Is Prostitution Legal in Las Vegas?

Contrary to Las Vegas’s image as a party town and to many people’s perceptions, prostitution is NOT legal in Las Vegas or surrounding Clark County, Nevada.  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 either soliciting a prostitute or soliciting clients for prostitution you face criminal charges which will remain on your criminal record which is searchable by employers and others in background checks until sealed.  There are time periods which must elapse after the conclusion of a case before a record sealing can take place.

Where and under what circumstances is prostitution legal in Nevada?

Prostitution is only legal in Nevada on a county by county basis, if the county population does not exceed 700,000, and then only in state licensed brothels.  Currently it is legal in 10 of Nevada’s 17 counties, and currently only 21 (down from a high of 35) state licensed brothels are in operation throughout Nevada.

Employees in state licensed brothels must be at least 18 years of age, have work cards, work of their own free will, and must submit to regular medical examinations to detect HIV and other STD’s, and must use condoms.  A legal brothel may not be located within 400 yards of a school or church and may not face a main street.  Outside of these specific locations and circumstances, soliciting a prostitute or practicing prostitution is subject to legal penalties in Nevada.

Penalties for engaging in prostitution in Nevada

Prostitution is defined by Nevada law (NRS 201.295) as: engaging in sexual conduct, which includes intercourse, oral-genital contact, or any touching of the sexual organs or intimate parts of a person, in exchange for a fee, monetary consideration, or other thing of value.

As an alleged customer attempting to solicit a prostitute in Nevada (NRS 201.354):

• For a first offense is charged as a misdemeanor, which carries a jail sentence up to 6 months in county jail and/or up to $1,000 fine, plus an additional fine of $400, and a civil penalty of not less than $200. If dismissed, sealing of records may take place immediately.  If convicted, one year after conclusion of the case.
• For a second offense is charged as a gross misdemeanor, which carries a jail sentence up to 1 year in county jail and/or up to $2,000 fine, plus an additional fine of $800, and a civil penalty of not less than $200. If dismissed, sealing of records may take place immediately.  If convicted, two years after conclusion of the case.
• For a third or subsequent offense is charged as a gross misdemeanor, which carries a jail sentence up to 1 year in county jail and/or up to $2,000 fine, plus an additional fine of $1,300, and a civil penalty of not less than $200. If dismissed, sealing of records may take place immediately.  If convicted, two years after conclusion of the case.

As an alleged customer attempting to solicit a child (under 18) in Nevada:

• For a first offense is charged as a Category E felony, which carries a sentence of 1 to 4 years in Nevada State Prison and/or up to $5,000 fine. If dismissed, sealing of records may take place immediately.  If convicted, no sealing of records is available.
• For a second offense is charged as a Category D felony, which carries a sentence of 1 to 4 years in Nevada State Prison and/or up to $5,000 fine. If dismissed, sealing of records may take place immediately.  If convicted, no sealing of records is available.
• For a third or subsequent offense is charged as a Category C felony, which carries a sentence of 1 to 5 years in Nevada State Prison, and up to $10,000 fine. If dismissed, sealing of records may take place immediately.  If convicted, no sealing of records is available.

As an alleged prostitute attempting to solicit a customer in Nevada:

• Is charged as a misdemeanor, which carries a jail sentence of up to 6 months in jail and/or $1,000 fine.

As an alleged prostitute, who knows they have HIV, attempting to solicit a customer in Nevada:

• Is charged as a Category B felony, which carries a sentence of 2 to 10 years in Nevada State Prison and/or up to $10,000 fine.

The Defenders will provide an aggressive defense against charges of Prostitution

While the penalties for charges of prostitution are severe, there are defenses against those charges, and the burden of proof beyond a reasonable doubt remains on the prosecution in such cases.  The lawyers of The Defenders have the experience, skill and knowledge to provide a criminal defense which will stand up in a court against the prosecution’s allegations.  If you have been charged with the criminal offense of soliciting, either as an alleged customer or provider, call our office today to discuss your potential case at (702) 333-3333.