Types Of Sex Crimes

Prostitution

The Law: Nrs 201.354 And Nrs 207.030

NRS 201.354 provides the rules and penalties for prostitution. It’s unlawful for any person to engage in prostitution, except in a licensed house of prostitution. (There are no legal houses of prostitution in Clark County.)

  • Illegal prostitution or solicitation of prostitution with an adult is a misdemeanor, and is punishable by up to 6 months in county jail and a fine of up to $1,000.
  • Solicitation of prostitution from a minor is a category E felony and is punishable by a minimum of 1 year and a maximum of 4 years in prison, and a fine of up to $5,000.

” Prostitution” means “engaging in sexual conduct for a fee.” This can include sexual intercourse, oral-genital contact, or any touching of the sexual organs or other intimate parts of another person for the purpose of arousing or gratifying the sexual desire of the other person.

” Solicitation” means explicitly inviting another to engage in sexual conduct for a fee. The state doesn’t have to prove that a person actually intended to engage in a sexual act for money, only that they offered, agreed, or arranged to do so. (see Glegola v. State, 1994)

NRS 207.030 sets out laws against other sex-related acts, often closely related to prostitution charges.

Under this law it is illegal to:

  • Engage in (or offer or agree to do so) lewd or conduct in any public place or place in public view.
  • Engage in, or aid and abet (or offer or agree to do so) any act of prostitution.
  • Be a pimp or a panderer, or to live in a house of prostitution.
  • Loiter in or about any public toilet with the purpose of engaging in or soliciting any lewd act.

Solicitation

The Law: Nrs 201.354 And Nrs 207.030

NRS 201.354 provides the rules and penalties for prostitution. It’s unlawful for any person to engage in prostitution, except in a licensed house of prostitution. (There are no legal houses of prostitution in Clark County.)

  • Illegal prostitution or solicitation of prostitution with an adult is a misdemeanor and is punishable by up to 6 months in county jail and a fine of up to $1,000.
  • Solicitation of prostitution from a minor is a category E felony and is punishable by a minimum of 1 year and a maximum of 4 years in prison, and a fine of up to $5,000.

“Prostitution” means “engaging in sexual conduct for a fee.” This can include sexual intercourse, oral-genital contact, or any touching of the sexual organs or other intimate parts of another person for the purpose of arousing or gratifying the sexual desire of the other person.

“Solicitation” means explicitly inviting another to engage in sexual conduct for a fee. The state doesn’t have to prove that a person actually intended to engage in a sexual act for money, only that they offered, agreed, or arranged to do so. (See Glegola v. State, 1994)

NRS 207.030 sets out laws against other sex-related acts, often closely related to prostitution charges.

Las Vegas sex crimes attorneys point out that under this law it is illegal to:

  • Engage in (or offer or agree to do so) lewd or conduct in any public place or place in public view.
  • Engage in, or aid and abet (or offer or agree to do so) any act of prostitution.
  • Be a pimp or a panderer, or to live in a house of prostitution.
  • Loiter in or about any public toilet with the purpose of engaging in or soliciting any lewd act.

Prostitution With Aids

The Law: NRS 201.358 provides the penalty for engaging in prostitution or solicitation of prostitution with AIDS.

*These punishment apply to both legal and illegal prostitution.

Engaging in prostitution or solicitation while knowingly carrying the Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS) carries with it a prison term of 2 to 10 years in prison and a fine of up to $10,000. This penalty is in effect if the carrier has tested positive for HIV in State approved facility and the carrier has received notice of the positive test.

Open And Gross Lewdness

The Law: Nevada’s laws on open and gross lewdness are in NRS 201.210:

“A person commits any act of open or gross lewdness is guilty of a gross misdemeanor.”

The law leaves the definition of “lewd” very vague. This increases both the flexibility the State has when bringing charges, and the need for an skilled attorney to defend it.

  • A first offense is considered a gross misdemeanor, and is punishable by up to 1 year county jail and a fine of up to $2,000.
  • Any offense after the first is considered a category D felony, and is punishable by a minimum of 1 year and a maximum of 4 years in prison and a fine of up to $5,000.

*The penalties are much more severe when the lewd acts involve a minor under the age of 14.

Lewdness With A Minor

The Law

NRS 201.230 defines the offense of lewdness with a child under 14 as willfully and lewdly committing a lewd or lascivious act, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child.

The penalties for this offense, unless it arises to the level of sexual assault, is a life sentence with the possibility of parole after 10 years and a fine of up to $10,000. For a second offense, the penalty is a sentence of life without the possibility of parole. As mentioned above, additional penalties include lifetime supervision and registration as a sex offender.

Sexual Assault

The Law

NRS 200.366 provides the definition of sexual assault and the penalties for the commission of sexual assault. Sexual Assault is defined as:

  • Subjecting another person to sexual penetration, or
  • Forcing another person to make a sexual penetration on himself, herself, or another, or
  • Forcing another person to make a sexual penetration on a beast,
  • Against the will of the victim, or
  • Under conditions in which the perpetrator knows or should know that the victim is incapable of resisting or understanding the nature of his or her conduct.

As mentioned above, Sexual Assault, when committed against another adult, carries a life sentence. Parole eligibility does not begin for at least 10 years.

If the sexual assault results in substantial bodily harm to the victim, the defendant is not parole eligible until after serving 15 years. In some cases, the defendant will never obtain eligibility for parole.

When the Sexual Assault occurs against a minor, the penalties are even more severe, requiring at least 35 years to be served before one is eligible for parole.

Sexual Assault With A Minor

The Law:

NRS 200.366 provides the definition of sexual assault as:

  • Subjecting another person to sexual penetration, or
  • Forcing another person to make a sexual penetration on himself, herself, or another, or
  • Forcing another person to make a sexual penetration on a beast,
  • Against the will of the victim, or
  • Under conditions in which the perpetrator knows or should know that the victim is incapable of resisting or understanding the nature of his or her conduct.

Sexual assault, when committed with a minor, carries with it a life sentence. Parole eligibility does not begin for at least 25 years. If the victim is under the age of 14, parole eligibility does not begin until after 35 years.

If this is a second offense, the penalty is life without the possibility of parole.

If the sexual assault results in substantial bodily harm to the victim, the sentence is life without the possibility of parole.

Possession Of Child Pornography

The Law:

NRS 200.730 sets the definition and penalties in the State of Nevada for possessing child pornography.

  • A person who knowingly and willfully has in his or her possession for any purpose any film, photograph or other visual presentation depicting a person under the age of 16 years as the subject of a sexual portrayal or engaging in or simulating, or assisting others to engage in or simulate, sexual conduct is guilty of Child Pornography.
  • For the first offense, it is guilty 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 6 years, and may be further punished by a fine of not more than $5,000.
  • For any subsequent offense, it is a category A 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 life with the possibility of parole, and may be further punished by a fine of not more than $5,000.

Possession of Child Pornography also violates Federal Law.

  • 18 U.S.C. §2252A sets a penalty of 5 to 20 years in a federal prison if the defendant is any person who knowingly receives or distributes any child pornography that has been mailed, or
  • using any means or facility of interstate or foreign commerce shipped or transported in or affecting interstate or foreign commerce by any means, including by computer; or
  • any material that contains child pornography that has been mailed, or
  • using any means or facility of interstate or foreign commerce shipped or transported in or affecting interstate or foreign commerce by any means, including by computer.
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