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Summary
Prostitution is legal in Nevada, but only in counties with populations under 700,000 and in licensed brothels.
Table of Contents
Is Prostitution Legal in Nevada?
Nevada is the only state in the U.S. in which prostitution is legal; however, it's only legal in licensed brothels and Nevada counties with a population of under 700,000.
While Nevada is the only state that legalized prostitution under NRS 244.345, any soliciting on public streets anywhere in Nevada or unlicensed brothels are still illegal and could result in severe legal penalties.
Nevada Counties Where Prostitution Is Legal
Counties in Nevada that legally permit prostitution and allow licensed brothels must have a population under 700,000, which includes:
- Elko County
- Lander County
- Lyon County
- Mineral County
- Nye County
- Storey County
- White Pine County
- Humbolt County
- Churchill County
- Esmeralda County
It's important to understand that only licensed brothel prostitution is allowed in these counties, as stated in NRS 201.354, and any prostitution on a public street is still highly illegal.
Nevada Counties Where Prostitution Is Illegal
Nevada counties in which you cannot engage or commit prostitution, even in legal brothels, include:
- Clark County (Includes Las Vegas)
- Washoe County (Includes Reno)
- Douglas County
- Carson City
- Eureka County
- Pershing County
- Lincoln County
What Is Considered Prostitution in Nevada?
Nevada law defines prostitution as any act in which a person engages in sexual conduct with another person in exchange for a fee.
The complete legal definition for prostitution is outlined in NRS 201.295 and states:
“Prostitution” means engaging in sexual conduct with another person in return for a fee, monetary consideration or other thing of value.
Any act that may be considered sexual conduct includes sexual intercourse, fellatio (oral sex), cunnilingus, masturbation, anal sex, or groping or touching of intimate parts.
In summary, any sexual acts in exchange for value are considered prostitution.
What Are the Requirements for a Brothel to Be Legal in Nevada
Legal brothels are held under strict requirements in Nevada and must obey both county ordinances and state laws outlined in the Nevada Revised Statutes.
Location Requirements
Nevada brothels can only operate in counties with a population less than 700,000.
This requirement bans brothels from running in large Nevada counties such as Clark County.
Also, generally, in counties where brothels are legal, they must be located:
- Away from residential areas
- Not near churches or schools
Licensing Requirements
Legal brothels must apply and obtain a special operating license from the county commission.
The process of obtaining such a license typically includes:
- Background checks on the owners and managers
- Official inspection of the facility
- Approval from local law enforcement and health authorities
Once a borthel completes the licensing process, they will officially be a licensed house and can operate legally.
However, counties have the right to limit the number of brothel licenses given in their county.
Worker Registration and Testing
Nevada law requires that sex workers in legal brothels must:
- Be at least 21 years or older
- Register with the county's sheriff office
- Regularly undergo testing for sexually transmitted diseases
- Have valid work cards given by the county
In some Nevada counties, sex workers may be subjected to a background check.
Why Is Prostitution Legal in Nevada but Not in Las Vegas?
Prostitution is legal in Nevada but not in Las Vegas because the county in which Las Vegas is located, Clark County, exceeds the 700,000 population limit in which legal brothels are allowed to operate.
In addition, while not legal factors, Las Vegas's high tourism and existing entertainment industry add to the reasons why brothels and sex workers are not allowed.
What Are the Penalties for Illegal Prostitution in Nevada
While some Nevada counties allow prostitution, others don't make prostitution a strictly illegal act.
Those caught partaking or organizing prostitution in Nevada counties, where it's illegal, can face criminal and civil penalties.
Penalties for Soliciting a Prostitute in Nevada
Soliciting prostitution is the act of offering or agreeing to pay for sexual favors and can result in the following penalties under NRS 201.354:
- First Offense: Misdemeanor charge with possibility of 6 months in jail and/or a $1,000 fine.
- Second Offense: Misdemeanor offense with the possibility of 6 months in jail and/or a $1,000 fine and community service or mandatory classes.
- Third and Subsequent Offense: Gross misdemeanor, punishable by a maximum jail sentence of 364 days and/or a $2,000 fine.
Penalties for Pandering in Nevada
Pandering is the act of encouraging or forcing someone to engage in prostitution and is legal across the entire state of Nevada.
Penalties for pandering in Nevada include:
- Pandering an Adult (Without Force): Category D felony charge with 1 to 4 years in Nevada state prison with a fine up to $5,000.
- Pandering an Adult (With Force, Threats, or Intimidation): Category C felony with 1 to 5 years in prison and up to $10,000 fine.
- Pnadering a Minor: Category B felony with 3 to 20 years in prison and fine up to $20,000.
Additional Penalties
Along with criminal charges, those charged and convicted of illegal prostitution or pandering could also face additional non-criminal charges such as:
- Civil penalty
- Madatory aids awareness class or mental health resources
- Revoke visa (Applies to non-U.S. citizens)
Prostitution vs. Solicitation
In Nevada, prostitution and solicitation have closely related meanings and offenses but differ in key aspects.
Understanding the difference is crucial, especially if you have been charged with either one.
What Is Prostitution?
Under NRS 201.295, prostitution is the act of engaging in sexual behavior with another person in exchange for a fee or something of value.
Key factors of prostitution are:
- Involves a sex act being performed
- Money or an item of value is exchanged
It's illegal to advertise prostitution, and it's only legal in certain Nevada counties with populations under 700,000.
What Is Solicitation?
Solicitation refers to the act of offering, requesting, or agreeing to engage in sexual acts for money.
The key differences of solicitation are:
- No sex acts have to be performed to be charged with solicitation
- Agreeing to engage in sexual acts for a fee is enough for a potential charge
- Both ends of the agreement, offering and accepting, can be charged with solictation
Are Escorts Legal in Las Vegas
Escort services are legal in Las Vegas, but there is one crucial rule: Escorting must not involve offering a sexual favor in exchange for money or an item of value.
In Las Vegas, for escorts to legally operate, they must:
- Only provide social companionship for a fee
- Be licensed through the state
- Be vetted by the state
In summary, escorts can only accept money in exchange for social companionship, not sexual acts; however, in many cases, escort businesses are just fronts for prostitution rings, making them a prime target of a sting operation.
How Can You Defend Prostitution Charges
When charged with prostitution or solicitation, you have legal defenses to fight the prostitution case being brought against you.
Common defenses to prostitution or solicitation charges are:
- Lack of Intent: The prosecutor must prove that you have intent to exchange money for sex services, so you could state that you had no intent or no agreement was made and your words or actions were misinterpreted.
- No Act of Sexual Conduct: If you didn't commit a sexual act, you may have been charged with prostitution based on suspicion and could get the charges dropped. However, if you agreed to exchange money for a sexual act, you could still be charged with solicitation.
- Entrapment: If you believe that the police entraped you by inducing you to partake in prostitution or solicitation, you could argue that you were tricked or coerced into breaking the law.
- Violation of Rights: If you weren't read your Miranda rights or the police performed an unlawful search or seizure, you could argue that your rights were violated and have evidence or the charges thrown out.
While you can attempt to fight prostitution charges on your own, it's highly recommended to enlist the help of experienced attorneys.
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