Pandering (commonly called "pimping") is a felony in Nevada, which mandates much harsher penalties than the misdemeanor crime of prostitution in Las Vegas (NRS 201.354). In addition to carrying high fines and prison time, a pandering conviction looks terrible on your criminal record and can cause prospective employers to not hire you for a job. The statute NRS 201.300 states:
A person who without physical force or the immediate threat of physical force, induces an adult to unlawfully become a prostitute or to continue to engage in prostitution, or to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution is guilty of pandering which is a category C felony and shall be punished as provided in NRS 193.130. This subsection does not apply to the customer of a prostitute.
This article provides an overview of pimping and pandering law in Clark County as well as what our Las Vegas criminal defense lawyers can do to help your case.
Legal definition of pandering in Nevada
Pandering means to encourage, force or otherwise arrange for someone else to engage in prostitution. It does not matter whether the alleged pandering involved violence, whether the supposed victim ended up having sexual relations, or whether any money exchanged hands . . . merely facilitating the solicitation of prostitution qualifies as pandering in Nevada.
The definition of pandering also comprises the acts of transporting someone with the intent they engage in prostitution or detaining someone in a brothel because of debts they may have. And although it does not frequently come into play in Nevada, pandering also includes forcing someone to get married. The common names for panderers are "pimps" or "madams."
Defenses to Nevada pandering charges
Several Las Vegas pimping and pandering cases come down to a "he said, she said" situation, leaving prosecutors with very little hard evidence to prove the charge. If the criminal attorney can persuade them that the evidence would be insufficient to win at trial, they may be amenable to dismissing the case or else reducing it to a lesser charge like breaching the peace in Clark County (203.010), which is only a misdemeanor in Nevada. Other defenses an attorney may explore using include:
- Any money that was exchanged did not have to do with prostitution.
- Mistaken identity: The person accused of pandering was not the real panderer.
- The police committed misconduct in carrying out the arrest or investigating the case.
- The suspect was falsely accused out of revenge, anger or misunderstanding.
Penalties for pandering in Nevada
Compelling any adult (including your spouse) to become a prostitute without the use of physical force or the immediate threat thereof is a category C felony in Nevada carrying the following punishment:
- 1 to 5 years in Nevada State Prison, and
- Maybe a fine of up to $10,000
- possible victim restitution
If the victim is a child, see our article on the Nevada crime of sex trafficking (NRS 201.300).
Living off the earnings of a prostitute in Nevada
Anyone who knowingly receives proceeds from another's act of prostitution even if he/she had no direct dealings with the prostitute and technically did not pander may be charged with a category D felony in Nevada under NRS 201.320. The sentence includes:
- 1 to 4 years in prison, and
- Maybe a fine of up to $5,000
Undocumented aliens will be removed from the U.S. if they are suspected of any prostitution-related behavior such as pandering. And because pandering is an aggravated felony as well as a crime involving moral turpitude in Nevada, legal aliens may face deportation for a pandering conviction as well.
If you are a non-citizen who has been accused of any crime in Nevada, it is imperative you hire criminal defense counsel right away who is also skilled in immigration law. Your lawyer's goal should be to try to get the case dismissed or at least changed to a non-removable offense so your resident status remains intact.
We are here to protect you . . .
If you have been charged with pandering or any other Nevada crime, our Las Vegas criminal defense lawyers will do everything within our power to try to get your charges reduced if not dismissed outright so your criminal record stays clean. Call us for a FREE consultation at 702-DEFENSE (702-333-3673) TODAY.
To learn about California pandering laws, go to our article on California pandering laws (Penal Code 266h & 266i PC).