What counties have legal prostitution in Nevada?

Licensed brothel prostitution is legal in the following ten rural counties in Nevada: 1) Churchill County; 2) Elko County (only in the incorporated communities of Elko, Carlin, Wendover and Wells); 3) Esmeralda County; 4) Humboldt County (only in the incorporated community of Winnemucca); 5) Lander County; 6) Lyon County (only in Mound House - home of Dennis Hof's BunnyRanch); 7) Mineral County; 8) Nye County; 9) Storey County (home of the Mustang Ranch); and 10) White Pine County (only in the incorporated city of Ely). However, there are currently no licensed brothels in Churchill, Esmeralda, or Humboldt. Plus the brothel sex industry is currently illegal in Clark County, Douglas County, Eureka County, Lincoln County, Pershing County, Washoe County (including Reno), and Carson City.

What counties in Nevada have legalized prostitution?

Q: Is there legal prostitution in Nevada?

Only in licensed brothels. Under Nevada law, solicitation (NRS 201.354) that occurs on the street, in bars, or over the internet (such as Craigslist) is against the law. Also, trading sex for money in a hotel room or a private residence is also against the law. In short, any act of prostitution or solicitation is illegal if it occurs outside of a legal brothel in the state of Nevada. Escort services - which claim to sell only a person's company - are often a front for illegal prostitution. Currently, the number of Nevada's legal brothels is 19. Nevada is the only state in the United States with some form of legalization of prostitution.

Q: Is prostitution legal in Las Vegas?

Never. Clark County prohibits brothels. Therefore, there is no way to lawfully sell sexual favors in Las Vegas. The closest licensed brothels to Las Vegas are about an hour away in Pahrump, which is rural Nevada.

Q: How does the brothel system work?

State law permits individual Nevada counties to decide whether to permit licensed brothel prostitution. In order to protect public health and safety, the Nevada legislature heavily regulates the brothel industry. For instance, Nevada brothel owners must make sure the following rules are followed: Sex workers must use condoms during sexual services and take regular HIV and tests for sexually transmitted diseases; brothel workers must be 18 or older and have Nevada work cards (which require background checks); sex workers must be there on their own accord (not sex trafficking or human trafficking victims); although sex workers are independent contractors, they must be paid fair wages; Nevada's brothels must never be close to a church or school or on a principal street; and brothels may advertise, but only in counties with legalized prostitution.

Q: What is the penalty for illegal prostitution?

A first offense is always a misdemeanor, and Johns face harsher penalties than hookers. Though criminal defense attorneys may be able to get the charges dismissed in exchange for a fine and online class on AIDS awareness. Note that Nevada prostitution law punishes prostitution the same as solicitation - which is offering or agreeing to trade sex for money. It does not matter if no money changes hands and no sex takes place. If the defendant is the prostitute, solicitation is a misdemeanor, carrying up to $1,000, and/or up to 6 months in jail. If the defendant is the customer, a first offense is a misdemeanor, carrying up to $1,000 and/or up to 6 months in jail, an additional fine of $400, and a civil penalty of $200. A second offense is a gross misdemeanor, carrying up to $2,000 and/or up to 364 days in jail, an additional fine of $800, and a civil penalty of $200. A third offense is also a gross misdemeanor, carrying up to $2,000 and/or up to 364 days in jail, an additional fine of $1,300, and a civil penalty of $200. Defendants may do community service in lieu of paying the civil fine. Note that law enforcement routinely stages stings where an undercover officer dresses as a hooker or a john in an effort to catch suspects in the act of solicitation. Also note that pimping is punished as a felony.

What counties in Nevada have legalized prostitution?

Which Nevada counties allow prostitution?

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Nevada remains the sole state in the United States that allows prostitution, but only in licensed brothels. Ten of Nevada’s 17 counties permit brothel prostitution, and six of them allow the practice county-wide.

Currently, there are active brothels in seven Nevada counties, and they are usually in rural, unpopulated areas. The ten counties that permit licensed brothel prostitution include:

Churchill County¹
Elko County (only in the incorporated communities of Elko, Carlin, Wendover and Wells)²
Esmeralda County³
Humboldt County (only in the incorporated community of Winnemucca)⁴
Lander County⁵
Lyon County (only in Mound House – home of Dennis Hof’s BunnyRanch)⁶
Mineral County⁷
Nye County⁸
Storey County (home of the Mustang Ranch)⁹
White Pine County (only in the incorporated city of Ely)¹⁰

However, there are currently no licensed brothels in Churchill, Esmeralda, or Humboldt. Plus the brothel sex industry is currently illegal in Clark County¹¹, Douglas County¹², Eureka County¹³, Lincoln¹⁴, Pershing County¹⁵, Washoe County (including Reno)¹⁶, and Carson City¹⁷.

Is there legal prostitution in Nevada?

Only in licensed brothels.¹⁸ Under Nevada law, solicitation that occurs on the street, in bars, or over the internet (such as Craigslist) is against the law. Also, trading sex for money in a hotel room or a private residence is also against the law.

In short, any act of prostitution or solicitation is illegal if it occurs outside of a legal brothel in the state of Nevada. Escort services – which claim to sell only a person’s company – are often a front for illegal prostitution.

Currently, the number of Nevada’s legal brothels is 19. Nevada is the only state in the United States with some form of legalization of prostitution.

Is prostitution legal in Las Vegas?

Never. Clark County prohibits brothels.¹⁹ Therefore, there is no way to lawfully sell sexual favors in Las Vegas. The closest licensed brothels to Las Vegas are about an hour away in Pahrump, which is rural Nevada.

How does the brothel system work?

State law permits individual Nevada counties to decide whether to permit licensed brothel prostitution. In order to protect public health and safety, the Nevada legislature heavily regulates the brothel industry. For instance, Nevada brothel owners must make sure the following rules are followed:

Sex workers must use condoms during sexual services and take regular HIV tests and tests for sexually transmitted diseases.²⁰
Brothel workers must be 18 or older and have Nevada work cards (which require background checks).²¹
Sex workers must be there on their own accord (not sex trafficking or human trafficking victims)
Although sex workers are independent contractors, they must be paid fair wages.
Nevada’s brothels must never be close to a church or school or on a principal street.²²
Brothels may advertise, but only in counties with legalized prostitution.²³

What is the penalty for illegal prostitution?

A first offense is always a misdemeanor, and “Johns” face harsher penalties than hookers. Though criminal defense attorneys may be able to get the charges dismissed in exchange for a fine and online class on AIDS awareness.

Note that Nevada prostitution law punishes prostitution the same as solicitation – which is offering or agreeing to trade sex for money. It does not matter if no money changes hands and no sex takes place.

Prostitution/Solicitation crime	Nevada penalties
The defendant is the prostitute	Misdemeanor: Up to $1,000, and/or Up to 6 months in jail
The defendant is the customer	A first offense is a misdemeanor: Up to $1,000 and/or up to 6 months in jail, An additional fine of $400, and A civil penalty of $200 A second offense is a gross misdemeanor: Up to $2,000 and/or up to 364 days in jail, An additional fine of $800, and A civil penalty of $200 A third offense is also a gross misdemeanor: Up to $2,000 and/or up to 364 days in jail, An additional fine of $1,300, and A civil penalty of $200 Defendants may do community service in lieu of paying the civil fine.²⁴

Prostitution/Solicitation crime

Nevada penalties

The defendant is the prostitute

Misdemeanor:

Up to $1,000, and/or
Up to 6 months in jail

The defendant is the customer

A first offense is a misdemeanor:

Up to $1,000 and/or up to 6 months in jail,
An additional fine of $400, and
A civil penalty of $200

A second offense is a gross misdemeanor:

Up to $2,000 and/or up to 364 days in jail,
An additional fine of $800, and
A civil penalty of $200

A third offense is also a gross misdemeanor:

Up to $2,000 and/or up to 364 days in jail,
An additional fine of $1,300, and
A civil penalty of $200

Defendants may do community service in lieu of paying the civil fine.²⁴

Note that law enforcement routinely stages stings where an undercover officer dresses as a hooker or a john in an effort to catch suspects in the act of solicitation.

Also note that pimps face felony charges for living from the earnings of a prostitute (NRS 201.301).²⁵

Legal References

Chapter 5.20.
Chapter 7-1-6.
Ordinance 154.
Chapter 5.08.030.
Chapter 5.16.
Chapter 3.
Chapter 5.12.
Chapter 9.2.
Chapter 5.16.
Chapter 10.36.
Chapter 12.8.015.
Chapter 9.20.
Chapter 6.60.010.
Chapter 7-2-1.
Chapter 9.08.020.
Chapter 50.238.
Chapter 8.04.110.
NRS 201.354.
Chapter 12.8.0
NAC 441A.800; NAC 441A.805.
NRS 201.354; see Barbara Brents, Jennifer Heineman, Rachel T. MacFarlane, Sex Industry and Sex Workers in Nevada, UNLV Reports Social Health of Nevada (2012).
NRS 201.380.
NRS 201.430.
NRS 201.354.
NRS 201.301.

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.

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