Nevada Crime of Pandering
Although Nevada, and especially Las Vegas, has a reputation for partying and “sin,” there is an entire chapter of laws called “Crimes against Public Decency and Good Morals” that can result in misdemeanor and felony charges for unsuspecting visitors and residents. Pandering is one of these crimes and it involves serious penalties.
If you are arrested for the Nevada crime of pandering, contact LV Criminal Defense – a team of qualified Las Vegas criminal attorneys – to protect your rights as soon as possible. Felony charges are serious and can impact your future.
Legal Definition of Pandering in Las Vegas, Nevada
Pandering involves convincing or enticing a person over the age of 18 years to become a prostitute or enter a place where prostitution is practiced regularly. Pandering does not require the use of physical force or even a threat of physical force.
How is pandering different from pimping?
The terms “panderer” and “pimp” are often confused and used as if they mean the same thing. The Nevada Supreme Court has provided a definition that is used in Nevada pandering and solicitation of prostitution cases. A “pimp” is a person who solicits patrons (“johns”) for a prostitute and lives off of the prostitute’s earnings. A person who panders, on the other hand, recruits people to become prostitutes and sets them up in business. Nevada cases involving pandering have included activities such as:
- Offering customers to a person to entice them to become a prostitute;
- Requesting that a person become a prostitute; and
- Suggesting that a person could “earn money in a hurry” by acting as a prostitute.
The 1993 Nevada case of Stanifer v. State discusses the differences between a pimp and a panderer, and between the crime of pandering and the crime of soliciting for prostitution.
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Sentencing for Pandering in Nevada
Although there is no physical violence required to prove a pandering charge, it is still a Category C felony in Nevada. The Nevada Supreme Court has pointed out that pandering and soliciting for prostitution often have higher penalties than prostitution itself.
A Category C felony provides for a minimum of 1 year in a Nevada prison, but can reach up to 5 years. The sentence can also include fines up to $10,000.
How is pandering related to Nevada crimes for sex trafficking?
If physical violence or the threat of physical violence is used to cause someone to become a prostitute or engage in an act of prostitution, there are increased penalties for pandering. The charge may increase to one for sex trafficking.
Where there is physical violence or threat of physical violence, a pandering conviction can result in a Category B felony.
A Category B felony for pandering which constitutes sex trafficking can result in a Nevada prison sentence of up to 10 years and fines of $10,000.
If the person trafficked is under the age of 14, the crime is a Category A felony. A Category A felony for pandering which constitutes sex trafficking can result in a penalty as high as life in prison with the possibility of parole after 10 or 15 years served, depending on whether the child was between 14 and 16, or below the age of 14, at the time he or she was trafficked.
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Consent of the person who engaged in prostitution is not a defense to the crime of pandering in Las Vegas, Nevada. Felony crimes are serious violations of the law and can result in long prison times, expensive fines, and a criminal record that will make it difficult to be hired or maintain immigration status.
If you are arrested for pandering in Nevada, contact Nicholas Wooldridge – a qualified defense attorney- immediately to protect your rights.