A.B. 299
- *AB299*
ASSEMBLY BILL NO. 299–ASSEMBLYMEMBER MARZOLA
FEBRUARY 27, 2025
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Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to prostitution.
(BDR 15-1080)
FISCAL NOTE: Effect on Local Government: Increases or Newly
Provides for Term of Imprisonment in County or City
Jail or Detention Facility.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to crimes; increasing the penalties for a customer
who unlawfully engages in prostitution or solicitation
therefor; requiring a peace officer to make an arrest with
or without a warrant under certain circumstances; revising
requirements for the automatic sealing of records in
certain circumstances; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law prohibits a customer from engaging in prostitution or solicitation 1
for prostitution except in a licensed house of prostitution. Existing law provides that 2
a customer who violates such a prohibition: (1) for a first offense that involves an 3
adult, is guilty of a misdemeanor, punishable by imprisonment in the county jail for 4
not more than 6 months and by a fine of not less than $400 but not more than 5
$1,000; (2) for a subsequent offense that involves an adult, is guilty of a gross 6
misdemeanor, punishable by imprisonment in the county jail for not more than 364 7
days and by certain minimum fines; and (3) for any offense, is subject to a civil 8
penalty of not less than $200 per offense. Additionally, existing law provides for 9
the automatic sealing of records if a person is discharged and the proceedings 10
against the person are dismissed upon the fulfillment of the terms and conditions 11
of a court-ordered program for the treatment of persons who solicit prostitution. 12
(NRS 201.354) 13
This bill: (1) requires a peace officer to arrest a person if the peace officer has 14
probable cause to believe that the person has violated such a prohibition; (2) 15
increases the minimum fine for a first offense to not less than $800; (3) increases 16
the civil penalty for any offense to $600; and (4) authorizes a person to petition the 17
court 2 years after the person is discharged and the proceedings against the person 18
are dismissed for the sealing of all records relating to the discharge and dismissal. 19
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 201.354 is hereby amended to read as follows: 1
201.354 1. It is unlawful for a customer to engage in 2
prostitution or solicitation therefor, except in a licensed house of 3
prostitution. Whether or not a warrant has been issued, a peace 4
officer shall arrest a person if the peace officer has probable cause 5
to believe that the person to be arrested has violated this section. 6
2. Any person who violates subsection 1 by soliciting for 7
prostitution: 8
(a) A child; 9
(b) A peace officer who is posing as a child; or 10
(c) A person who is assisting in an investigation on behalf of a 11
peace officer by posing as a child, 12
is guilty of soliciting a child for prostitution. 13
3. Except as otherwise provided in subsection 5, a person who 14
violates this section: 15
(a) For a first offense, is guilty of a misdemeanor and shall be 16
punished as provided in NRS 193.150, and by a fine of not less than 17
[$400.] $800. 18
(b) For a second offense, is guilty of a gross misdemeanor and 19
shall be punished as provided in NRS 193.140, and by a fine of not 20
less than $800. 21
(c) For a third or subsequent offense, is guilty of a gross 22
misdemeanor and shall be punished as provided in NRS 193.140, 23
and by a fine of not less than $1,300. 24
4. In addition to any other penalty imposed, the court shall 25
order a person who violates subsection 1 to pay a civil penalty of not 26
less than [$200] $600 per offense. The civil penalty must be paid to 27
the district attorney or city attorney of the jurisdiction in which the 28
violation occurred. If the civil penalty imposed pursuant to this 29
subsection: 30
(a) Is not within the person’s present ability to pay, in lieu of 31
paying the penalty, the court may allow the person to perform 32
community service for a reasonable number of hours, the value of 33
which would be commensurate with the civil penalty. 34
(b) Is not entirely within the person’s present ability to pay, in 35
lieu of paying the entire civil penalty, the court may allow the 36
person to perform community service for a reasonable number of 37
hours, the value of which would be commensurate with the amount 38
of the reduction of the civil penalty. 39
5. A person who violates this section by soliciting a child for 40
prostitution: 41
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(a) For a first offense, is guilty of a category D felony and shall 1
be punished as provided in NRS 193.130, and by a fine of not more 2
than $5,000. 3
(b) For a second offense, is guilty of a category C felony and 4
shall be punished as provided in NRS 193.130. 5
(c) For a third or subsequent offense, is guilty of a category B 6
felony and shall be punished by imprisonment in the state prison for 7
a minimum term of not less than 1 year and maximum term of not 8
more than 6 years, and may be further punished by a fine of not 9
more than $15,000. The court shall not grant probation to or suspend 10
the sentence of a person punished pursuant to this paragraph. 11
6. Any civil penalty collected by a district attorney or city 12
attorney pursuant to subsection 4 must be deposited in the county or 13
city treasury, as applicable, to be used for: 14
(a) The enforcement of this section; and 15
(b) Programs of treatment for persons who solicit prostitution 16
which are certified by the Division of Public and Behavioral Health 17
of the Department of Health and Human Services. 18
Not less than 50 percent of the money deposited in the county or 19
city treasury, as applicable, pursuant to this subsection must be used 20
for the enforcement of this section. 21
7. If a person who violates subsection 1 is ordered pursuant to 22
NRS 4.373 or 5.055 to participate in a program for the treatment of 23
persons who solicit prostitution, upon fulfillment of the terms and 24
conditions of the program, the court may discharge the person and 25
dismiss the proceedings against the person. If the court discharges 26
the person and dismisses the proceedings against the person, a 27
nonpublic record of the discharge and dismissal must be transmitted 28
to and retained by the Division of Parole and Probation of the 29
Department of Public Safety solely for the use of the courts in 30
determining whether, in later proceedings, the person qualifies 31
under this section for participation in a program of treatment for 32
persons who solicit prostitution. Except as otherwise provided in 33
this subsection, discharge and dismissal under this subsection is 34
without adjudication of guilt and is not a conviction for purposes of 35
employment, civil rights or any statute or regulation or license or 36
questionnaire or for any other public or private purpose, but is a 37
conviction for the purpose of additional penalties imposed for a 38
second or subsequent conviction or the setting of bail. Discharge 39
and dismissal restores the person discharged, in the contemplation 40
of the law, to the status occupied before the proceedings. The person 41
may not be held thereafter under any law to be guilty of perjury or 42
otherwise giving a false statement by reason of failure to recite or 43
acknowledge the proceedings in response to an inquiry made of the 44
person for any purpose. Discharge and dismissal under this 45
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subsection may occur only once with respect to any person. A 1
professional licensing board may consider a proceeding under this 2
subsection in determining suitability for a license or liability to 3
discipline for misconduct. Such a board is entitled for those 4
purposes to a truthful answer from the applicant or licensee 5
concerning any such proceeding with respect to the applicant or 6
licensee. 7
8. Except as limited by subsection 9, if a person is discharged 8
and the proceedings against the person are dismissed pursuant to 9
subsection 7, the [court shall, without a hearing,] person may 10
petition the court for the sealing of all records relating to the 11
discharge and dismissal 2 years after the date of the dismissal. The 12
court may order sealed all documents, papers and exhibits in that 13
person’s record, minute book entries and entries on dockets, and 14
other documents relating to the case in the custody of such other 15
agencies and officers as are named in the court’s order. The court 16
shall cause a copy of the order to be sent to each agency or officer 17
named in the order. Each such agency or officer shall notify the 18
court in writing of its compliance with the order. 19
9. A professional licensing board is entitled, for the purpose of 20
determining suitability for a license or liability to discipline for 21
misconduct, to inspect and to copy from a record sealed pursuant to 22
this section. 23
Sec. 2. This act becomes effective on July 1, 2025. 24
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