While the First Amendment provides protection for free speech, the state of Nevada still imposes some significant restrictions on advertisements. In particular, Nevada disallows certain advertisements that could present a risk to the public or that could create unrealistic expectations to the public about health issues. In some cases, printing, creating or displaying advertisements about certain substances or services actually rises to the level of a crime.
Crimes related to improper advertising are defined within Chapter 202 of Title 15. Title 15 is the penal code in the state, and Chapter 202 is the part of the penal code that contains details on crimes against public health and safety. Within Chapter 202, there is further division of offenses into subcategories. The prohibitions on various types of unlawful advertising are found within a subsection of Chapter 202, which criminalizes many offenses that are considered to be against public health and safety.
If you have been accused of engaging in unlawful behaviors in connection with advertising, you need to respond proactively and take the charges seriously. You don’t want a criminal conviction on your record, nor do you want to take a risk of being found guilty of an offense for which you could potentially be sentenced to jail, probation or large fines.
LV Criminal Defense can help. Our firm has represented many defendants accused of criminal conduct considered to be a violation of public health and safety. We can defend you from many different accusations, including claims that you engaged in unlawful advertisement of prohibited material. To find out more about how Vegas criminal lawyers at our firm can help you, give us a call today.
One of the types of advertising that may be prohibited under Chapter 202 of Title 15 relates to advertisements of treatments, cures, or prevention of sexual disorders. Chapter 202.240 defines the prohibited conduct in connection with advertising treatment, cure or prevention of sexual disorders.
According to the law, it’s unlawful to publish, or cause to be published, an advertisement, label, statement, print, or writing that refers to people or places that treat or cure syphilis, gonorrhea, chancroid, lost manhood, lost vitality, sexual weakness, impotency, gleet, seminal emissions, varicocele, or self abuse.
It is also unlawful to deliver, distribute, post, permit to be posted, or permit to remain on buildings, windows, outhouses, or other surfaces in a premises under your control, any advertisements, labels, statements, prints, or writings detailing places or locations where these particular sexual disorders can be treated.
Finally, it is unlawful to manufacture, or to display in any public location where they could be read by passersby or the public, statements or labels referring to persons who provide cures or means by which cures or treatments could be obtained.
To secure a conviction, the prosecutor would need to prove that the advertisement which was unlawfully manufactured, displayed, or permitted to be displayed was calculated or intended to convey to the reader that medicine, articles, devices, preparations, or services could be used to prevent, treat, or cure any of the listed conditions.
Violating this statute by unlawfully advertising treatments, cures, or people or places where treatments or cures could be obtained, is a misdemeanor offense. However, the statute doesn’t apply to advertisements or notices issued by any state or federal government officials.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
A Nevada defense lawyer can provide you with representation if you have been accused of unlawfully advertising treatments, cures, or methods of preventing sexual disorders. To find out more about how our legal team can provide you with assistance in fighting against charges that could result in criminal penalties, give LV Criminal Defense a call today.