Many visitors to Las Vegas believe that a Las Vegas prostitution law makes it legal in the city. However, prostitution is not legal in Las Vegas. Prostitution is indeed legal elsewhere in Nevada, but that is not the case in Clark County or Washoe County, which are home to two of Nevada’s largest cities, Las Vegas and Reno.
It’s important to know what constitutes prostitution and solicitation, what the penalties are, and what you can do if you have been charged with prostitution or solicitation in Las Vegas.
If you have been charged with the crime of prostitution or solicitation of a sex worker in Las Vegas, the prostitution lawyers at Adras & Altig can help. We truly care about our clients and will work tirelessly to defend you in court. Our team has the knowledge and resources to confidently defend these charges against you. Contact us right away for a free case evaluation.
Is Prostitution Legal in Las Vegas?
Prostitution is the crime of engaging in sexual acts for money, while solicitation involves offering to pay money in exchange for sex. Both are criminalized in the Las Vegas area.
Prostitution is not legal in the city of Las Vegas, even though it is legal under certain very specific circumstances across the state of Nevada. Nevada state law dictates in NRS 201.354 that legal prostitution may only occur in designated houses of prostitution.
However, most brothels in Nevada operate away from major urban centers like Las Vegas and are only legal in certain counties. Clark County (where Las Vegas is located) is not one of them.
Nevada Laws Regarding Solicitation of a Prostitute
Per NRS 201.354, it is illegal for any person to engage in the act of prostitution or solicitation for prostitution in the state of Nevada unless it takes place in a licensed house of prostitution, or a brothel. Nevada law states that any individual who is found to be engaging in prostitution or solicitation of prostitution is guilty of a misdemeanor.
If a person violates Nevada law by soliciting a child for prostitution, the offense is a felony, and the penalties are far steeper, increasing every time an offense occurs.
What Are the Penalties for Prostitution Offenses in Nevada?
Prostitution is generally considered a misdemeanor under Nevada state law, statute NRS 201.354. If convicted, a sex worker may be punished by up to six months in jail and incur a minimum $400 fine. Solicitation of a minor (someone under 18 years of age) for prostitution is a felony. This offense carries much harsher punishments, as follows:
- First offense – A first offense is a Category D felony punishable by a fine of up to $5,000 and a prison term of 1-4 years.
- Second offense – A second offense is considered a Category C felony and is punishable by 1-5 years in prison and a fine of up to $10,000.
- Third offense – A third offense is considered a Category B felony and is punishable by a prison term of 1-6 years and a fine up to $15,000. Third-time offenders are not eligible for probation or a sentence suspension.
What Happens After Repeated Offenses?
Repeat offenses for prostitution can lead to harsher penalties, but unlike some crimes, prostitution does not turn into a felony charge with repeat offenses. Repeat offenses of prostitution or solicitation are considered misdemeanors under Nevada law, unless the crime involves a child.
Prostitution is a misdemeanor, but repeat offenses are classified as “gross misdemeanors.”
The more times a sex worker is found to violate Nevada state law, the steeper the penalties get. Per NRS 201.354, the penalties for repeat offenses are:
- First offense – First offenses are classified as misdemeanors. They are punishable by up to six months in jail and a minimum fine of $400.
- Second offense – Second offenses are categorized as gross misdemeanors and carry a possible punishment of up to one year in jail and a fine of at least $800.
- Third offense – Third offenses are also gross misdemeanors and carry the possibility of spending up to one year in jail, along with a minimum fine of $1,300.
How a Las Vegas, NV Sex Crimes Defense Lawyer Can Help
If you have been arrested for prostitution in Las Vegas, then it is crucial that you consult a seasoned sex crimes defense attorney to represent you in court. In some cases, certain defenses could potentially be used to reduce your sentence or even have your case dismissed. These defenses include:
- Mistake – One defense may be that you did not realize you were going to have to pay for sex. If you didn’t believe that you agreed to have sex with a sex worker, then that likely would not qualify as soliciting for prostitution.
- Entrapment – If you are a sex worker who an undercover police officer arrested, you may have been coerced into saying or offering something by the undercover officer because they wanted to make an arrest.
- Overtness – If the two parties never explicitly discussed the trading of money for sex, then prostitution has not occurred. This can introduce some ambiguity into the equation that could work in your favor.
A good prostitution or solicitation lawyer will also know how to negotiate your sentence down to minimize the consequences of a criminal conviction. For instance, community service can sometimes be agreed to as an alternative penalty for a prostitution or solicitation charge. If you are not a Las Vegas local, a sex crimes defense attorney could handle your case on your behalf so that you don’t have to appear in Las Vegas court yourself.
Our dedicated criminal defense attorneys at Adras & Altig will launch a full investigation into the charge, work tirelessly to defend you, and exhaust all viable avenues of defense in an effort to resolve your case in your favor.
If you have been charged with the crime of prostitution or solicitation of a prostitute, know that you have the right to hire a knowledgeable criminal defense attorney to represent you. The Las Vegas criminal defense attorneys at Adras & Altig fight for those who’ve been accused of prostitution in Nevada, and we’ll be ready to stand up for you. We care deeply for our clients and will use every legal tool available to defend them in court. Contact us today for a confidential consultation.