Nevada prostitution laws allow prostitution in some circumstances. However, the rules are strict. Even though prostitution is legal in some circumstances in Nevada, there are many controls and restrictions in place. If you don’t follow the rules, you might find yourself facing charges of prostitution in Nevada. The Las Vegas attorneys at Adam S. Kutner & Associates explain Nevada law 201.354 – engaging in prostitution.

Nevada Revised Statute 201.354 / NRS 201.354

Nevada Revised Statute 201.354 [1] prohibits engaging in prostitution in the State of Nevada except under certain circumstances. Nevada law 201.354 says that it’s unlawful to engage in prostitution or solicitation except in a licensed house of prostitution. A violation of Nevada’s prostitution law is a misdemeanor punishable by up to six months in jail for a first offense. There are increased penalties for repeat offenders.

Prostitution in Nevada

What Is the Definition of Prostitution in Nevada? (Nevada Revised Statutes 201.295)

The definition of prostitution in Nevada is engaging in sexual conduct for a fee. Nevada Revised Statutes 201.295 [2] is the law that states the definition of prostitution. Both the person who seeks to pay for sexual conduct and the person who wants to get paid can be guilty of prostitution under Nevada law 201.295.

Are Escorts Legal in Las Vegas?

Escorts are legal in Las Vegas. However, an escort can’t offer sex or engage in sexual acts. An escort may only accompany a person or otherwise spend time with them. Sexual conduct can’t be a part of the agreement or ever lawfully occur between an escort and a patron. Escorts in Las Vegas must be licensed and have an official work card.

Does Nevada Have Legal Prostitution?

Yes, Nevada has legal prostitution. However, it’s much more restricted than people expect. Nevada has legal prostitution only in a few counties that have relatively small populations. Prostitution is not legal in Las Vegas or Reno. Prostitution is legal in Nevada only in counties with less than 700,000 residents. In addition to county size requirements, there are restrictions on the solicitation of workers.

Is Prostitution Legal in Nevada?

Yes, prostitution is legal in Nevada. However, it’s not legal in Las Vegas or Reno. Prostitution is legal in Nevada only in counties with a population of less than 700,000. Even in counties that meet the size requirements, local governments may choose to ban prostitution. In all locations where prostitution is legal in Nevada, there are strict laws that prohibit the solicitation of workers and laws that require health testing for workers.

What Is the Penalty for Prostitution in Las Vegas?

The penalty for prostitution [3] in Las Vegas is up to six months in jail and a fine of up to $1,000. For a second offense or an offense involving a minor, the penalties for prostitution in Las Vegas may be more significant. All parties who participate in prostitution, whether they solicit or engage in it, can face up to six months in jail as a penalty for prostitution in Las Vegas.

What Are the Penalties for Prostitution in Nevada?

The penalties for prostitution in Nevada are:

  • First offense – A misdemeanor, up to six months in jail, a fine of at least $400
  • Second offense – Gross misdemeanor, up to one year in jail, a fine of at least $800
  • Third offense – Gross misdemeanor, up to one year in jail, a fine of at least $1,300
  • If the customer solicits a minor, a first offense is a class E felony

Defenses for Prostitution Charges in Nevada

A person who faces prostitution charges in Nevada might defend the case using any of the following arguments:

  • Prostitution is legal in the location where the prostitution occurred
  • There was no sexual conduct
  • There was no intent to solicit sexual conduct
  • The defendant made a mistake; the police misinterpreted innocent conduct
  • Police entrapment

Prostitution Diversion Programs in Nevada

One possible avenue for a person charged with prostitution in Nevada is to engage in a diversion program. Nevada law allows first-time offenders to participate in a treatment program. Upon completion of the program, the charges are dismissed and become a non-public record.

The record is only kept to reference if the person has another offense, and the government needs to know whether they’re eligible for participation in the diversion program. A person who faces prostitution charges may receive only one deferral in their lifetime.

Nevada Revised Statutes 201.358 (NRS 201.358)

Nevada Revised Statutes 201.358 [4] prohibits engaging in prostitution after testing positive for HIV. A violation of NRS 201.358 is a category B felony. Penalties include 2-10 years in prison and a fine of $10,000.

Restrictions on Lawful Prostitution Houses in Nevada

There are several restrictions on the operation of lawful prostitution houses in Nevada:

  • Nevada Revised Statutes 201.360 [5] – It is illegal to compel a person to engage in prostitution. A violation is a category C felony.
  • Nevada Revised Statutes 201.380 [6] – No person can lawfully operate a house of prostitution within 400 yards of a school or church
  • Nevada Revised Statutes 201.390 [7] – It’s illegal to operate a house of prostitution on a main thoroughfare of any city or town; no property owner may lease a property on a main thoroughfare for the purposes of operating a house of prostitution
  • Condoms must be worn during all sexual acts in lawful prostitution houses in the State of Nevada
  • Workers must receive periodic testing for sexually transmitted infections
  • Nevada Revised Statutes 201.420 [8] – It is illegal to maintain a house that’s a disturbance to any neighborhood or family
  • Nevada Revised Statutes 201.430 [9] – No house of prostitution may advertise on a public street or in a county, city, or town where prostitution activity is illegal. A violation of advertising restrictions is a misdemeanor

Enforcement of Prostitution Laws in Nevada

Nevada prostitution laws require each sheriff in office to enforce prostitution laws. Nevada law says that a sheriff who doesn’t enforce prostitution prohibitions and restrictions may face a misdemeanor in office charge. The law that compels a sheriff to enforce prostitution laws is Nevada Revised Statutes 201.410 [10].

Sources

[1] NRS 201.354
[2] NRS 201.295
[3] NRS 201.354
[4] NRS 201.358
[5] NRS 201.360
[6] NRS 201.380
[7] NRS 201.390
[8] NRS 201.420
[9] NRS 201.430
[10] NRS 201.410

Adam S. Kutner

Adam S. Kutner Personal Injury Lawyer

With more than 28 years of experience fighting for victims of personal injury in the Las Vegas valley, Attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.