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A conversation in a casino bar, a few messages on an app or a knock at a hotel room door can end with a prostitution or solicitation citation. The citation may be the first time you learn the other person was an undercover officer. The next questions are usually practical. What did the police record? Which court is on the paperwork? Do you have to come back to Las Vegas for the hearing?
LV Criminal Defense represents people accused of offering or paying for sexual services in Las Vegas and across Clark County. Nick Wooldridge can review the charge, explain what the prosecution would have to prove and help you decide how to respond.
Call 702-623-6362 or request a free consultation. Have your citation and any hearing notice handy.
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NRS 201.295 describes sexual conduct in exchange for money or another thing of value. The definition covers intercourse, oral-genital contact and certain intimate touching. A solicitation charge can arise from an alleged request, offer or agreement to exchange sexual conduct for something of value, even if the conversation ended before any payment or sexual contact.
The price of a booking for companionship in the chat can have different meanings. Was the price for the sex that was agreed upon? Or was it for something else? A complete exchange of messages can show if the price was tied to sex by either party.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Begin with the relevant statute and subsection. Note that first time adult customer offenses as well as first time worker offenses are misdemeanors. However, customer offenses carry separate fines and civil penalties. Below is a summary of the relevant statutes and general sentencing laws for the state of Nevada.
| Charge | Classification and jail maximum | Fines and civil penalties |
|---|---|---|
| Worker-side offense under NRS 201.353 | Misdemeanor. Up to 6 months in county jail. | General misdemeanor fine of up to $1,000. |
| First adult customer offense under NRS 201.354 | Misdemeanor. Up to 6 months in county jail. | At least $400 in criminal fines under NRS 201.354, plus a separate civil penalty of at least $200. |
| Second adult customer offense | Gross misdemeanor. Up to 364 days in county jail. | At least $800 in criminal fines under NRS 201.354, plus a separate civil penalty of at least $200. |
| Third or subsequent adult customer offense | Gross misdemeanor. Up to 364 days in county jail. | At least $1,300 in criminal fines under NRS 201.354, plus a separate civil penalty of at least $200. |
When a customer cannot afford some or all of the civil penalty, the court can allow community service in place of the amount the person cannot pay.
Allegations involving someone under 18. Nevada treats a first offense of soliciting a child for prostitution as a category D felony. A second offense is a category C felony, and a third or later offense is a category B felony. This statute also covers solicitation of a police officer posing as a child or someone posing as a child on an officer’s behalf. Allegations about recruiting another person or profiting from their prostitution can raise separate issues.
See our pages on pandering defense and sex trafficking charges.
The LVMPD Vice Section investigates prostitution-related offenses and conducts operations in tourist corridors and elsewhere in the Las Vegas Valley. An officer may pose as a customer or a sex worker. The evidence may include a recording, text messages, an online ad, surveillance footage or the officer’s account of an in-person conversation.
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.
We look at how the contact began, when money came up and what the people involved actually said it would pay for. A screenshot that begins with a dollar amount may leave out the question that prompted it. When the state alleges that sexual conduct took place, we also look at what the witnesses could see and whether the other evidence supports their account.
When an account, phone or online ad is central to the charge, we examine what connects it to you and who had access to it at the time. We also review how police obtained the messages or searched the device. A search that exceeded its legal authority can give the defense grounds to ask the court to exclude evidence.
Entrapment is when police inducement leads to a crime being committed by someone who is not already predisposed to committing that crime. Repeated pressure by police after a person refuses to engage in illegal activity may also constitute entrapment. In Martinez v. State, the Nevada Supreme Court discussed several factors to consider when evaluating whether entrapment occurred, including who initiated contact with whom. Thus, the first conversation with the police should be preserved.
Nevada bars counties with a population of 700,000 or more from licensing brothels under NRS 244.345. That rule applies throughout Clark County, including the Strip, Downtown Las Vegas, North Las Vegas and Henderson. Our guide to where prostitution is legal in Nevada explains the licensed-brothel exception in more detail.
For a court appearance, the exact address matters. Much of the Strip’s resort corridor runs through unincorporated Clark County, including Paradise and Winchester. Fremont Street Experience is downtown in the City of Las Vegas. Las Vegas Township also includes Spring Valley, Enterprise and Summerlin South. If the incident was in Henderson or North Las Vegas, your paperwork may name a different court.
Start with the court printed on the citation or hearing notice and use the Clark County Justice Court directory to check township court information.
A defense attorney can challenge holes in the state’s case, negotiate a lesser charge with the prosecutor, or even negotiate a dismissal with the prosecutor. The defense attorney can also review to see if the client is eligible for any statutory programs. The way a case is dismissed can affect the client’s record and what must be disclosed.
If you are charged under NRS 201.353. The prosecutor must dismiss the charge if, before trial, there is reason to believe you are a victim of sex trafficking as defined by Nevada law. Some defendants may also qualify for preprosecution diversion where the court offers it. Once the court finds that the defendant successfully completed that program, Nevada law requires dismissal and a sealing order.
If you have been charged with adult customer-side misdemeanor solicitation, then the court can suspend the sentence and order the defendant to attend a certified treatment program under NRS 4.373 or NRS 5.055. If the defendant successfully completes the program then the defendant can receive a one-time discharge and dismissal under NRS 201.354.
After the court orders sealing under that statute, the defendant can apply for various licenses and the case can be counted for subsequent penalties or for setting bail.
If your case is dismissed in another manner, you may be able to have the record of your arrest sealed. If you have been convicted of a crime, please refer to the Nevada record sealing guide for information on how your eligibility is affected by the type of conviction and disposition of your case.
In cases punishable by a fine, up to one year of imprisonment, or both, NRS 178.388(3) allows the court to permit certain proceedings in your absence with your written consent and the required court finding. Your lawyer can check whether the judge will allow it for the hearing on your notice.
Yes. A message the prosecution reads as an offer or request to exchange sexual conduct for payment can support a charge. The wording, the surrounding messages and who actually sent them can all affect whether the state can prove its case.
Nevada repealed NRS 201.356 and NRS 201.358 in 2021. These sections required arrest-based HIV testing and then created a separate felony for prostitution after a person was notified of a positive HIV test.
Bring the citation, the name of the court and whatever you have from the original exchange. Nick Wooldridge can help you understand the charge, what to expect at the next hearing and whether to challenge the evidence or pursue a resolution.
Call LV Criminal Defense at 702-623-6362 or request a free consultation.
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