“Loitering” in Las Vegas – 3 Situations Where It’s a Crime

You can be charged with loitering in Nevada by:

1. hanging out in locations where children gather,
2. remaining in a casino area or being at a bar while under 21, or
3. being in or near public restrooms in order to solicit sex or break the law.

Loitering is a misdemeanor in Nevada, typically punishable by:

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

However, it is rare for judges to impose jail for a first-time offense. Prosecutors may also agree to a plea bargain where the charge gets dismissed so that no conviction goes on your criminal record.

In this article I go into detail about loitering crimes in Nevada. Also listen to our informative podcast on the subject:

1. Schools or Places Where Children Gather

NRS 207.270 makes it a misdemeanor to loiter where children gather. These locations include:

• schools,
• parks,
• playgrounds,
• swimming pools,
• children community centers, or
• daycare centers.

The purpose of this law is to protect children from pedophiles and other people who mean to do children harm. Penalties include up to $1,000 in fines and/or six months in jail.¹

Common defenses to NRS 207.270 charges include:

1. You had a legitimate reason to be there, such as you were a babysitter supervising kids in your care;
2. You were just passing by and were not loitering; or
3. The location is not a place where children normally congregate.

2. Underage People at Casinos or Bars

NRS 463.350 prohibits loitering in a casino or any place where licensed gaming takes place if you are under 21. In practice, minors are allowed inside Nevada’s casinos: They just cannot linger near any of the

• slot machines,
• gaming tables, or
• sportsbooks.

Meanwhile, NRS 202.030 prohibits people under 21 from being on the premises of a bar (“saloon”). The purpose of these laws is to keep people who are too young to gamble or drink from being near where gambling or drinking takes place.

Loitering underage in a casino carries up to $1,000 in fines and/or six months in jail.² Loitering underage at a bar carries up to $500 in fines and no jail.³

Potential defenses to NRS 463.350 or NRS 202.030 charges include:

1. You were not underage;
2. You were not loitering and just walking by the gaming or bar area; or
3. You were far away from the gaming area, such as in a restaurant.

Many behaviors qualify as loitering in Nevada.

3. Public Restrooms

NRS 207.030 makes it a vagrancy offense to loiter in or near a public restroom to either:

• engage in or solicit sexual favors or
• commit an unlawful act.

Police frequently set up undercover stings in public restrooms in an attempt to catch would-be prostitutes and johns. Police are allowed to engage in deceptive practices as long as they do not force or threaten you into breaking the law.

During stings, officers dress up in plain clothes and pretend to solicit sexual favors from you. If you agree, the officer breaks cover and arrests you.

Loitering in a public restroom for unlawful purposes carries up to $1,000 in fines and/or six months in jail.⁴ Potential defenses to NRS 207.030 charges include:

1. You were using the restroom for its intended purpose;
2. You were not engaging in solicitation, sexual acts, or any other unlawful act;
3. You were just passing through and were not loitering there; and/or
4. The police committed misconduct, such as entrapping you or coercing a confession.

Local Laws

All Nevada counties and cities have local ordinances that prohibit loitering in certain circumstances. In the City of Las Vegas, there are ordinances that make it a misdemeanor to:

• Loiter or prowl on another’s private property without lawful business with the owner or occupant thereof.⁵
• Loiter at a pool hall or billiard room while under 18 years old unless accompanied by a parent or guardian.⁶
• Loiter while under 21 at a saloon, gambling house, barroom, cigar store or house of ill fame.⁷
• Loiter for the purpose of prostitution.⁸

Record Seals

A loitering conviction must remain on your criminal record for a full year. At that point, you can petition the court for a record seal.

If your loitering charge gets dismissed (meaning there is no conviction), then you can petition for a record seal immediately.⁹

Additional Reading

For more information, refer to the following:

• Is There Something Suspicious about the Constitutionality of Loitering Laws – Ohio State Law Journal.
• Targeted Loitering Laws – University of Pennsylvania Journal of Constitutional Law.
• Loitering and Related Offenses – Harvard  Civil Rights-Civil Liberties Law Review.
• Disorderly Conduct and Loitering – A Modern Approach to Traditional Legislation – Arkansas Law Review.
• Gang Loitering and Race – Journal of Criminal Law and Criminology.

Legal References