Nevada § 201.354 - Unlawful for customer to engage in prostitution or solicitation for prostitution except in licensed house of prostitution: Criminal penalties; civil penalty; discharge and dismissal

§ 201.354. Unlawful for customer to engage in prostitution or solicitation for prostitution except in licensed house of prostitution: Criminal penalties; civil penalty; discharge and dismissal

1. It is unlawful for a customer to engage in prostitution or solicitation therefor,

except in a licensed house of prostitution. 2. Any person who violates subsection 1 by soliciting for prostitution: (a) A child; (b) A peace officer who is posing as a child; or (c) A person who is assisting in an investigation on behalf of a peace officer by

posing as a child, is guilty of soliciting a child for prostitution. 3. Except as otherwise provided in subsection 5, a person who violates this section: (a) For a first offense, is guilty of a misdemeanor and shall be punished as provided

in NRS 193.150 , and by a fine of not less than $400. (b) For a second offense, is guilty of a gross misdemeanor and shall be punished as

provided in NRS 193.140 , and by a fine of not less than $800. (c) For a third or subsequent offense, is guilty of a gross misdemeanor and shall

be punished as provided in NRS 193.140 , and by a fine of not less than $1,300. 4. In addition to any other penalty imposed, the court shall order a person who violates

subsection 1 to pay a civil penalty of not less than $200 per offense. The civil penalty must be paid to the district attorney or city attorney of the

jurisdiction in which the violation occurred. If the civil penalty imposed pursuant to this subsection: (a) Is not within the person's present ability to pay, in lieu of paying the penalty,

the court may allow the person to perform community service for a reasonable number

of hours, the value of which would be commensurate with the civil penalty. (b) Is not entirely within the person's present ability to pay, in lieu of paying

the entire civil penalty, the court may allow the person to perform community service

for a reasonable number of hours, the value of which would be commensurate with the

amount of the reduction of the civil penalty. 5. A person who violates this section by soliciting a child for prostitution: (a) For a first offense, is guilty of a category D felony and shall be punished as

provided in NRS 193.130 , and by a fine of not more than $5,000. (b) For a second offense, is guilty of a category C felony and shall be punished as

provided in NRS 193.130 . (c) For a third or subsequent offense, 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 maximum term of not more than 6 years, and may be further punished by a

fine of not more than $15,000. The court shall not grant probation to or suspend the sentence of a person punished

pursuant to this paragraph. 6. Any civil penalty collected by a district attorney or city attorney pursuant to

subsection 4 must be deposited in the county or city treasury, as applicable, to be

used for: (a) The enforcement of this section; and (b) Programs of treatment for persons who solicit prostitution which are certified

by the Division of Public and Behavioral Health of the Department of Health and Human

Services. Not less than 50 percent of the money deposited in the county or city treasury, as

applicable, pursuant to this subsection must be used for the enforcement of this section. 7. If a person who violates subsection 1 is ordered pursuant to NRS 4.373 or 5.055 to participate in a program for the treatment of persons who solicit prostitution,

upon fulfillment of the terms and conditions of the program, the court may discharge

the person and dismiss the proceedings against the person. If the court discharges the person and dismisses the proceedings against the person,

a nonpublic record of the discharge and dismissal must be transmitted to and retained

by the Division of Parole and Probation of the Department of Public Safety solely

for the use of the courts in determining whether, in later proceedings, the person

qualifies under this section for participation in a program of treatment for persons

who solicit prostitution. Except as otherwise provided in this subsection, discharge and dismissal under this

subsection is without adjudication of guilt and is not a conviction for purposes of

employment, civil rights or any statute or regulation or license or questionnaire

or for any other public or private purpose, but is a conviction for the purpose of

additional penalties imposed for a second or subsequent conviction or the setting

of bail. Discharge and dismissal restores the person discharged, in the contemplation of

the law, to the status occupied before the proceedings. The person may not be held thereafter under any law to be guilty of perjury or otherwise

giving a false statement by reason of failure to recite or acknowledge the proceedings

in response to an inquiry made of the person for any purpose. Discharge and dismissal under this subsection may occur only once with respect to

any person. A professional licensing board may consider a proceeding under this subsection in

determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant

or licensee concerning any such proceeding with respect to the applicant or licensee. 8. Except as limited by subsection 9, if a person is discharged and the proceedings

against the person are dismissed pursuant to subsection 7, the court shall, without

a hearing, order sealed all documents, papers and exhibits in that person's record,

minute book entries and entries on dockets, and other documents relating to the case

in the custody of such other agencies and officers as are named in the court's order. The court shall cause a copy of the order to be sent to each agency or officer named

in the order. Each such agency or officer shall notify the court in writing of its compliance

with the order. 9. A professional licensing board is entitled, for the purpose of determining suitability

for a license or liability to discipline for misconduct, to inspect and to copy from

a record sealed pursuant to this section.