Prostitution in Nevada: Laws and Penalties

Nevada's restrictions on prostitution activities are broader than many might think. Running afoul of these laws can result in arrest, criminal charges, and jail or prison time. Learn about the limits of legal prostitution in Nevada and the penalties for illegal prostitution activities in the state.

Is Prostitution Legal in Nevada?

While Nevada is the only state where prostitution is legal, the state highly regulates this industry. Prostitution is only legal in licensed establishments when authorized by the county. The state prohibits prostitution in large counties (population over 700,000), which means it's illegal in Las Vegas and Reno. Just 10 counties permit prostitution houses and only around half of these have licensed houses of prostitution.

Persons who are employed by licensed houses of prostitution are considered "sex workers." The state requires testing for infectious diseases before engaging in sex work, in addition to certain weekly and monthly testing requirements. The law also requires sex workers and customers to use prophylactics, such as latex condoms and other barriers, to prevent the transmission of diseases.

(Nev. Rev. Stat. § 244.345 (2024); Nev. Admin. Code §§ 441A.77 to 441A.815 (2024).)

What Prostitution Activities Are Illegal in Nevada?

Nevada makes it illegal to engage in the following prostitution activities:

• working as a prostitute, except in licensed houses of prostitution
• paying for, or soliciting, unlawful prostitution services as a customer
• advancing illegal prostitution, and
• pandering (unlawfully inducing) someone to become or engage in illegal prostitution.

All forms of sex trafficking are also illegal and punished harshly. The state reserves some of its harshest penalties for prostitution and sex trafficking involving child victims.

What Are the Penalties for Illegally Working as a Prostitute in Nevada?

Nevada law defines prostitution as engaging in sexual conduct for money or anything of value. Sexual conduct includes sexual intercourse, oral-genital contact, or any touching of sex organs or other intimate parts of a person to arouse or gratify the sexual desire of either person.

It's a misdemeanor to work as a prostitute, except in a licensed house of prostitution. Only adults can be prosecuted for working as prostitutes. Nevada has safe harbor laws that prohibit prosecuting child prostitutes.

Police officers must provide persons detained, arrested, or cited for prostitution with information on available social services or pre-prosecution diversion programs. If a prosecutor believes the person is a sex trafficking victim, all charges must be dropped.

(Nev. Rev. Stat. §§ 62C.015, 174.032, 201.295 (2024).)

What Are the Penalties for Customers of Illegal Prostitution Services in Nevada?

Customers who solicit or pay for illegal prostitution services can face misdemeanor or felony charges.

Misdemeanors and Gross Misdemeanors: Soliciting Adult Prostitutes

A customer who engages or seeks out the services of an adult prostitute (except in licensed establishments) commits a misdemeanor for a first offense. For a conviction, the customer faces up to six months in jail and a minimum $400 fine.

Repeat offenses by customers carry gross misdemeanor penalties, punishable by a maximum 364-day jail sentence and a $2,000 fine. Minimum fines of $800 apply to a second offense and $1,300 for third and subsequent offenses.

A judge may suspend criminal proceedings and permit a customer to participate in treatment. If the defendant successfully completes the program, the judge discharges the person and dismisses the charges. Discharge and dismissal is a one-time chance to avoid a conviction.

Felony Penalties: Soliciting Child Prostitutes

A customer who solicits a child (younger than 18) for prostitution can face felony charges.

A first offense carries category D felony penalties of one to four years of prison time and up to $5,000 in fines. The punishment for a second conviction increases to a category C felony, punishable by one to five years of prison time and a $10,000 fine.

Third and subsequent convictions are category B felonies. A defendant will face one to six years in prison and up to $15,000 in fines. For these offenders, a judge cannot grant probation or suspend the sentence.

(Nev. Rev. Stat. § 201.354 (2024).)

What Are the Penalties for Illegally Advancing Prostitution in Nevada?

It's a crime to illegally run a prostitution business in Nevada, including owning, leasing, operating, or managing a business or property knowing illegal prostitution is being conducted there. This crime is a category C felony, punishable by up to five years in prison and fines. However, harsher penalties can apply if the person is engaging in or facilitating sex trafficking (see below).

(Nev. Rev. Stat. § 201.395 (2024).)

What Are the Penalties for Pandering and Sex Trafficking in Nevada?

Pandering and sex trafficking crimes are serious felonies in Nevada.

Pandering Crimes

A person engages in "pandering" by inducing or persuading (without threats or violence) an adult to unlawfully become a prostitute or engage in prostitution. This crime involves recruiting illegal sex work and is a category C felony.

Sex Trafficking Crimes

If the person recruits a child to engage in prostitution or uses force, violence, intimidation, or coercion to recruit an adult or child into prostitution, the crime is sex trafficking.

Sex trafficking adults. Sex trafficking of an adult is a category B felony with a minimum sentence of three years in prison and a maximum of 10 years.

Child sex trafficking. The penalty increases to a category A felony for sex trafficking of a child. This crime carries a mandatory life sentence. Mistake of age is not a defense.

Facilitating sex trafficking. A defendant who facilitates sex trafficking by arranging, providing, or paying for travel arrangements can face category B felony charges.

(Nev. Rev. Stat. §§ 201.300, 201.301 (2024).)

Additional Penalties for Advancing Prostitution, Pandering, and Sex Trafficking in Nevada

Nevada's penalties for advancing prostitution, pandering, and sex trafficking don't stop with the above penalties. A conviction for any of these crimes may result in:

• additional fines of up to $500,000
• civil penalties
• forfeiture of vehicles, property, and money, and
• sex offender registration requirements.

It's also a crime to unlawfully advertise prostitution services.

(Nev. Rev. Stat. §§ 179D.441, 201.351, 201.352, 201.430, 201.440 (2024).)

Talk to a Lawyer

If you face criminal charges for illegal prostitution activities in Nevada, speak with a local criminal defense attorney. A lawyer can help you understand what's at stake, prepare a defense, and protect your rights.