Las Vegas "Strip Club Arrests"
Explained by Nevada Criminal Defense Attorneys

Las Vegas is known for the Strip as well as its many strip clubs. But while exotic dancing may be legal in Nevada, it is highly regulated with regard to the type of nudity and touching permitted. Furthermore, gentlemen's clubs are frequently the site of arrests stemming from drugs, fighting, and prostitution.

On this page our Las Vegas criminal defense attorneys explain the definition, defenses, and penalties for the following Nevada strip club offenses:

  1. Nevada offense of Indecent Exposure
  2. Nevada offense of Open or Gross Lewdness
  3. Nevada offense of Solicitation of Prostitution
  4. Nevada Drug offenses
  5. Nevada offense of Battery
  6. Nevada offense of Breaching the Peace

Depending on the case, these crimes may carry fines and time in Nevada State Prison. Continue reading to learn more.

Strip Club Arrests in Las Vegas

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Strip club activities may lead to drug and lewdness arrests in Nevada.

It is impossible to cruise the Las Vegas Strip without seeing flyers and bus banners advertising nudie bars. There are two types of strip clubs in Clark County:

  1. Topless ("erotic dance establishments"), and
  2. Fully nude ("adult nightclubs")

Topless strip clubs...legally called "erotic dance establishments"...presents dancers who can bear their breasts but must keep their genitalia covered. Fully nude strip clubs...legally called "adult nightclubs"...can have dancers who are totally naked.1

The other difference between the two types of Las Vegas strip clubs is that topless clubs may have licenses to serve alcohol while totally nude clubs can not serve alcohol. The only exception is the fully nude strip club Palomino, which legally has a bar because it is an older institution that was "grandfathered" into a loophole in the law.

Some of the more popular Las Vegas strip clubs are the following (they feature female dancers unless otherwise specified):

Sometimes police go undercover into Las Vegas strip clubs in an effort to catch dancers, patrons, or proprietors breaking the law. Bearing too much skin, fondling, soliciting sex, using or selling drugs, fist-fighting, or otherwise causing a disturbance are grounds for criminal prosecution in Nevada:

1) Indecent Exposure arrests at Las Vegas strip clubs

Nevada outlaws people from making "any open and indecent or obscene exposure of his/her person, or of another person."2 While it seems counter-intuitive that arrests for "indecent exposure" can occur in strip clubs, it is possible. The following are five common strip club behaviors that invite criminal prosecution for "indecent exposure":

  1. A dancer at a topless-only club flashing her genitalia
  2. A dancer stripping near the club's windows or doors through which the general public can see
  3. A dancer stripping in an area of the club not visible from the main entrance or security station; stripping in totally private rooms is prohibited.
  4. A dancer without a valid stripper work permit exposing her breasts or genitalia
  5. A patron exposing his/her rear end or genitalia
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Dancers at topless clubs face "indecent exposure" charges in Nevada for exposing their genitalia.

Note that dancers at topless-only clubs must keep their genitalia covered with an "opaque covering" such as a thong that is not see-through. Covering genitalia with only pasties, latex pain, or hair pieces is insufficient and can subject the dancers to prosecution.3

The best way to defend against "indecent exposure" charges stemming from strip club arrests varies case-by-case. Often there are no photographs or video of the alleged nudity, so the D.A. may have insufficient evidence to sustain a guilty verdict.

The criminal sentence for an indecent exposure conviction turns on whether the defendant has previous convictions.4 A first-time charge of indecent exposure is prosecuted as a gross misdemeanor in Nevada. The penalty is:

  • up to 364 days in jail and/or
  • up to $2,000 in fines

A subsequent offense of indecent exposure is prosecuted as a category D felony in Nevada. The penalty is:

  • 1 to 4 years in prison, and
  • possibly up to $5,000 in fines

Additionally, defendants may have to register as sex offenders in Nevada.

2) Open or Gross Lewdness arrests at Las Vegas strip clubs

There are two types of behaviors that qualify as the Nevada crime of "open or gross lewdness." These include:

  1. Having sexual relations short of vaginal, anal, or oral penetration without the other person's consent; or
  2. having sexual relations with someone where someone else can see

North Las Vegas criminal defense attorney Michael Becker gives an example of how "open or gross lewdness" may occur at a strip club:

Example: John is part of a bachelor party celebrating at the Diamond Cabaret. John is getting a lap dance from Cyndi. At one point he moves forward and licks her breasts, causing Cyndi to scream for security. John is then booked at the Las Vegas City Jail for licking Cyndi's breasts. Since there was no penetration, he will probably be charged with open or gross lewdness rather than rape.

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It is "open or gross lewdness" in Nevada for a strip club patron and dancer to have sexual relations in view of others.

As with indecent exposure charges, open or gross lewdness cases often water down to "he said/she said" scenarios. If the D.A. cannot produce credible evidence that the defendant had non-consensual sexual contact or had sexual relations where others could see, then criminal charges should not stand.

The punishment for open or gross lewdness grows harsher with each successive conviction. A first-time offense is a gross misdemeanor in Nevada. The penalty is:

  • up to 364 days in jail, and/or
  • up to $2,000 in fines

A subsequent offense of open or gross lewdness is a category D felony. The penalty is:

  • 1 to 4 years in prison, and
  • maybe $5,000 in fines

In addition, the court may order the defendant to register as a sex offender.5

Fondling or touching crimes in Las Vegas strip clubs

Local Clark County law limits how dancers and patrons can touch each other. Specifically, the ordinance states, "No dancer shall fondle or caress any patron, and no patron shall fondle or caress any dancer." Therefore, patrons and dancers may briefly touch each other to give and receive tip money, including slipping dollar bills into G-strings. But any other touching could arguably qualify as illegal fondling or caressing.6

With regard to lap dances, rules depend on where the strip club is located:

  • Within Las Vegas city limits (including Downtown but excluding much of the Strip): Although the law is vague, it is generally accepted that the common "bumping and grinding" physical contact that occurs between dancers and patrons during lap dances is permitted as long as there is no sex, fondling, or caressing. And it is generally accepted that dancers may sit on the customer's groin region during lap dances.
  • The rest of Clark County (including much of the Strip): Rules are much stricter than in Las Vegas proper. Dancers may not sit on the customer's groin or pelvic region. Lap dancers may touch their clothed pubic or anal area to a patron's leg but to nowhere else on his/her body...even the patron's feet are explicitly off limits. To play it safe, dancers may instead "air dance" where they simulate the typical lap dance movements but with no physical touching.7

Violating Clark County's strip club rules is a misdemeanor.8 The penalty depends on the defendant's history of strip club offenses:

  • A first offense carries a fine of up to $250.
  • A second offense carries a fine of up to $500.
  • A third offense carries a fine of up to $950.
  • A fourth or successive offense carries a fine of up to $1,000 and at least one week to 6 months in jail.

3) Prostitution arrests at Las Vegas strip clubs

Some strip club patrons see strippers as potential hookers. Meanwhile some strippers looking to make extra money see patrons as potential "johns." Either way, prostitution is illegal throughout all of Clark and Washoe counties. Even soliciting prostitution...which is merely the offer to trade sexual favors for money...is also illegal.

Las Vegas police routinely go undercover into strip joints in an effort to catch acts of solicitation. Sometimes they make a fake offer of prostitution to a stripper, and the police are often bugged. If the stripper accepts the solicitation of prostitution, the undercover officer will then arrest the stripper. Then if the case goes to trial, the D.A. may try to introduce the recording as evidence against the stripper.

There are three main defenses that may prove effective in fighting Nevada solicitation charges. These include:

  1. Misunderstanding: One or both parties to the solicitation honestly believed the sexual encounter would not involve money.
  2. Ambiguity: Perhaps the police misconstrued the defendant's words or actions, and in reality what the defendant said or did was not overt enough to qualify as solicitation.
  3. Entrapment: If the defendant was not predisposed to solicit prostitution and the undercover cop unduly pressured the defendant into it, the charge should be dropped. (Go to our information page on Nevada entrapment laws for more.)

Solicitation of prostitution is a misdemeanor in Nevada whether or not any sex takes place or money exchanges hands.9 The penalty is:

  • up to 6 months in jail, and/or
  • up to $1,000 in fines

For many first-time solicitation offenses in Nevada, the D.A. will dismiss the charge in exchange for the defendant paying a fine and attending an AIDS education course.

4) Drug arrests at Las Vegas strip clubs

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Drug possession is a commonly occurring crime in Las Vegas strip clubs.

As with nightclubs, strip clubs are hot beds for using or selling controlled substances like methamphetamine, pot, ecstasy, heroin, and cocaine.10 The usual defenses to Nevada drug charges are:

  1. The defendant was genuinely ignorant as to the drugs' whereabouts. If the drugs belonged to another strip club patron, or if someone else planted the drugs in the defendant's pocket, the defendant should not be criminally liable.
  2. The cops "entrapped" the defendant into buying drugs when the defendant had no predisposition to violate the law in the first place.
  3. Law enforcement carried out an illegal search in Nevada to find the drugs. As a result, the judge may be willing to disregard the drugs as evidence.

The sentence for violating Nevada drug laws hinges on whether the case was for possession for personal use, possession with intent to sell the drugs, or selling:

Penalties are different if the drugs involved are marijuana. For more go to our articles on Nevada marijuana laws.

5) Battery arrests at Las Vegas strip clubs

In the alcohol and adrenalin-fueled atmosphere of Las Vegas strip clubs, it is not unusual for physical altercations to occur. People who resort to fighting may be arrested for battery, which is defined as any illegal or otherwise unwanted touching.11 North Las Vegas criminal defense attorney Neil Shouse shares an example.

Example: George is getting a lap dance from Tiffany at Treasures. Tiffany finishes the lap dance sooner than George wanted, and he slaps her because he feels short-changed. Security calls the cops, who book George at the Clark County Detention Center. There are several witnesses who saw the incident, so odds are the D.A. will press charges for battery for touching Tiffany in an unlawful manner.

There are several possible defenses to Nevada battery charges. The four most common include:

  1. The defendant acted in lawful self-defense in Nevada.
  2. The incident was an honest accident.
  3. Any touching was consensual.
  4. The defendant is a victim of false accusations.
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First-fights ("battery") sometimes break out at Las Vegas strip clubs.

The criminal sentence for battery is harsher if it involved a deadly weapon or resulted in major injuries. An unlawful touching that does not involve a deadly weapon or substantial bodily harm is a misdemeanor in Nevada, which carries:

  • a maximum of 6 months in jail, and/or
  • a maximum of $1,000 in fines.

An unlawful touching that does not involve a deadly weapon but does cause substantial bodily harm in Nevada is a category C felony, which carries:

  • 1 to 5 years in prison, and
  • maybe $10,000 in fines

An unlawful touching that involves a deadly weapon but does not result in serious injuries is a category B felony in Nevada, which carries:

  • 2 to 10 years in prison, and
  • maybe $10,000 in fines

An unlawful touching that involves both a deadly weapon as well as substantial bodily harm in Nevada is a category B felony, which carries:

  • 2 to 15 years in prison, and
  • maybe $10,000 in fines

For more go to our informational article on Nevada penalties for battery. Some first-time battery charges can be reduced to disorderly conduct or thrown out altogether as part of a plea deal.

6) Breach of Peace arrests at Las Vegas strip clubs

Breaching the peace (a.k.a. "disorderly conduct") is a broad offense that includes any raucous or disruptive actions.12 Three illustrations of disorderly at a Las Vegas strip club are:

  1. Challenging a patron to a fight for monopolizing a stripper.
  2. Yelling at a stripper for ignoring him/her.
  3. Lying dead drunk in front of the bathroom, blocking other patrons from easily entering or exiting.

An effective defense to Nevada disorderly conduct charges is that the defendant did not intentionally cause a disruption. Honest mishaps that are not the defendant's fault are usually not criminal in nature.

Breaching the peace is a misdemeanor in Nevada. The penalty includes a maximum of:

  • 6 months in jail, and/or
  • $1,000 in fines

It is rare for courts to impose jail for first-time disorderly conduct convictions in Nevada. Typically defendants face only fines, and some prosecutors are willing to dismiss the charges completely.

Arrested? Call an attorney...

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Call us at 702-DEFENSE (702-333-3673).

If you were arrested in a "strip club" in Nevada, call our Las Vegas criminal defense attorneys at 702-DEFENSE (702-333-3673) for a free consultation. We may be able to get the charges thrown out or reduced without a trial.

Legal References:

1Las Vegas Municipal Code 6.35.030 Definitions.

In this Chapter the following definitions and those in Title 6 shall apply unless the context clearly requires otherwise:

"Dancer" means a person who dances, models, personally solicits drinks or otherwise performs for an erotic dance establishment and who seeks to arouse or excite the patrons' sexual desires.

"Erotic dance establishment" means a fixed place of business which emphasizes and seeks, through one or more dancers entertainers, to arouse or excite the patrons' sexual desires. Erotic dance establishments are deemed to be places of public accommodation.

"Security guard" means a person who acts as a doorman or bouncer or who performs a function described in NRS 648.016.

(Ord. No. 6263, § 1, 8-21-13; Ord. 3916 § 2 (part), 1995)

Las Vegas Municipal Code 6.06B.030 Definitions.

In this Chapter the following definitions and those in Title 6 shall apply unless the context clearly requires otherwise.

(A) "Adult nightclub" means a fixed place of business which may charge admission for entrance, which advertises, or holds out to the public that adult entertainment is provided, or advertises or implies that sensual or sexual entertainment is provided, and is not licensed to sell alcoholic beverages.

(B) "Attendant" means a natural person, who is employed by or who receives any monetary consideration from an adult nightclub for soliciting the sale or purchase of any product or service, including but not limited to beverages, and/or who collects entry fee, admission or cover charge.

(C) "Department" means the Department of Finance and Business Services.

(D) "Director" means the Director of the Department of Finance and Business Services.

(E) "Fondle or caress" means the conduct or affectionate touching that is intended to sexually arouse (may include "sexual conduct").

(F) An "offer to provide acts of sexual conduct" means to offer, propose or to solicit to provide sexual conduct to a patron. Such definition includes all conversations, publications, advertisements, handbills and acts which would lead a reasonable prudent person to conclude that such acts were to be provided even if such acts are illegal or are purported to be illegal or unlawful.

(G) "Security guard" means a natural person who acts as a doorman, bouncer, or who performs a function described in NRS 648.016.

(H) "Server" means a natural person who is employed by or who receives any monetary consideration from an adult nightclub for soliciting the sale or purchase of any product or service, including but not limited to beverages.

(I) "Sexual conduct" means the engaging in or the commission of an act of sexual intercourse, oral-genital contact, or the touching of the sexual organ, pubic region, buttock or female breast of a person for the purpose of arousing or gratifying the sexual desire of another person.

(J) "Sexual stimulation" means to excite or arouse the prurient interest or to offer or solicit acts of sexual conduct as defined under "offer to provide acts of sexual conduct" as defined in this Section.

(Ord. 3917 § 2 (part), 1995)

Clark County Ordinance 6.160.030 Definitions.

In this chapter the following definitions and those in Sections 6.04.005, 6.170.030, 8.04.010 and 8.20.020 shall apply unless the context clearly requires otherwise:

(a) "Board" means the Clark County board of county commissioners.

(b) "Dancer" means a person who dances, models, personally solicits drinks or otherwise performs for an erotic dance establishment and who seeks to arouse or excite the patrons' sexual desires.This definition includes persons who receive any monetary consideration from an erotic dance establishment for soliciting the sale or purchase of any product by arousing, exciting or appealing to a patron's sexual desires or implying sexual gratification as defined in Chapter 8.32.

(c) "Department" means the licensing department of Clark County.

(d) "Erotic dance establishment" means a fixed place of business which emphasizes and seeks, through one or more dancers, to arouse or excite the patrons' sexual desires. Erotic dance establishments are deemed to be places of public accommodation.

(e) "LVMPD" means the Las Vegas metropolitan police department.

(f) "Security guard" means a person who acts as a doorman or bouncer or who performs a function described in Section 6.50.060

(Ord. 1483 § 1, 1993: Ord. 1140 § 1 (part), 1989)

2NRS 201.220 Indecent or obscene exposure; penalty.

1. A person who makes any open and indecent or obscene exposure of his or her person, or of the person of another, is guilty:

(a) For the first offense, of a gross misdemeanor.

(b) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.

2. For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open and indecent or obscene exposure of her body.

3Clark County Ordinance 6.160.110 Erotic dance establishment regulations.

"Nude" means the showing of the human male or female genitals, pubic area, or anus with less than a fully opaque covering, or the showing of the male genitals in a discernibly turgid state, whether covered or not. For the purposes of this definition, "fully opaque covering" does not include pasties, latex paint, or hair pieces.

(Ord. 2828 § 1, 2002; Ord. 2781 § 2, 2002: Ord. 1642 § 8, 1994: Ord. 1570 § 4, 1994: Ord. 1483 § 6, 1993: Ord. 1336 § 3, 1991: Ord. 1140 § 1 (part), 1989)

4See 2nd footnote.

5NRS 201.210 Open or gross lewdness; penalty.

1. A person who commits any act of open or gross lewdness is guilty:

(a) For the first offense, of a gross misdemeanor.

(b) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.

2. For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open or gross lewdness.

6Las Vegas Municipal Code 6.35.100 Erotic dance establishment regulations.

(A) No person, firm, partnership, corporation or other entity shall advertise, or cause to be advertised, as an erotic dance establishment without a valid erotic dance establishment license issued pursuant to this Chapter.

(B) No later than the fifteenth day of the month succeeding the annual license period, an erotic dance establishment licensee shall file a verified report with the Department showing the licensee's gross receipts and amounts paid to dancers for the preceding annual period.

(C) An erotic dance establishment licensee shall maintain and retain for a period of three years the names, addresses, a copy of each dancer's work card, new and renewal, and ages of all persons employed as dancers by the licensee.

(D) No erotic dance establishment licensee shall employ as a dancer a person who:(1)Is under the age of eighteen years; or(2)Does not possess either a valid license pursuant to this Chapter or a valid work card pursuant to LVMC Chapter 6.86

(E) No person under the age of eighteen years shall be admitted to a nonalcoholic erotic dance establishment. No patron under the age of twenty-one shall be admitted to an alcoholic erotic dance establishment.

(F) No erotic dance establishment licensee shall serve, sell, distribute or suffer the consumption or possession of any intoxicating liquor, or any beverage represented as containing any alcohol upon the premises of the licensee without a valid tavern license.

(G) An erotic dance establishment licensee shall conspicuously display all the licenses required by this Chapter.

(H) Dancing shall take place within an area which is visible immediately upon entrance to the establishment premises, is visible immediately from the entry room, is visible immediately from one fixed staffed security station, or is visible immediately from a service bar area of the establishment's premises; however, no erotic dancing shall be visible to the outside sidewalk or street areas. Dance areas must not be obscured by any curtain or door that restricts view from one of the above-described areas. Patrons will not be allowed to enter private rooms with dancers.

(I) No dancer shall fondle or caress any patron, and no patron shall fondle or caress any dancer.

(J) Any erotic dance establishment which does not have a liquor license issued by the Department and which uses words that imply the availability of alcoholic liquor on the premises, such as "bar," "lounge" or "saloon," in any advertisement or place name must state in all such advertisements that alcoholic beverages are not sold or allowed on the premises.

(K) All erotic dance establishments that are not licensed to sell alcoholic beverages pursuant to LVMC Chapter 6.50 but are licensed pursuant to this Chapter shall post on each entrance door and not more than five inches above each entrance door, and in at least three places behind the bar, a sign with letters not less than three inches high stating:

"ALCOHOLIC LIQUOR IS NOT SOLD HERE""PROSTITUTION IS UNLAWFUL"

All erotic dance establishments licensed pursuant to this Chapter that are also licensed to sell alcoholic beverages pursuant to LVMC Chapter 6.50 shall post on each entrance door and not more than five inches above each entrance door, and in at least three places behind the bar, a sign with letters not less than three inches high stating:

"PROSTITUTION IS UNLAWFUL"

For each sign described in this Subsection, the letters must be black on a yellow background, and the sign on each entrance door and behind the bar must be between four and six feet above floor level. Each sign must be located and illuminated sufficient to be visible by a person with normal eyesight corrected to 20/20, thirty feet from the sign.

(L) No erotic dance establishment shall employ a security guard, or allow a security guard to work on the premises, unless such security guard has obtained a work card pursuant to LVMC Chapter 6.86

(Ord. No. 6263, § 2, 8-21-13; Ord. 3916 § 2 (part), 1995)

Las Vegas Municipal Code 6.06B.090 Adult nightclub regulations.

(A) No person, firm, partnership, corporation or other entity shall advertise adult entertainment or cause to be advertised, as an adult nightclub without a valid adult nightclub license issued pursuant to this Chapter.

(B) No later than the fifteenth day of the month succeeding the semiannual license period the adult nightclub establishment shall file, in conjunction with license fees, a verified report with the Department showing the licensee's gross receipts and amounts paid to attendants and servers for the preceding semiannual period.

(C) Licensee shall maintain and retain for a period of three years the names, addresses and ages of all persons employed as attendants or servers by the license.

(D) No licensee shall employ as an attendant or server a person under the age of eighteen years, or a person who has not obtained a permit pursuant to this Chapter.

(E) No person under the age of eighteen years shall be admitted to an adult nightclub.

(F) Licensee shall not serve, sell, distribute or suffer the consumption or possession of any intoxicating liquor, or any beverage represented as containing any alcohol upon the premises of the licensee.

(G) Licensee shall conspicuously display all licenses required by this Chapter.

(H) All communication, verbal, visual or physical, between attendants and patrons shall take place within an area which is visible immediately upon entrance to the establishment premises. Patrons shall not be allowed in private rooms with attendants.

(I) No attendant or server shall fondle or caress any patron and no patron shall fondle or caress any attendant or server.

(J) No patron shall directly pay or give any gratuity to any attendant or server for "sexual conduct," "sexual stimulation," or as to "offers to provide sexual conduct."

(K) No attendant or server shall solicit any pay or gratuity from any patron.

(L) Any adult nightclub, licensed pursuant to this Chapter, which advertises or uses the words in its trade or place name that imply the availability of alcoholic liquor on the premises, such as "bar," "lounge" or "saloon," must state in all such advertisements that alcoholic beverages are not sold on the premises.

(M) Adult nightclubs shall post on each entrance door and not more than five inches above each entrance door, and in at least three places behind the bar a sign with letters not less than three inches high stating:

"ALCOHOLIC LIQUOR IS NOT SOLD HERE"

"PROSTITUTION IS UNLAWFUL"

The letters must be black on a yellow background and the sign on each entrance door and behind the bar must be between four and six feet above floor level. Each sign must be located and illuminated sufficient to be visible by a person with normal eyesight corrected to 20/20, thirty feet from the sign.

(N) No adult nightclub shall employ a security guard, or allow a security guard to work on the premises unless such security guard has obtained a work identification card pursuant to LVMC 6.86

(O) Any patron evicted from an adult nightclub shall receive a reimbursement of the full admission fee and the cost of any beverage he/she purchased provided it was represented as a drink which contains alcohol when sold.

(P) No person, firm, partnership, corporation or other entity shall publicly display or expose or suffer the public display or exposure, with less than a full opaque covering, of any portion of the female breast below a point immediately above the top of the areola, or any portion of a person's genitals or pubic area or display of such anatomical parts in a lewd and obscene fashion even though opaquely covered.

(Q) No adult nightclub licensee, attendant, server or security guard shall allow, permit, encourage, or tolerate any act of masturbation to occur on the premises.

(Ord. 3917 § 2 (part), 1995)

Clark County Ordinance 6.160.110 Erotic dance establishment regulations.

(a) No person shall advertise, or cause to be advertised, as an erotic dance establishment without a valid erotic dance establishment license issued pursuant to this chapter.

(b) No later than the fifteenth day of the month succeeding the annual license period shall an erotic dance establishment licensee file a verified report with the department showing the amounts paid to dancers for the preceding annual period.

(c) An erotic dance establishment licensee shall maintain and retain for a period of three years the legal names and aliases, addresses, a copy of each dancer's current and valid work identification card, and the ages of all persons employed as dancers by the licensee.

(d) No nonalcoholic erotic dance establishment licensee shall employ any person under the age of eighteen years, or a person who does not have a valid work identification card. No erotic dance establishment licensed to sell alcoholic beverages shall employ any person under the age of twenty-one years or a person who does not have a valid work identification card.

(e) No person under the age of eighteen years shall be admitted to a nonalcoholic erotic dance establishment. No person under the age of twenty-one years shall be admitted to an erotic dance establishment that is licensed to serve alcoholic beverages.

(f) No erotic dance establishment licensee shall serve, sell, distribute or suffer the consumption or possession of any intoxicating liquor, or any beverage represented as containing any alcohol, upon the premises of the licensee without a valid liquor license. Erotic dance establishments offering nude entertainment are ineligible to receive a liquor license.

(g) An erotic dance establishment licensee shall conspicuously display all licenses required by this chapter.

(h) An erotic dance establishment licensee shall not knowingly permit, allow or encourage any employee, including but not limited to any dancer, to do any of the following on the licensed premises for the purpose of arousing or gratifying the sexual desires of any person:

(1) Use or permit any part of his or her body, to make contact with the anus, pubic region, genitals, or female breasts of any other person;

(2) Use or permit his or her anus, pubic region, genitals, or female breast(s) to make contact with any other person except that while dancing, dancers in an erotic dance establishment licensed for the sale of alcoholic beverages may allow their clothed anus, pubic region, and genitals to make contact with a patron's leg(s), excluding the patron's feet, as long as there is no contact that is otherwise prohibited in this section; and that while dancing in an erotic dance establishment not licensed for the sale of alcoholic beverages, dancers may allow their unclothed anus, pubic region, and genitals to make contact with a patron's leg(s), excluding the patron's feet, as long as there is no contact that is otherwise prohibited in this section;

(3) Use or permit his or her buttocks to make contact with the face, hands, anus, genitals or female breasts of any other person; or

(4) Perform any lewd activity or any sexual acts which are prohibited by law.For the purposes of this section:"Contact" shall include contact which occurs whether a person is clothed or unclothed or by means of any other object."Lewd/lewd activity" is defined as

(a) the showing or display of the human male or female genitals, pubic area, or anus with less than a fully opaque covering (applicable only to erotic dance establishments licensed for the sale of alcoholic beverages), or the showing of the covered male genitals in a discernibly turgid state for the purposes of arousing or gratifying the sexual desire of any person;

(b) The touching of one's own or another person's clothed or unclothed human male and female genitals, pubic area, anus, or female breast(s) for purposes of arousing or gratifying the sexual desire of any person. Exceptions to this subsection (b) are that the clothed (for dancers dancing in an erotic dance establishment licensed for the sale of alcoholic beverages) or unclothed (for dancers dancing in an erotic dance establishment not licensed for the sale of alcoholic beverages) anus, pubic region, and genitals of a dancer may touch the leg(s) of a patron as described in subsection (h) (2) of this section, and a dancer may touch her own clothed or unclothed breasts, for purposes of arousing or gratifying the sexual desire of any person; or

(c) Any actual act of sexual intercourse, while clothed or unclothed, that involves but may not be limited to the following types of contact: genital-genital, oral-genital, anal-genital, or oral-anal, with or between persons of the same sex or opposite sex, any actual act of masturbations, or any actual or simulated act of bestiality or sadomasochistic abuse.

(i) All dancing shall take place within an area which is immediately accessible to representatives of the LVMPD and the department without prior approval or restrictions of any type, including but not limited to physical barriers, electronic access, security personnel, or any other type of security measure.

(j)All dancing shall take place within an area which is visible immediately and completely from one or more of the following areas, either by direct observation or by means of electronic monitors that must provide instant, real-time visibility:

(i) upon entrance to the establishment's premises;

(ii) from at least one security station that has a fixed location; or

(iii) from a service bar area located on the licensed premises. No erotic dancing shall be visible to the outside sidewalk or street areas. The use of electronic monitors to satisfy the requirements of this subsection (j) must be located in one central location.

(k) Patrons may tip dancers provided there is no contact that is otherwise prohibited in this section.

(l) Dancers shall not appear in any public area of the licensed location while topless or in the nude unless dancing; appearing topless or nude shall be limited to dancers employed by the licensed establishment who possess a valid work identification card for erotic dance.

(m) An erotic dance establishment shall not knowingly permit, allow, or encourage any patron to use any part of his or her body, to make contact with the breasts, anus, pubic region or genitals of any employee, including but not limited to any dancer for the purposes of arousing or gratifying the sexual desire of any person. This does not, however, prohibit the contact that is permitted by subsection (h) of this section.Patrons are also prohibited from allowing or using their hands, face, pubic region, genitals, or anus from making contact with the buttocks of any employee, including but not limited to any cabaret entertainer, for the purposes of arousing or gratifying the sexual desire of any person.Except in cases of medical or emergency purposes, patrons must remain in a vertical position from the waist up at all times he or she is receiving or viewing a dance or performance by any dancer.For the purpose of this section:"Contact" shall include contact which occurs whether a person is clothed or unclothed or by means of any other object.

(n) Dancers shall not mingle with the patrons while in an unclothed or nude state at the licensed establishment.

(o) Any erotic dance establishment which does not have a liquor license issued by the board and which uses the words that imply the availability of alcoholic liquor on the premises, such as "bar," "lounge" or "saloon," in any advertisement or name must state in all such advertisements that alcoholic beverages are not sold or allowed on the premises.

(p) All erotic dance establishments licensed pursuant to this chapter which are not licensed to sell alcoholic beverages pursuant to Chapter 8.20 shall post at each entrance door, and not more than five inches above each entrance doorway if no door is present during hours of operation, and in at least three places behind the bar a sign with letters not less than three inches high stating:

"ALCOHOLIC LIQUOR IS NOT SOLD HERE""PROSTITUTION IS UNLAWFUL"

The letters must be black on a yellow background and the sign at each entrance door and behind the bar must be between four and six feet above floor level. Each sign must be located and illuminated sufficient to be visible by a person with normal eyesight or eyesight corrected to 20/20, thirty feet from the sign.

(q) No erotic dance establishment shall employ a security guard or other person described in Section 6.50.060, or allow a security guard or other person described in Section 6.50.060 to work on the premises unless such person has obtained a work identification card pursuant to Section 6.50.060For the purposes of this entire Section 6.16.110, "employee," "knowingly," "nude," "patron," and "topless" shall be defined as follows:

"Employee means an individual who is hired, engaged or authorized to perform any service on the licensed premises on a full, part-time, or contract basis, whether or not the individual is designated an employee, independent contractor, agent or otherwise, and whether or not the individual is compensated by the licensee. Employee does not include an individual exclusively on the licensed premises for repair maintenance of the premises or for delivery of good to the licensee, nor an attorney, accountant or other person whose primary function is to provide advice and assistance to the licensee.

"Knowingly" shall mean having an actual knowledge of or reason to know or a belief or ground for belief which warrants further inspection or inquiry. It does not require any knowledge of the unlawfulness of any act or omission.

"Nude" means the showing of the human male or female genitals, pubic area, or anus with less than a fully opaque covering, or the showing of the male genitals in a discernibly turgid state, whether covered or not. For the purposes of this definition, "fully opaque covering" does not include pasties, latex paint, or hair pieces.

"Patron" means any individual, other than an employee, present in or at any licensed premises at any time when such licensed premises are open for business.

"Topless" means the showing of the female breast below a point immediately above the top of the areola with less than fully opaque covering.

Although establishments licensed to sell alcoholic beverages pursuant to Chapter 8.20 that are also property licensed for topless entertainment as an adult entertainment cabaret pursuant to Chapter 6.95 do not have to be licensed under this chapter, such establishments shall, pursuant to Section 6.160.170, be considered as erotic dance establishments for the purposes of complying with these regulations.

(Ord. 2828 § 1, 2002; Ord. 2781 § 2, 2002: Ord. 1642 § 8, 1994: Ord. 1570 § 4, 1994: Ord. 1483 § 6, 1993: Ord. 1336 § 3, 1991: Ord. 1140 § 1 (part), 1989)

City of Las Vegas v. Eighth Judicial Dist. Court of State ex rel. County of, 122 Nev. 1041, 146 P.3d 240 (2006).

7Id. Wagner, Angie, "Vegas Tries to Clean Up Image," Los Angeles Times, (January 3, 2003).

8Las Vegas Municipal Code 6.35.170 Violation—Penalty.

It is unlawful for any person or business entity to engage in business as an erotic dance establishment, manager, dancer or as attendant and/or server within the City without first obtaining a license or permit therefor as provided in this Chapter. It is unlawful for a dancer to dance in a place or manner prohibited in this Chapter. Any person, firm or corporation violating this Section shall be guilty of a misdemeanor and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during which the violation is committed, continued or permitted, and upon conviction of such violation, such person, firm or corporation shall be punished by a fine of not less than two hundred fifty dollars for the first offense; not less than five hundred dollars for the second offense; not less than nine hundred fifty dollars for the third offense; and a fine of one thousand dollars plus not less than one week imprisonment for the fourth or additional offenses. In no case shall any sentence exceed more than a one thousand dollar fine and/or six months imprisonment; provided, no person shall be deemed guilty of any violation of this Chapter is acting in an investigative capacity pursuant to the request of Metro or the Director.

(Ord. 5998 § 78, 2008: Ord. 3916 § 2 (part), 1995)

Las Vegas Municipal Code 6.06B.130 License/permit required—Violation—Penalty.

It is unlawful for any person or business entity to engage in business as an adult nightclub or as attendant and/or server within the City without first obtaining a license or permit therefor as provided in this Chapter. Any person, firm or corporation violating this Section shall be guilty of a misdemeanor and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during which the violation is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not less than two hundred fifty dollars for the first offense; not less than five hundred dollars for the second offense; not less than nine hundred fifty dollars for the third offense; and a fine of one thousand dollars plus not less than one week imprisonment for the fourth or additional offenses. In no case shall any sentence exceed more than a one thousand dollar fine and/or six months imprisonment; provided, no person shall be deemed guilty of any violation of this Chapter if acting in an investigative capacity pursuant to the request of Metro or the Director.

(Ord. 5998 § 48, 2008: Ord. 3917 § 2 (part), 1995)

Clark County Ordinance 6.160.190 Penalty.

It is unlawful for any person or business entity to engage in business as an erotic dance establishment, manager, dancer or an attendant and/or server within the unincorporated areas of Clark County without first obtaining a license or work identification card as provided for in this chapter. Additionally, it shall be unlawful for any person or business to operate an erotic dance establishment in violation of Section 6.160.110. Any person, firm or corporation violating this section shall be guilty of a misdemeanor and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during which the violation is committed, continued or permitted and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not less than two hundred fifty dollars for the first offense; not less than five hundred dollars for the second offense; not less than nine hundred fifty dollars for the third offense; and a fine of one thousand dollars plus not less than one week imprisonment for the fourth or additional offenses. In no case shall any sentence exceed more than a one thousand dollar fine and/or six months imprisonment; provided, no person shall be deemed guilty of any violation of this chapter if acting in an investigative capacity pursuant to the request of the LVMPD or director.

(Ord. 1642 § 11, 1994: Ord. 1483 § 10, 1993)

9NRS 201.354 Engaging in prostitution or solicitation for prostitution: Penalty; exception.

1. It is unlawful for any person to engage in prostitution or solicitation therefor, except in a licensed house of prostitution.

2. Except as otherwise provided in subsection 3, a person who violates subsection 1 is guilty of a misdemeanor.

3. A person who violates subsection 1 by soliciting a child for prostitution is guilty of a category E felony and shall be punished as provided in NRS 193.130.

10NRS 453.336 Unlawful possession not for purpose of sale: Prohibition; penalties; exception.

1. Except as otherwise provided in subsection 5, a person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced practice registered nurse or veterinarian while acting in the course of his or her professional practice, or except as otherwise authorized by the provisions of NRS 453.005 to 453.552, inclusive.

2. Except as otherwise provided in subsections 3 and 4 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385, 453.339 or 453.3395, a person who violates this section shall be punished:

(a) For the first or second offense, if the controlled substance is listed in schedule I, II, III or IV, for a category E felony as provided in NRS 193.130.

(b) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

(c) For the first offense, if the controlled substance is listed in schedule V, for a category E felony as provided in NRS 193.130.

(d) For a second or subsequent offense, if the controlled substance is listed in schedule V, for a category D felony as provided in NRS 193.130.

3. Unless a greater penalty is provided in NRS 212.160, 453.337 or 453.3385, a person who is convicted of the possession of flunitrazepam or gamma-hydroxybutyrate, or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years. 4. Unless a greater penalty is provided pursuant to NRS 212.160, a person who is convicted of the possession of 1 ounce or less of marijuana:

(a) For the first offense, is guilty of a misdemeanor and shall be:

(1) Punished by a fine of not more than $600; or

(2) Examined by an approved facility for the treatment of abuse of drugs to determine whether the person is a drug addict and is likely to be rehabilitated through treatment and, if the examination reveals that the person is a drug addict and is likely to be rehabilitated through treatment, assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.

(b) For the second offense, is guilty of a misdemeanor and shall be:

(1) Punished by a fine of not more than $1,000; or

(2) Assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.

(c) For the third offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140.

(d) For a fourth or subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

5. It is not a violation of this section if a person possesses a trace amount of a controlled substance and that trace amount is in or on a hypodermic device obtained from a sterile hypodermic device program pursuant to NRS 439.985 to 439.994, inclusive.

NRS 453.337 Unlawful possession for sale of flunitrazepam, gamma-hydroxybutyrate and schedule I or II substances; penalties.

1. Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to possess for the purpose of sale flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any controlled substance classified in schedule I or II.

2. Unless a greater penalty is provided in NRS 453.3385, 453.339 or 453.3395, a person who violates this section shall be punished:

(a) For the first offense, for a category D felony as provided in NRS 193.130.

(b) For a second offense, or if, in the case of a first conviction of violating this section, the offender has previously been convicted of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, for a category C felony as provided in NRS 193.130.

(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, for a category B felony by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.

3. The court shall not grant probation to or suspend the sentence of a person convicted of violating this section and punishable pursuant to paragraph (b) or (c) of subsection 2.

NRS 453.338 Unlawful possession for sale of substances classified in schedule III, IV or V; penalties.

1. Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to possess for the purpose of sale any controlled substance classified in schedule III, IV or V.

2. A person who violates this section shall be punished:

(a) For the first and second offense, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $10,000.

(b) For a third or subsequent offense, or if the offender has been previously convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, for a category C felony as provided in NRS 193.130.

3. The court shall not grant probation to or suspend the sentence of a person convicted of violating this section and punishable under paragraph (b) of subsection 2.

6. As used in this section:

(a) “Controlled substance” includes flunitrazepam, gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.

(b) “Sterile hypodermic device program” has the meaning ascribed to it in NRS 439.943.

NRS 453.321 Offer, attempt or commission of unauthorized act relating to controlled or counterfeit substance unlawful; penalties; prohibition against probation or suspension of sentence for certain repeat offenders.

1. Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to:

(a) Import, transport, sell, exchange, barter, supply, prescribe, dispense, give away or administer a controlled or counterfeit substance;

(b) Manufacture or compound a counterfeit substance; or

(c) Offer or attempt to do any act set forth in paragraph (a) or (b).

2. Unless a greater penalty is provided in NRS 453.333 or 453.334, if a person violates subsection 1 and the controlled substance is classified in schedule I or II, the person is guilty of a category B felony and shall be punished:

(a) For the first offense, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $20,000.

(b) For a second offense, or if, in the case of a first conviction under this subsection, the offender has previously been convicted of an offense under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to an offense under this section, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $20,000.

(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to an offense under this section, by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.

3. The court shall not grant probation to or suspend the sentence of a person convicted under subsection 2 and punishable pursuant to paragraph (b) or (c) of subsection 2.

4. Unless a greater penalty is provided in NRS 453.333 or 453.334, if a person violates subsection 1, and the controlled substance is classified in schedule III, IV or V, the person shall be punished:

(a) For the first offense, for a category C felony as provided in NRS 193.130.

(b) For a second offense, or if, in the case of a first conviction of violating this subsection, the offender has previously been convicted of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a violation of this section, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $15,000.

(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a violation of this section, for a category B felony by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.

5. The court shall not grant probation to or suspend the sentence of a person convicted under subsection 4 and punishable pursuant to paragraph (b) or (c) of subsection 4.

11NRS 200.400 Definition; penalties.

1. As used in this section:

(a) “Battery” means any willful and unlawful use of force or violence upon the person of another.

(b) “Strangulation” has the meaning ascribed to it in NRS 200.481.

2. A person who is convicted of battery with the intent to commit mayhem, robbery or grand larceny is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

3. A person who is convicted of battery with the intent to kill is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.

4. A person who is convicted of battery with the intent to commit sexual assault shall be punished:

(a) If the crime results in substantial bodily harm to the victim or is committed by strangulation, for a category A felony by imprisonment in the state prison:

(1) For life without the possibility of parole; or

(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served,

-> as determined by the verdict of the jury, or the judgment of the court if there is no jury.

(b) If the crime does not result in substantial bodily harm to the victim and the victim is 16 years of age or older, for a category A felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of life with the possibility of parole.

(c) If the crime does not result in substantial bodily harm to the victim and the victim is a child under the age of 16, for a category A felony by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of life with the possibility of parole.

-> In addition to any other penalty, a person convicted pursuant to this subsection may be punished by a fine of not more than $10,000.

12NRS 203.010 Breach of peace.

Every person who shall maliciously and willfully disturb the peace or quiet of any neighborhood or person or family by loud or unusual noises, or by tumultuous and offensive conduct, threatening, traducing, quarreling, challenging to fight, or fighting, shall be guilty of a misdemeanor.

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