NRS 201.300: Sex Trafficking Laws in Nevada
Sex trafficking is undoubtedly a significant issue in the United States, particularly in large cities such as Las Vegas and Los Angeles.
Sex trafficking is particularly difficult when minor children are involved.
Local Police and Federal law enforcement make sex trafficking a priority issue when children are involved.
Trafficking in general is not just for the purposes of prostitution or other sex crimes. Trafficking of humans comes in many forms like indentured servitude or to bring people to the U.S. and then having them work in unsafe conditions to pay off the debt of them coming to the United States.
However, trafficking of people mostly occurs for prostitution and sex crimes.
Sex trafficking is a serious offense that can land a suspect in prison and have to register as a sex offender for the rest of their life.
If you or someone you know is charged with sex trafficking, it is important to know your rights and seek legal help. The Defenders can help you understand the charges you are facing, explain your options, and work to get the best outcome for your case. Contact us today for a free consultation.
Remember that no matter how serious or complex your case may be, we are here to fight for justice on your behalf. We will work tirelessly to provide a strong defense and secure the best possible outcome for you. Don’t hesitate—call us now to get started building your case.
Legal Definition of Sex Trafficking in Nevada Under NRS.201.300
Basically, the law says that “sex trafficking” is causing or forcing someone to be a prostitute.
Prostitution refers to the act of engaging in sexual activity of some kind in exchange for money or anything of value.
Under NRS 201.301 a person commits the crime of sex trafficking by either:
- Using threats, force or fraud to induce or compel a person to engage in prostitution or enter a brothel. For example, threatening to harm a person’s family unless the victim agrees; Or,
- Inducing, recruiting or transporting a person while knowing that threats, violence or fraud will be used to cause a person to prostitute or enter a brothel. For example, a driver who drives a person to a known place of prostitution after seeing another threaten them to prostitute.
- Inducing, recruiting or transporting a child under the age of 18 to engage in prostitution or to enter a brothel. A pimp enticing a minor to become one of their prostitutes is an example.
Nevada has different laws that cover children versus adults over the age of 18.
A defendant can be convicted of sex trafficking a minor even if they do not use physical force or threats on the minor child.
Different Forms of Trafficking
There are many different forms of trafficking and laws that pertain to those crimes. For example:
- Human trafficking: transporting a person into Nevada for financial gain or for illegal purposes such as forced labor. For example, bringing someone in the US to work in a factory illegally.
- Sex trafficking for marriage: Taking or detaining a person to Nevada with the intent of them getting married. There is no waiting period to get married in Las Vegas, so this is especially relevant.
- Minor Sex trafficking: Forcing a minor into prostitution or sex acts in any way may be the crime of sex trafficking since the child is a minor. It doesn’t matter whether or not the person used force or not. The simple fact that the victim is a minor is the catalyst for the crime.
Prosecution of Sex Trafficking
Law enforcement agencies have prioritized arresting individuals involved in sex trafficking and providing support to the victims of such crimes.
The police are now able to use wiretaps to gather evidence against sex trafficking suspects.
Unless it’s an emergency where someone’s life is in danger or a minor child might be harmed, the police must get a court order to wiretap a sex trafficking suspect. These wiretaps may be used as evidence to convict a suspect in court.
The District Attorney or the Nevada Attorney General are responsible for prosecuting sex trafficking crimes.
In the Attorney General’s office, they have a special group that has jurisdiction over sex crimes or sex trafficking of minors known as the “Office of Advocate for Missing and Exploited Children.
Experts may testify to the culture of manipulation and psychological control over a victim of sex trafficking.
This includes how the relationship between the suspect and their victims leads ro sex trafficking. Experts may also testify to the normal culture used in prostitution.
Conspiracy to Commit Sex Trafficking
Conspiracy to commit sex trafficking is exactly as it sounds— when two or more people try to carry out a sex trafficking crime. If the actual sex trafficking never took place, then a person can be convicted of the conspiracy charge.
However, if the act of sex trafficking actually occurred then the people involved can be charged with both conspiracy to commit sex trafficking and the actual crime of sex trafficking.
Facilitating Sex Trafficking
A person may be guilty of the crime of facilitation of sex trafficking if they either:
- Facilitates, arranges, provides or pays for the transportation of a person to or within Nevada with the intent of inducing that person to engage in unlawful sexual conduct, prostitution, or if the person is a minor certain acts relating to pornography involving minors.
- Sells travel services that facilitate the travel of another person to Nevada with the knowledge that the person is traveling to Nevada for the purposes of engaging in sexual conduct with the victim of sex trafficking. Soliciting a child who is a victim of sex trafficking or engaging in certain acts relating to pornography involving minors; or
- Travels to or within Nevada by any means with the intent of engaging in sexual conduct with a victim of sex trafficking with the knowledge that the victim has been forced to engage in sexual conduct or prostitution or engaging in certain acts relating to pornography involving minors.
So if you knowingly travel to Nevada or pay for someone to travel to Nevada to engage in sexual conduct with someone you knowingly is being trafficked or you are trafficking that victim you may be guilty of Facilitation of sex trafficking.
Facilitating sex trafficking is a Class B felony punishable by:
- For trafficking an adult over the age of 18: 1 to 6 years in prison
- If the victim is under the age of 8 and a minor: 3 to 10 years in prison.
Federal law prohibits recruiting children under the age of 18 by force, fraud or coercion for the purpose of prostitution.
A suspect of sex trafficking can be prosecuted and convicted in both Nevada and Federal for the same sex trafficking case.
Defenses Against Sex Trafficking
Like all criminal charges, sex trafficking defenses depend on the circumstances of the case.
Sex trafficking cases are usually complex with police investigations that can take years.
The most common defense against sex trafficking are:
- Lack of knowledge: If a person has no knowledge of the sex trafficking or if someone else is trafficking a person
- Illegal search and seizure: Since there are usually lengthy investigations into sex trafficking, the police may have obtained evidence illegally. The court may prevent that evidence in court due to the illegal nature of the way it was obtained, making the case not prosecutable.
It is NOT a defense if the victim consented to the behavior.
Penalties for Sex Trafficking
They say the punishment fits the crime. In the case of sex trafficking, the penalties depend on the age of the victim.
- 18 or older: 3 to 10 years in prison and up to a $10,000 fine
- 16 to 17 years of age: Life in prison with the possibility of parole after 5 years and up to $10,000 in fines
- 14 to 15 years old: Life in prison with a possibility of parole after 10 years and up to $10,00 fines
- 13 years or younger: Life in prison and a possibility of parole after 15 and up to a $20,000
Some additional penalties that convicted sex traffickers could face are:
- A $550,000 fine for using physical force against a child or conspiracy to commit sex trafficking of a minor child
- Restitution to the victim: The court may order the suspect to pay restitution for any cost occurred due to be trafficked, for example, medical or psychological treatment.
- Sex Offender Registration: A person convicted of sex trafficking will have to register as sex offender in Nevada.
- Probation and Suspended Sentence: If you are convicted of trafficking an adult you may be eligible for a suspended sentence or probation. If you are convicted of trafficking a child you will receive no probation.
Charged With a Sex Trafficking Crime?
Being accused of sex trafficking is a very serious crime.
If you have been accused of sex trafficking in Nevada call The Defenders for a case review.
We will guide you through the booking and bail process.
We will negotiate the most favorable outcome for your specific situation.
We have been representing clients in Nevada for many years.
Our lawyers have extensive knowledge when dealing with the Nevada justice system and the local laws.
We are dedicated to providing the best defense available for you and your case. Contact us today for a free consultation and learn more about how we can help.