses that may apply to your case. Contact Lipp Law today.

THE ABOVE INFORMATION IS PROVIDED FOR GENERAL REFERENCE PURPOSES AND SHOULD NOT BE CONSIDERED AS A GUIDE TO YOUR SPECIFIC CIRCUMSTANCES.

Related Laws

Laws as defined by the NRS and explanations

Prostitution and Solicitation Laws

  • NRS 201.295 - Definitions

    As used in NRS 201.295 to 201.440, inclusive, unless the context otherwise requires:


    1. “Adult” means a person 18 years of age or older.
    2. “Child” means a person less than 18 years of age.
    3. “Induce” means to persuade, encourage, inveigle or entice.
    4. “Prostitute” means a male or female person who for a fee, monetary consideration or other thing of value engages in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person.
    5. “Prostitution” means engaging in sexual conduct with another person in return for a fee, monetary consideration or other thing of value.
    6. “Sexual conduct” means any of the acts enumerated in subsection 4.
    7. “Transports” means to transport or cause to be transported, by any means of conveyance, into, through or across this State, or to aid or assist in obtaining such transportation.

  • NRS 201.353  Unlawful for protitstitute to engage in prostitution or solicitation for prostitution except in licensed house of prostitution

       1.    It is unlawful for a prostitute to engage in prostitution or solicitation therefor, except in a licensed house of prostitution.


       2.    A person who violates subsection 1 is guilty of a misdemeanor.


       3.    A peace officer who:

             (a) Detains but does not arrest or issue a citation to a person for a violation of subsection 1 shall, before releasing the person, provide information regarding and opportunities for connecting with social service agencies that may provide assistance to the person. The Department of Health and Human Services shall assist law enforcement agencies in providing information regarding and opportunities for connecting with such social service agencies pursuant to this paragraph.

             (b) Arrests or issues a citation to a person for a violation of subsection 1 shall, before the person is released from custody or cited:

                   (1) Inform the person that he or she may be eligible for assignment to a preprosecution diversion program established pursuant to NRS 174.032; and

                   (2) Provide the information regarding and opportunities for connecting with social service agencies described in paragraph (a).


       4.   If, at any time before the trial of a person charged with a violation of subsection 1, the prosecuting attorney has reason to believe that the person is a victim of sex trafficking, the prosecuting attorney shall dismiss the charge. As used in this subsection, “sex trafficking” means a violation of subsection 2 of NRS 201.300.

  • NRS 201.354  Unlawful for customer to engage in prostitution or solicitation for prostitution except in licensed house of prostitution: Criminal penalties; civil penalty; discharge and dismissal.

          1.   It is unlawful for a customer to engage in prostitution or solicitation therefor, except in a licensed house of prostitution.


          2.   Any person who violates subsection 1 by soliciting for prostitution:

                (a) A child;

                (b) A peace officer who is posing as a child; or

                (c) A person who is assisting in an investigation on behalf of a peace officer by posing as a child,

          >  is guilty of soliciting a child for prostitution.


          3.  Except as otherwise provided in subsection 5, a person who violates this section:

                (a) For a first offense, is guilty of a misdemeanor and shall be punished as provided in NRS 193.150, and by a fine of not less than $400.

                (b) For a second offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140, and by a fine of not less than $800.

                (c) For a third or subsequent offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140, and by a fine of not less than $1,300.


          4.  In addition to any other penalty imposed, the court shall order a person who violates subsection 3 to pay a civil penalty of not less than $200 per offense. The civil penalty must be paid to the district attorney or city attorney of the jurisdiction in which the violation occurred. If the civil penalty imposed pursuant to this subsection:

                (a) Is not within the person’s present ability to pay, in lieu of paying the penalty, the court may allow the person to perform community service for a reasonable number of hours, the value of which would be commensurate with the civil penalty.

                (b) Is not entirely within the person’s present ability to pay, in lieu of paying the entire civil penalty, the court may allow the person to perform community service for a reasonable number of hours, the value of which would be commensurate with the amount of the reduction of the civil penalty.


          5.  A person who violates this section by soliciting a child for prostitution:

                (a) For a first offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130, and by a fine of not more than $5,000.

                (b) For a second offense, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

                (c) For a third or subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and maximum term of not more than 6 years, and may be further punished by a fine of not more than $15,000. The court shall not grant probation to or suspend the sentence of a person punished pursuant to this paragraph.


          6.  Any civil penalty collected by a district attorney or city attorney pursuant to subsection 4 must be deposited in the county or city treasury, as applicable, to be used for:

                (a) The enforcement of this section; and

                (b) Programs of treatment for persons who solicit prostitution which are certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.

          > Not less than 50 percent of the money deposited in the county or city treasury, as applicable, pursuant to this subsection must be used for the enforcement of this section.


          7.  If a person who violates subsection 1 is ordered pursuant to NRS 4.373 or 5.055 to participate in a program for the treatment of persons who solicit prostitution, upon fulfillment of the terms and conditions of the program, the court may discharge the person and dismiss the proceedings against the person. If the court discharges the person and dismisses the proceedings against the person, a nonpublic record of the discharge and dismissal must be transmitted to and retained by the Division of Parole and Probation of the Department of Public Safety solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section for participation in a program of treatment for persons who solicit prostitution. Except as otherwise provided in this subsection, discharge and dismissal under this subsection is without adjudication of guilt and is not a conviction for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for a second or subsequent conviction or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the proceedings. The person may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge the proceedings in response to an inquiry made of the person for any purpose. Discharge and dismissal under this subsection may occur only once with respect to any person. A professional licensing board may consider a proceeding under this subsection in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to the applicant or licensee.


          8.  Except as limited by subsection 9, if a person is discharged and the proceedings against the person are dismissed pursuant to subsection 7, the court shall, without a hearing, order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order. The court shall cause a copy of the order to be sent to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.


          9.  A professional licensing board is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.

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