Las Vegas Prostitution Lawer

Defense Attorney for Sex Crimes Including Solicitation & Prostitution



Contrary to what many believe, prostitution is NOT legal in Sin City. However, this does not mean it is an uncommon occupation. In fact, it is not uncommon to run across someone engaging in prostitution in casino bars or nightclubs. Law enforcement is aware of this and targets many of their VICE operations by going undercover in casinos and soliciting sex with people they believe are engaging in prostitution. On the flip side, one may be looking for a prostitute and solicit someone they believe is a prostitute, but actually is an undercover officer. These two scenarios tend to be the most common situations when someone is charged with prostitution or solicitation. Typically, prostitution is treated as a misdemeanor unless there is an aggravating factor, such as soliciting a minor. Pandering or what is commonly referred to as “pimping,” which typically is related to prostitution, tends to be more severe and is treated as a felony crime in Nevada. Depending if physical force or violence is involved and/or the age of the prostitute, felony charges will vary.

Contact the Law Offices of Garrett T. Ogata To Discuss Your Prostitution Related Charges

What Is Prostitution?

Prostitution is the act of engaging in sexual activities in exchange for money or other forms of compensation. Although prostitution is often associated with certain areas in Las Vegas, it is important to note that it remains illegal within the city limits. Nevada law defines prostitution as the act of soliciting or engaging in sexual acts for compensation, whether the transaction is arranged directly between the parties or through a third-party, such as a pimp. In Las Vegas, prostitution is classified as a misdemeanor offense unless certain aggravating factors, such as the involvement of minors or prior convictions, elevate the charge to a felony. Individuals charged with prostitution can face various penalties, including fines, probation, or even jail time. The severity of the consequences depends on the specific circumstances surrounding the case, including any previous offenses or health-related concerns, such as testing positive for HIV. Legal representation is essential to navigate these complex situations and protect one’s rights.

What Is Solicitation?

Solicitation refers to the act of offering, agreeing to, or asking for sexual services in exchange for money or something of value. In other words, solicitation involves either proposing to engage in prostitution or attempting to hire someone for that purpose. Like prostitution, solicitation is illegal in Las Vegas and can result in significant legal consequences. Law enforcement officers, often working undercover, actively monitor areas known for solicitation and prostitution, such as casinos, bars, and nightclubs, to catch individuals in the act. A solicitation charge can arise even if no sexual act actually takes place. Merely agreeing to or negotiating the terms of a transaction can lead to an arrest. Penalties for solicitation in Las Vegas can include fines, community service, mandatory counseling, and even jail time, depending on the nature of the offense and any prior convictions.

Penalties for Prostitution or Solicitation

The penalties for prostitution or solicitation of prostitution in Las Vegas can vary greatly depending on the circumstances surrounding the charge. While prostitution is typically classified as a misdemeanor, certain factors, such as prior offenses or the involvement of minors, can elevate the charge to a felony. It’s important to understand the potential consequences that accompany these charges, as they can have a lasting impact on one’s life. Below are some of the key penalties associated with prostitution or solicitation of prostitution:
  • Prostitution is a misdemeanor unless one solicits a child or has tested positive for HIV and is charged again for prostitution or solicitation
  • Solicitation of a child for prostitution is a category E felony with a minimum 1 year to a maximum 4 years prison sentence and possible fine not more than $5,000
  • If one was charged prior and tested positive for HIV and received notice of the positive test and is charged again, then a category B felony and a 2 year minimum and not more than 10 year maximum sentence and/or fine not more than $10,000
 

Pandering & Pimping Defense in Las Vegas

Pandering, or what many would know as “pimping,” is a serious crime in Nevada and carries felony charges. Make no mistake about it, pandering is illegal in Nevada. Pandering generally is when a person induces, persuades, encourages, inveigles, entices or compels a person to become a prostitute or to continue to engage in prostitution, or become an inmate of a house of prostitution or assigned place where prostitution is encouraged. A person may also commit pandering if one receives, gives or agrees to receive or give any money or thing of value for procuring or attempting to procure a person to become a prostitute or to come into this state or leave this state for purposes of prostitution.  Depending if physical force or violence is involved and/or the age of the prostitute, felony charges will vary.  Once crossing state lines become involved, one may be facing federal charges as well.

Penalties for pandering

Unlike prostitution or solicitation, pandering charges do not apply to the customer of a prostitute but rather to the individual who induces or compels someone to engage in prostitution. The severity of the charges depends largely on whether physical force was used and the age of the person involved. Below are the penalties for pandering based on these factors:
  • If physical force or immediate threat of physical force is used upon an adult, a category C felony with a minimum 1 year up to a 5 year prison sentence and a possible fine not more than $10,000
  • If no physical force or immediate threat of physical is used upon the adult, a category D felony with a minimum 1 year up to a 4 year prison sentence and a possible fine of $5,000
  • If physical force or immediate threat of physical force is used upon an child, a category B felony with a minimum 2 years and a maximum term up to 20 years in prison and a possible fine not more than $20,000
  • If no physical force or immediate threat of physical is used upon the child, a category B felony with a minimum 1 year up to a maximum 10 year prison term and possible fine not more than $10,000

Defenses Against Prostitution Charges

Facing prostitution charges can be overwhelming, but it’s important to know that several legal defenses may be available depending on the specifics of your case. A skilled defense attorney can help evaluate the evidence and build a strategy to fight the charges. Here are some common defenses used in prostitution cases:
  1. Entrapment: One of the most frequently used defenses in prostitution cases is entrapment. Entrapment occurs when law enforcement officers induce someone to commit a crime they would not have otherwise committed. In prostitution stings, undercover officers may push an individual into agreeing to illegal activities, which could be considered entrapment. If the defense can show that the accused was unduly persuaded or coerced by law enforcement, the charges could be dismissed.
  2. Lack of Intent: For a prostitution charge to stick, the prosecution must prove that the defendant knowingly and willingly engaged in or solicited sexual acts for money. If it can be shown that there was no intent to engage in prostitution, such as in cases of misunderstanding or miscommunication, this can serve as a viable defense.
  3. Insufficient Evidence: Like any criminal case, the prosecution must prove guilt beyond a reasonable doubt. In some cases, the evidence presented by the prosecution may be weak, contradictory, or circumstantial. A defense attorney can challenge the validity of the evidence, question witness testimony, and argue for a lack of sufficient proof to convict.
  4. Violation of Constitutional Rights: During prostitution stings, law enforcement may sometimes violate the rights of the accused. This could include unlawful search and seizure, lack of probable cause, or failure to read Miranda rights. If your constitutional rights were violated during the arrest or investigation process, your attorney might be able to get the charges dropped or reduced.
  5. Coercion or Duress: In some situations, individuals may be forced or threatened into engaging in prostitution. If the accused can prove that they were coerced or acted under duress, this can serve as a powerful defense. The court may take into account the circumstances leading up to the alleged offense and the level of control or pressure exerted by another person.
Having a strong legal defense is crucial when facing prostitution charges. An experienced attorney can help protect your rights, challenge the prosecution's case, and work toward achieving the best possible outcome.  

How an Attorney Can Help Your Case

Facing prostitution or solicitation charges can have serious consequences, including fines, jail time, and a permanent criminal record. A skilled criminal defense attorney can make a significant difference in your case by guiding you through the legal process, building a strong defense, and protecting your rights. They will thoroughly investigate the circumstances of your case, challenge any weaknesses in the prosecution's evidence, and ensure that your constitutional rights were not violated during the arrest or investigation. Additionally, an attorney can negotiate plea deals to reduce charges or penalties, represent you in court if necessary, and provide crucial emotional support during this stressful time. By having an experienced advocate on your side, you increase your chances of achieving a more favorable outcome.

Facing Prostitution or Solicitation Charges in Las Vegas? Get Legal Help Today!

If you’ve been arrested for prostitution or solicitation in Las Vegas, it’s crucial to act quickly and secure strong legal representation. The consequences of a conviction can be severe, but with the right defense, you can protect your rights and your future. At The Law Offices of Garrett T. Ogata, our experienced attorneys are ready to fight for you. We’ll assess your case, build a customized defense strategy, and guide you through every step of the legal process.  Don’t face these charges alone—schedule a confidential consultation today to discuss your options and take the first step toward resolving your case.

Frequently Asked Questions

Are escorts legal in Las Vegas?

While escort services are allowed in Las Vegas, the line between legal and illegal activity depends on whether sexual services are involved. Escort services are legal as long as they strictly provide companionship without any form of sexual activity. However, once money is exchanged for sexual acts, it becomes illegal, and both parties could face prostitution-related charges.

Why is prostitution legal in Las Vegas?

A common misconception is that prostitution is legal in Las Vegas. In reality, prostitution is illegal in Las Vegas and the rest of Clark County. However, prostitution is legal in licensed brothels in certain rural counties of Nevada. The legal status in these rural areas has led to the belief that prostitution is permitted throughout the state, but this is not the case in Las Vegas.

Do the police do prostitution stings in Vegas?

Yes, prostitution is illegal in Clark County, which includes Las Vegas, and solicitation of prostitution is a crime. The Las Vegas Metropolitan Police Department frequently conducts undercover sting operations, often sending officers, including young cadets, to pose as prostitutes in high-traffic areas like casinos and nightclubs to catch individuals attempting to solicit prostitution.

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