State of Nevada Laws: Pandering, Prostitution,
and Disorderly Houses
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PANDERING, PROSTITUTION AND
DISORDERLY HOUSES
NRS 201.295
Definitions.
As used in NRS
201.295 to 201.440,
inclusive, unless the context otherwise requires:
1. “Adult” means a person 18 years of age or older.
2. “Child” means a person less than 18 years of age.
3. “Prostitute” means a male or female person who for
a fee engages in sexual intercourse, oral-genital contact or any
touching of the sexual organs or other intimate parts of a
person for the purpose of arousing or gratifying the sexual
desire of either person.
4. “Prostitution” means engaging in sexual conduct for
a fee.
5. “Sexual conduct” means any of the acts enumerated
in subsection 3.
(Added to NRS by 1979, 302; A 1987, 2028; 1997, 295)
NRS 201.300
Pandering: Definition;
penalties; exception.
1. A person who:
(a) Induces, persuades, encourages, inveigles, entices or
compels a person to become a prostitute or to continue to engage
in prostitution;
(b) By threats, violence or by any device or scheme, causes,
induces, persuades, encourages, takes, places, harbors,
inveigles or entices a person to become an inmate of a house of
prostitution or assignation place, or any place where
prostitution is practiced, encouraged or allowed;
(c) By threats, violence, or by any device or scheme, by fraud
or artifice, or by duress of person or goods, or by abuse of any
position of confidence or authority, or having legal charge,
takes, places, harbors, inveigles, entices, persuades,
encourages or procures a person to enter any place within this
state in which prostitution is practiced, encouraged or allowed,
for the purpose of prostitution;
(d) By promises, threats, violence, or by any device or scheme,
by fraud or artifice, by duress of person or goods, or abuse of
any position of confidence or authority or having legal charge,
takes, places, harbors, inveigles, entices, persuades,
encourages or procures a person of previous chaste character to
enter any place within this state in which prostitution is
practiced, encouraged or allowed, for the purpose of sexual
intercourse;
(e) Takes or detains a person with the intent to compel the
person by force, threats, menace or duress to marry him or any
other person; or
(f) 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 the purpose of prostitution,
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is guilty of pandering.
2. A person who is found guilty of pandering:
(a) An adult:
(1) If physical force or the immediate threat of physical force
is used upon the adult, is guilty of a category C felony and
shall be punished as provided in NRS
193.130.
(2) If no physical force or immediate threat of physical force
is used upon the adult, is guilty of a category D felony and
shall be punished as provided in NRS
193.130.
(b) A child:
(1) If physical force or the immediate threat of physical force
is used upon the child, is guilty of a category B felony and
shall be punished by imprisonment in the state prison for a
minimum term of not less than 2 years and a maximum term of not
more than 20 years and may be further punished by a fine of not
more than $20,000.
(2) If no physical force or immediate threat of physical force
is used upon the child, is guilty of a category B felony and
shall be punished by imprisonment in the state prison for a
minimum term of not less than 1 year and a maximum term of not
more than 10 years and may be further punished by a fine of not
more than $10,000.
3. This section does not apply to the customer of a
prostitute.
[1:233:1913; 1919 RL p. 3379; NCL § 10537]—(NRS A 1959, 7;
1967, 477; 1977, 1054; 1979, 1430; 1995, 1201; 1997, 295)
NRS 201.310
Pandering: Placing spouse in
brothel; penalties.
1. A person who by force, fraud, intimidation or threats,
places, or procures any other person to place, his spouse in a
house of prostitution or compels his spouse to lead a life of
prostitution is guilty of pandering and shall be punished:
(a) Where physical force or the immediate threat of physical
force is used upon the spouse, for a category C felony as
provided in NRS
193.130.
(b) Where no physical force or immediate threat of physical
force is used, for a category D felony as provided in NRS
193.130.
2. Upon the trial of any offense mentioned in this
section, either spouse is a competent witness for or against the
other spouse, with or without the other’s consent, and may be
compelled so to testify.
[2:233:1913; 1919 RL p. 3380; NCL § 10538]—(NRS A 1967, 478;
1979, 302, 1431; 1995, 1202)
NRS 201.320
Living from earnings of
prostitute; penalty.
1. A person who knowingly accepts, receives, levies or
appropriates any money or other valuable thing, without
consideration, from the proceeds of any prostitute, is guilty of
a category D felony and shall be punished as provided in NRS
193.130.
2. Any such acceptance, receipt, levy or appropriation of
money or valuable thing upon any proceedings or trial for
violation of this section, is presumptive evidence of lack of
consideration.
[3:233:1913; 1919 RL p. 3380; NCL § 10539]—(NRS A 1967, 478;
1979, 303; 1995, 1202)
NRS 201.330
Pandering: Detaining person
in brothel because of debt; penalties.
1. A person who attempts to detain another person in a
disorderly house or house of prostitution because of any debt or
debts the other person has contracted or is said to have
contracted while living in the house is guilty of pandering.
2. A person who is found guilty of pandering:
(a) An adult:
(1) If physical force or the immediate threat of physical force
is used upon the adult, is guilty of a category C felony and
shall be punished as provided in NRS
193.130.
(2) If no physical force or immediate threat of physical force
is used upon the adult, is guilty of a category D felony and
shall be punished as provided in NRS
193.130.
(b) A child:
(1) If physical force or the immediate threat of physical force
is used upon the child, is guilty of a category B felony and
shall be punished by imprisonment in the state prison for a
minimum term of not less than 2 years and a maximum term of not
more than 20 years and may be further punished by a fine of not
more than $20,000.
(2) If no physical force or immediate threat of physical force
is used upon the child, is guilty of a category B felony and
shall be punished by imprisonment in the state prison for a
minimum term of not less than 1 year and a maximum term of not
more than 10 years and may be further punished by a fine of not
more than $10,000.
[4:233:1913; 1919 RL p. 3380; NCL § 10540]—(NRS A 1967, 479;
1979, 303, 1431; 1995, 1202; 1997, 296)
NRS 201.340
Pandering: Furnishing
transportation; penalties.
1. A person who knowingly transports or causes to be
transported, by any means of conveyance, into, through or across
this state, or who aids or assists in obtaining such
transportation for a person with the intent to induce, persuade,
encourage, inveigle, entice or compel that person to become a
prostitute or to continue to engage in prostitution is guilty of
pandering.
2. A person who is found guilty of pandering:
(a) An adult:
(1) If physical force or the immediate threat of physical force
is used upon the adult, is guilty of a category C felony and
shall be punished as provided in NRS
193.130.
(2) If no physical force or immediate threat of physical force
is used upon the adult, is guilty of a category D felony and
shall be punished as provided in NRS
193.130.
(b) A child:
(1) If physical force or the immediate threat of physical force
is used upon the child, is guilty of a category B felony and
shall be punished by imprisonment in the state prison for a
minimum term of not less than 2 years and a maximum term of not
more than 20 years and may be further punished by a fine of not
more than $20,000.
(2) If no physical force or immediate threat of physical force
is used upon the child, is guilty of a category B felony and
shall be punished by imprisonment in the state prison for a
minimum term of not less than 1 year and a maximum term of not
more than 10 years and may be further punished by a fine of not
more than $10,000.
3. A person who violates subsection 1 may be prosecuted,
indicted, tried and convicted in any county or city in or
through which he transports or attempts to transport the person.
[5:233:1913; 1919 RL p. 3380; NCL § 10541]—(NRS A 1967, 479;
1977, 1055; 1979, 1432; 1995, 1202; 1997, 297)
NRS 201.350
Venue for trial of offenses
constituting pandering. It
shall not be a defense to a prosecution for any of the acts
prohibited in NRS
201.300 to 201.340,
inclusive, that any part of such act or acts shall have been
committed outside this state, and the offense shall in such case
be deemed and alleged to have been committed, and the offender
tried and punished, in any county in which the prostitution was
consummated, or any overt act in furtherance of the offense
shall have been committed.
[6:233:1913; 1919 RL p. 3381; NCL § 10542]
NRS 201.354
Engaging in prostitution or
solicitation for prostitution: Penalty; exception.
1. It is unlawful for any person to engage in prostitution
or solicitation therefor, except in a licensed house of
prostitution.
2. Any person who violates subsection 1 is guilty of a
misdemeanor.
(Added to NRS by 1987, 2027; A 1991, 462)
NRS 201.356
Test for exposure to human
immunodeficiency virus required; payment of costs; notification
of results of test.
1. Any person who is arrested for a violation of NRS
201.354 must submit to a test, approved by regulation of the
State Board of Health, to detect exposure to the human
immunodeficiency virus. The State Board of Health shall not
approve a test for use that does not provide the arresting law
enforcement agency with the results of the test within 30 days
after a person submits to the test. If the person is convicted
of a violation of NRS
201.354, he shall pay the sum of $100 for the cost of the
test.
2. The person performing the test shall immediately
transmit the results of the test to the arresting law
enforcement agency. If the results of the test are negative, the
agency shall inform the court of that fact. If the results of
the test are positive, the agency shall upon receipt:
(a) Mail the results by certified mail, return receipt
requested, to the person arrested at his last known address and
place the returned receipt in the agency’s file; or
(b) If the person arrested is in the custody of the agency,
personally deliver the results to him and place an affidavit of
service in the agency’s file.
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If before receiving the results pursuant to this subsection, the
person arrested requests the agency to inform him of the results
and the agency has received those results, the agency shall
deliver the results to him, whether positive or negative, and
place an affidavit of service in the agency’s file.
3. The court shall, when the person arrested is arraigned,
order the person to reappear before the court 45 days after the
arraignment to determine whether the person has received the
results of the test. The court shall inform the person that his
failure to appear at the appointed time will result in the
issuance of a bench warrant, unless the order is rescinded
pursuant to this subsection. If the court is informed by the
agency that the results of the person’s test were negative,
the court clerk shall rescind the order for his reappearance and
so notify the person. If, upon receiving notice from the agency
that the results of the test were positive, the person notifies
the court clerk in writing that he has received the results, the
clerk shall inform the court and rescind the order for his
reappearance for that determination.
4. The court shall, upon the person’s reappearance
ordered pursuant to subsection 3, ask him whether he has
received the results of the test. If the person answers that he
has received them, the court shall note his answer in the court
records. If the person answers that he has not received them,
the court shall have the results delivered to him and direct
that an affidavit of service be placed in the agency’s file.
5. If the person does not reappear as ordered and has not
notified the court clerk of his receipt of the results of the
test in the manner set forth in subsection 3, the court shall
cause a bench warrant to be issued and that person arrested and
brought before the court as upon contempt. The court shall also
proceed in the manner set forth in subsection 4 to ensure that
the person receives the results of the test.
(Added to NRS by 1987, 2027; A 1989, 924)
NRS 201.358
Engaging in prostitution or
solicitation for prostitution after testing positive for
exposure to human immunodeficiency virus: Penalty; definition.
1. A person who:
(a) Violates NRS
201.354; or
(b) Works as a prostitute in a licensed house of prostitution,
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after testing positive in a test approved by the State Board of
Health for exposure to the human immunodeficiency virus and
receiving notice of that fact is guilty of a category B felony
and shall be punished by imprisonment in the state prison for a
minimum term of not less than 2 years and a maximum term of not
more than 10 years, or by a fine of not more than $10,000, or by
both fine and imprisonment.
2. As used in this section, “notice” means:
(a) Actual notice; or
(b) Notice received pursuant to NRS
201.356.
(Added to NRS by 1987, 2027; A 1989, 589, 925; 1995, 1203)
NRS 201.360
Placing person in house of
prostitution; penalties.
1. A person who:
(a) Places another in the charge or custody of a third person
with the intent that the other person engage in prostitution or
who compels the other person to reside with him or with any
third person for purposes of prostitution, or who compels
another person to reside in a house of prostitution;
(b) Asks or receives any compensation, gratuity or reward, or
promise thereof, for or on account of placing in a house of
prostitution or elsewhere a person for the purpose of causing
that person to cohabit with someone who is not the person’s
spouse;
(c) Gives, offers or promises any compensation, gratuity or
reward, to procure a person to engage in any act of prostitution
in any house of prostitution, or elsewhere, against the
person’s will;
(d) Is the spouse, parent, guardian or other legal custodian of
a person under the age of 18 and permits, connives at or
consents to the minor’s being or remaining in any house of
prostitution;
(e) Lives with or accepts any earnings of a common prostitute,
or entices or solicits a person to go to a house of prostitution
to engage in sexual conduct with a common prostitute;
(f) Decoys, entices, procures or in any manner induces a person
to become a prostitute or to become an inmate of a house of
prostitution, for purposes of prostitution, or for purposes of
employment, or for any purpose whatever, when that person does
not know that the house is one of prostitution; or
(g) Decoys, entices, procures or in any manner induces a person,
under the age of 21 years, to go into or visit, upon any pretext
or for any purpose whatever, any house of ill fame or
prostitution, or any room or place inhabited or frequented by
any prostitute, or used for purposes of prostitution,
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is guilty of a felony.
2. A person who violates the provisions of subsection 1
shall be punished:
(a) Where physical force or the immediate threat of physical
force is used upon the other person, for a category C felony as
provided in NRS
193.130.
(b) Where no physical force or immediate threat of physical
force is used, for a category D felony as provided in NRS
193.130.
[1911 C&P § 180; RL § 6445; NCL § 10127]—(NRS A 1967,
479; 1979, 303, 1432; 1995, 1203)
NRS 201.380
Restriction on location of
houses of ill fame; penalty.
1. It shall be unlawful for any owner, or agent of any
owner, or any other person to keep any house of ill fame, or to
let or rent to any person whatever, for any length of time
whatever, to be kept or used as a house of ill fame, or resort
for the purposes of prostitution, any house, room or structure
situated within 400 yards of any schoolhouse or schoolroom used
by any public or common school in the State of Nevada, or within
400 yards of any church, edifice, building or structure erected
for and used for devotional services or religious worship in
this state.
2. Any person violating the provisions of subsection 1
shall be punished by a fine of not more than $500.
[419:63:1947; 1943 NCL § 6084.429] + [420:63:1947; 1943 NCL §
6084.430] + [1911 C&P § 245; RL § 6510; NCL § 10193] +
[1911 C&P § 247; RL § 6512; NCL § 10195]—(NRS A 1967,
480)
NRS 201.390
Property on principal
business streets not to be rented for purposes of prostitution;
penalty.
1. It is unlawful for any owner or agent of any owner or
any other person to keep, let or rent for any length of time, or
at all, any house fronting on the principal business street or
thoroughfare of any of the towns of this state, for the purpose
of prostitution or to make or use any entrance or exit way to
any house of prostitution from the principal business street or
thoroughfare of any of the towns of this state.
2. Any person violating the provisions of subsection 1
shall be punished by a fine of not more than $500.
[1911 C&P § 246; RL § 6511; NCL § 10194] + [1911 C&P
§ 247; RL § 6512; NCL § 10195]—(NRS A 1967, 481; 1979, 304)
NRS 201.400
General reputation competent
evidence. In the trial
of all cases arising under the provisions of NRS
201.380 and 201.390,
evidence of general reputation is competent evidence as to the
question of the ill fame of any house alleged to be so kept, and
to the question of the ill fame of any person.
[1911 C&P § 248; RL § 6513; NCL § 10196]—(NRS A 1979,
304)
NRS 201.410
Duties of sheriff and
district attorney; failure to act; penalty.
The district attorney and sheriff of each county in
this state shall see that the provisions of NRS
201.380 are strictly enforced and carried into effect, and
upon neglect so to do, they, or either of them, shall be deemed
guilty of a misdemeanor in office and may be proceeded against
by accusation as provided in chapter
283 of NRS.
[421:63:1947; 1943 NCL § 6084.431]
NRS 201.420
Keeping disorderly house;
penalty. Any person who
shall keep any disorderly house, or any house of public resort,
by which the peace, comfort or decency of the immediate
neighborhood, or of any family thereof, is habitually disturbed,
or who shall keep any inn in a disorderly manner, is guilty of a
misdemeanor.
[1911 C&P § 219; RL § 6484; NCL § 10166]—(NRS A 1967,
481)
NRS 201.430
Unlawful advertising of
prostitution; penalties.
1. It is unlawful for any person engaged in conduct which
is unlawful pursuant to paragraph (b) of subsection 1 of NRS
207.030, or any owner, operator, agent or employee of a
house of prostitution, or anyone acting on behalf of any such
person, to advertise the unlawful conduct or any house of
prostitution:
(a) In any public theater, on the public streets of any city or
town, or on any public highway; or
(b) In any county, city or town where prostitution is prohibited
by local ordinance or where the licensing of a house of
prostitution is prohibited by state statute.
2. It is unlawful for any person knowingly to prepare or
print an advertisement concerning a house of prostitution not
licensed for that purpose pursuant to NRS
244.345, or conduct which is unlawful pursuant to paragraph
(b) of subsection 1 of NRS
207.030, in any county, city or town where prostitution is
prohibited by local ordinance or where the licensing of a house
of prostitution is prohibited by state statute.
3. Inclusion in any display, handbill or publication of
the address, location or telephone number of a house of
prostitution or of identification of a means of transportation
to such a house, or of directions telling how to obtain any such
information, constitutes prima facie evidence of advertising for
the purposes of this section.
4. Any person, company, association or corporation
violating the provisions of this section shall be punished:
(a) For the first violation within a 3-year period, by
imprisonment in the county jail for not more than 6 months, or
by a fine of not more than $1,000, or by both fine and
imprisonment.
(b) For a second violation within a 3-year period, 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 a third or subsequent violation within a 3-year period,
by imprisonment in the county jail for 6 months and by a fine of
not less than $250 nor more than $1,000.
[1:109:1913; 1919 RL p. 3379; NCL § 10535]—(NRS A 1967, 481;
1979, 305, 604; 1995, 2299)
NRS 201.440
Unlawful to permit illegal
advertising of houses of prostitution; penalties.
1. In any county, city or town where prostitution is
prohibited by local ordinance or where the licensing of a house
of prostitution is prohibited by state statute, it is unlawful
for any person, company, association or corporation knowingly to
allow any person engaged in conduct which is unlawful pursuant
to paragraph (b) of subsection 1 of NRS
207.030, or any owner, operator, agent or employee of a
house of prostitution, or anyone acting on behalf of any such
person, to advertise a house of prostitution in his place of
business.
2. Any person, company, association or corporation that
violates the provisions of this section shall be punished:
(a) For the first violation within a 3-year period, by
imprisonment in the county jail for not more than 6 months, or
by a fine of not more than $1,000, or by both fine and
imprisonment.
(b) For a second violation within a 3-year period, 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 a third or subsequent violation within a 3-year period,
by imprisonment in the county jail for 6 months and by a fine of
not less than $250 nor more than $1,000.
[2:109:1913; 1919 RL p. 3379; NCL § 10536]—(NRS A 1967, 481;
1979, 305, 605; 1995, 2300)
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