NRS § 207.030 – Vagrancy

Nevada Revised Statute § 207.030 makes it a misdemeanor to commit vagrancy.

Vagrancy is a broad crime that comprises either 1) lewd conduct in public, 2) solicitation of prostitution, 3) pimping or pandering, 4) trying to enter a house to see what is inside; 5) keeping a place for hiding lost/stolen property; 6) loitering in public restrooms for unlawful purposes; or 7) lodging somewhere without the owner’s permission.

The entire text of the statute is:

NRS 207.030.  1. It is unlawful to:
(a) Offer or agree to engage in or engage in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view;
(b) Offer or agree to engage in, engage in or aid and abet any act of prostitution;
(c) Be a pimp, panderer or procurer or live in or about houses of prostitution;
(d) Seek admission to a house upon frivolous pretexts for no other apparent motive than to see who may be therein, or to gain an insight of the premises;
(e) Keep a place where lost or stolen property is concealed;
(f) Loiter in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act; or
(g) Lodge in any building, structure or place, whether public or private:
(1) Where a notice of default and election to sell has been recorded, unless the person is the owner, tenant or entitled to the possession or control thereof;
(2) Which has been placed on a registry of vacant, abandoned or foreclosed property by a local government, unless the person is the owner, tenant or entitled to the possession or control thereof; or
(3) Without the permission of the owner or person entitled to the possession or in control thereof.

2. A person who violates a provision of subsection 1 shall be punished:
(a) For the first violation of paragraph (a), (b) or (c) of subsection 1 and for each subsequent violation of the same paragraph occurring more than 3 years after the first violation, for a misdemeanor.
(b) For the second violation of paragraph (a), (b) or (c) of subsection 1 within 3 years after the first violation of the same paragraph, by imprisonment in the county jail for not less than 30 days nor more than 6 months and by a fine of not less than $250 nor more than $1,000.
(c) For the third or subsequent violation of paragraph (a), (b) or (c) of subsection 1 within 3 years after the first violation of the same paragraph, by imprisonment in the county jail for 6 months and by a fine of not less than $250 nor more than $1,000.
(d) For a violation of any provision of paragraphs (d) to (g), inclusive, of subsection 1, for a misdemeanor.

3. The terms of imprisonment prescribed by subsection 2 must be imposed to run consecutively.

4. A local government may enact an ordinance which regulates the time, place or manner in which a person or group of persons may beg or solicit alms in a public place or place open to the public.

Legal Analysis

Nevada Revised Statute 207.030 spells out several different unlawful actions that can be prosecuted as vagrancy. The criminal sentence turns on the specific act:

Nevada vagrancy offense	Misdemeanor penalties
Engaging in – or offering or agreeing to engage in – lewd or dissolute conduct in a public place or in a place open to the public view; or Engaging in – or offering or agreeing to engage in – or aiding and abetting – prostitution; or Being a pimp, panderer or procurer, or living in or about houses of prostitution (such as brothels)	First conviction in three years Up to 6 months in jail and/or Up to $1,000 in fines Second conviction in three years 30 days to 6 months in jail and $250 to $1,000 in fines Third conviction in three years 6 months in jail and $250 to $1,000
Trying to get into a house just to see what is inside; or Keeping a place where you conceal lost or stolen property; or Loitering at a public toilet to engage in or solicit any lewd, lascivious, or unlawful act; or Lodging in any place 1) without the owner’s permission; or 2) where a notice of default and election to sell has been recorded; or 3) which has been placed on a registry of vacant, abandoned or foreclosed property by a local government	Up to 6 months in jail and/or Up to $1,000 in fines

If a defendant gets convicted of more than one act of vagrancy, then the multiple sentences must be served consecutively (one after the other).

Example: Ella is convicted on two counts of vagrancy for soliciting prostitution and loitering at a public restroom to engage in prostitution. The judge orders her to five days in jail for each count. Since the sentences must be served consecutively, Ella would need to serve 10 days.

Note that NRS 207.030 allows local governments to pass ordinances which regulate where, when, and how people may lawfully beg or solicit alms from the public.¹

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Legal References