Are prostitution and solicitation the same thing in Nevada?

Posted on May 4, 2022

John soliciting sex worker outside by a car — Solicitation is punished the same as prostitution in Nevada.

Nevada law draws no distinction between prostitution (trading sex acts for a fee) and solicitation (offering or accepting to trade sex acts for a fee). And penalties are the same whether or not any sex took place or cash changed hands.¹

The majority of prostitution arrests occur in bars or public restrooms where a suspected hooker or john is caught in the act of solicitation by an undercover officer.²

Will I go to jail for prostitution in Nevada?

Jail is rare for a first-time offense since solicitation/prostitution is only misdemeanor.

Sex workers convicted of prostitution face maximum penalties of $1,000 in fines and/or six months in jail. But if the sex worker knows she has HIV, then soliciting prostitution is a category B felony punishable by two to 10 years in Nevada State Prison and/or $10,000 in fines.

Meanwhile, the penalties for “johns” increases with each successive conviction:

Number of offenses	Nevada penalties for customers soliciting prostitution
First time offense	Misdemeanor: Fines of up to $1,000 and/or up to 6 months in jail, An additional fine of $400, and A civil penalty of $200
Second time offense	Gross misdemeanor: Fines of up to $2,000 and/or up to 364 days in jail, An additional fine of $800, and A civil penalty of $200
Third time offense	Gross misdemeanor: Fines of up to $2,000 and/or up to 364 days in jail, An additional fine of $1,300, and A civil penalty of $200

Note that “johns” face felony charges if the person they are soliciting for prostitution is a minor under 18 years old:

Number of offenses	Nevada penalties for customers soliciting underage minors
First time offense	Category E felony: Probation and a suspended sentence, and A jail sentence of up to 1 year (at the court’s discretion) If the defendant has two or more prior felony convictions, the court may order 1 to 4 years in prison, and up to $5,000 in fines (at the court’s discretion).
Second time offense	Category D felony: 1 to 4 years in prison, and Up to $5,000 in fines (at the court’s discretion)
Third time offense	Category C felony: 1 to 5 years in prison, and Up to $10,000 in fines (at the court’s discretion) Probation or suspended prison sentences are unavailable for 3rd or subsequent convictions.³

See our related article, What is the punishment for hiring a prostitute in Las Vegas?

Can the charges get dismissed?

Nevada judges often do agree to dismiss a first-time prostitution charge as long as the defendant completes various terms, such as:

Paying a fine or doing the equivalent number of hours of community service;
Completing an AIDS Awareness class (“John School”);
Avoiding any new arrests or citations (other than for minor traffic tickets) until the case is closed.

Alternatively, judges may be willing to change the charge to something with less of a social stigma such as trespass (NRS 207.200) or disorderly conduct (NRS 203.210).

Isn’t prostitution legal in Nevada?

Prostitution is illegal throughout most of Nevada, including Las Vegas and Reno. Only regulated, licensed brothel prostitution is lawful in the following counties:

Churchill County
Elko County (only in incorporated Elko, Carlin, Wendover, and Wells)
Esmeralda County
Humbolt County (only in incorporated Winnemucca)
Lander County
Lyon County (only in Mound House)
Mineral County
Nye County
Storey County
White Pine County (only in incorporated Ely)⁴

Read our related article, Are there legal brothels in Las Vegas?

Legal References

NRS 201.354.
See Ford v. State (2011) 127 Nev. 608, 262 P.3d 1123.
NRS 201.354. NRS 201.358. See Salaiscooper v. Eighth Judicial Dist. Court, (2001) 117 Nev. 892, 34 P.3d 509, 117 Nev. Adv. Rep. 72.
NRS 244.345. NAC 441A.800.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.