PLACING PERSON IN HOUSE OF PROSTITUTION

Prostitution is legal throughout most of Nevada. It is banned in the two largest counties, Clark (Las Vegas) and Washoe (Reno), however, and it is heavily regulated everywhere else. One of the regulations is the prohibition against placing a person in a house of prostitution. Even though brothels are legal, the decision to work in a brothel is one that must be made by the prostitute, and not by someone else. Convictions for placing a person in a house of prostitution are severe and include jail time and harsh fines.

What is the legal definition of placing a person in a house of prostitution?

The crime of placing a person in a house of prostitution is governed by NRS 201.360.

NRS 201.360 – Placing person in house of prostitution; penalties.

1. A person who:
   1. Places another in the charge or custody of a third person with the intent that the other person engage in prostitution or who compels the other person to reside with him or her or with any third person for purposes of prostitution, or who compels another person to reside in a house of prostitution;
   2. Asks or receives any compensation, gratuity or reward, or promise thereof, for or on account of placing in a house of prostitution or elsewhere a person for the purpose of causing that person to cohabit with someone who is not the person’s spouse;
   3. Gives, offers or promises any compensation, gratuity or reward, to procure a person to engage in any act of prostitution in any house of prostitution, or elsewhere, against the person’s will;
   4. Is the spouse, parent, guardian or other legal custodian of a person under the age of 18 and permits, connives at or consents to the minor’s being or remaining in any house of prostitution;
   5. Lives with or accepts any earnings of a common prostitute, or entices or solicits a person to go to a house of prostitution to engage in sexual conduct with a common prostitute;
   6. Decoys, entices, procures or in any manner induces a person to become a prostitute or to become an inmate of a house of prostitution, for purposes of prostitution, or for purposes of employment, or for any purpose whatever, when that person does not know that the house is one of prostitution; or
   7. Decoys, entices, procures or in any manner induces a person, under the age of 21 years, to go into or visit, upon any pretext or for any purpose whatever, any house of ill fame or prostitution, or any room or place inhabited or frequented by any prostitute, or used for purposes of prostitution,

• Is guilty of a felony.

1. A person who violates the provisions of subsection 1 shall be punished:
   1. Where physical force or the immediate threat of physical force is used upon the other person, for a category C felony as provided in NRS 193.130.
   2. Where no physical force or immediate threat of physical force is used, for a category D felony as provided in NRS 193.130.

How can someone be “placed” in a house of prostitution?

In theory, Nevada’s brothels house only willing participants in the act of prostitution. However, the lure of profits has led to a number of people forcing girls into prostitution and then taking a portion of their earnings. Of course, taking a portion of a prostitutes earnings is illegal (see, “Living off the Earnings of a Prostitute,” here). And yet, forced prostitution is still a very real problem, even in the legal Nevada brothels.

The NRS has, therefore, set forth a number of ways that someone can ‘force’ another person into prostitution:

• Placing a person in the charge or custody of a third person, intending that the third person will compel the person to engage in prostitution;
  
• Compelling someone to live in a brothel and become a prostitute;
  
• Taking or asking for any compensation for forcing someone to live in a brothel;
  
• Taking or asking for any form of compensation for taking someone to a residence so that person can have sex with someone they are not married to;
  
• Gives or promises any sort of compensation for someone engaging in prostitution;
  
• Being the parent, guardian or spouse of a minor engaging in prostitution;
  
• Compelling someone to become an “inmate” at a house of prostitution.

What are the possible penalties?

The possible punishment depends one whether the accused uses force or the threat of force to compel prostitution.

If no force, or threat of force, was used, the crime will be charged as a category D felony, and will carry with it:

• Between 1 and 6 years in a Nevada State Prison; and
  
• Possible fines up to $5,000.

If, on the other hand, force or the threat of force was used to compel prostitution, then the crime will be charged as a category C felony, and will carry with it:

• Between 1 and 6 years in a Nevada State Prison; and
  
• Possible fines up to $5,000.

Are there any Defenses?

Yes, of course there are. In fact, Libel is an extremely vague and difficult to prove charge. Some of the possible defenses include:

• No Prostitution – Clearly, there is no way that you can be charged with placing a person in a house of prostitution if there is no actual prostitution taking place.
  
• No Placing, Forcing, or Inducing/Consent – If the person entered the house of prostitution of their own accord, and/or by their own decision, then no one can be charged with “placing” them there.
  
• Lack of Evidence – As with any crime, the prosecution bears the burden of proving every element of the crime “beyond a reasonable doubt.” If there is not enough evidence to uphold this high level of proof, then the charges should be dropped or dismissed.
  

What should I do if I’ve been charged with Placing a person in a house of prostitution?

As with any crime, it is very important that you speak with an experienced criminal defense attorney as soon as possible so that you can discuss the specific circumstances as well as any defenses that may apply to your case.