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State of Nevada Laws: Pandering, Prostitution, and Disorderly Houses (Click here for printable .doc format)

 

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,

Ê 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.

Ê 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,

Ê 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,

Ê 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)

Weblink on Nevada Legislature page: http://www.leg.state.nv.us/NRS/NRS-201.html#NRS201Sec295 

 

 
 

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