Nevada Revised Statutes § 201.300(1) prohibits pandering, which is enticing or persuading an adult to engage in prostitution. Pandering is a category C felony carrying 1 to 5 years of prison time even if no money changes hands.
If threats or violence is used – or if a child is pandered – then the state would instead bring the more serious charge of sex trafficking.
In this article, our Las Vegas criminal defense attorneys discuss:
- 1. Elements
- 2. Pandering vs. Pimping
- 3. Penalties
- 4. Defenses
- 5. Immigration Consequences
- 6. Record Seals
- Additional Resources
Non-violently inducing an adult to be a prostitute violates NRS 201.300(1).
1. Elements
Under NRS 201.300(1), pandering is inducing another adult – without violence or immediate threats of violence – to engage in prostitution.
Example: Jeremy is a pimp in Las Vegas, NV. One day he sees an 18-year-old girl Shelley begging for money. Jeremy invites her in his Porsche and takes her to his illegal brothel Downtown. There Jeremy shows her all the money, jewelry, and drugs she could get if she worked as a prostitute. Shelley is wowed by the lifestyle Jeremy is showing her and agrees to become a hooker.
Here, Jeremy is guilty of pandering because he induced Shelley to engage in prostitution. Had Jeremy threatened Shelley with violence – or had Shelly been under 18 years of age – then Jeremy would instead face charges for sex trafficking. That carries heftier penalties than pandering in the state of Nevada.1
Note that panderers do not include customers of prostitutes. “Johns” instead face misdemeanor or gross misdemeanor penalties for the patronizing or solicitation of prostitution (NRS 201.354).
Also note that prostitution is illegal throughout Nevada except for in licensed brothels. The state’s few legal brothels are located in rural counties. Any act of prostitution must occur inside the brothel and in abidance with state and local laws.
2. Pandering vs. Pimping
Pimping is knowingly taking earnings of a prostitute. In contrast, pandering is inducing someone to engage in prostitution, whether you take any money or not. In many cases, you face charges for both pimping and pandering.2
Example: Peter flags down Nelly on the street. Peter encourages her to become one of his sex workers by giving her a place to sleep. Nelly agrees and starts working as a hooker. Peter takes most of Nelly’s earnings for himself. Here, Peter first pandered Nelly by inducing her to become a sex worker. Then he pimped her by knowingly taking the money she earned from prostitution.
The following table summarizes the similarities and differences between pimping and pandering in Nevada.
| NEVADA LAW | Pandering | Pimping |
| Statute | NRS § 201.300(1) | NRS § 201.320 |
| Elements | Enticing or persuading an adult to engage in prostitution | Knowingly receiving money or other gains from the proceeds of a prostitute |
| Penalties | Category C felony: 1 to 5 years in prison, up to $10,000 and restitution. | Category C felony if there was violence or immediate threats of violence: 1 to 5 years in prison, up to $10,000 and restitution. Otherwise, a category D felony: 1 to 4 years in prison, up to $5,000 and restitution. |
| Defenses |
|
|
| Record Seal Wait Time for Conviction | 5 years after the case ends | 5 years after the case ends |
| Deportable? | Yes | Yes |
| Statute of Limitations | 3 years | 3 years |
3. Penalties
Pandering is a category C felony in Nevada. The punishment is:
- 1 to 5 years in Nevada State Prison,
- Up to $10,000 in fines (at the judge’s discretion), and
- Victim restitution.3
In addition, you may face asset forfeiture of your money or property that may have been obtained through prostitution.4
Panderers may try to induce people into becoming prostitutes by showing them all the luxuries they would be able to afford.
4. Defenses
Here at Las Vegas Defense Group, we have represented literally thousands of people accused of sex-related offenses such as pandering. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting these charges dismissed.
- You did not induce the sex worker. Perhaps the sex worker approached you and asked to work for you. In this case, the D.A. could bring pimping charges if you took money from the sex worker, but no pandering occurred.
- You were falsely accused. Sometimes people bring false accusations against each other out of anger, revenge, or a misunderstanding. If we can show that the accuser was motivated to lie about you being a panderer, the charge may be dismissed.5
- The police committed misconduct. Law enforcement is obligated to follow the Fourth Amendment when conducting searches and seizures. If the police overstepped their bounds, we can file a motion to suppress all the illegally obtained evidence. If the court grants this motion, then the D.A. may be forced to drop the pandering charge for lack of proof.
5. Immigration Consequences
Enabling prostitution is usually an aggravated felony, which is deportable. Therefore, if you are a non-citizen charged with pandering, you may lose your visa or green card if you get convicted.6
Any non-citizen charged with criminal offenses is advised to consult with an experienced lawyer. An attorney may be able to fight the charge and win a dismissal or substantial charge reduction that does not threaten your resident status.
6. Record Seals
There is a five-year waiting period after a Nevada pandering case closes to seal the conviction. If the pandering charges gets dismissed, then you can petition for a record seal immediately.7
Learn how to seal a criminal record in Nevada.
Additional Resources
If you are a sex worker in need of help, refer to the following:
- National Harm Reduction Coalition – Resource library
- Red Umbrella Fund – Sex worker-led participatory fund to advance the interest of sex workers
- Sex Workers Project – Medical, financial, and mental health resources
- National Human Trafficking Hotline – Immediate help for victims
- Sex Work Alliance of Nevada (SWAN) – Medical, financial, and mental health resources
Legal References
- NRS 201.300(1) (“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 [house of prostitution] within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution is guilty of pandering.”). Also see Ford v. State (Nev. 2011) 55,262 P.3d 1123.
- NRS 201.320.
- NRS 201.300; NRS 201.325. Note that Nevada also has a vagrancy statute (NRS 207.030) that makes it a misdemeanor to “be a pimp.” A first offense carries up to 6 months in jail and/or up to $1,000 in fines. A second offense in three years carries at least $250 and 30 days in jail. A third offense in three years carries at least $250 in fines and 6 months in jail.
- NRS 201.351.
- See also Sheriff, Clark County v. Gordon, 96 Nev. 205, 606 P.2d 533 (1980) and Sheriff, Clark County v. Horner, 96 Nev. 312, 608 P.2d 1106 (1980).
- 8 U.S. Code § 1101(a)(43)(K).
- NRS 179.245; NRS 179.255.