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What Is "Solicitation" & How Is it Different From Prostitution?

While Nevada is known for its relaxed laws regarding prostitution, the act of exchanging sexual favors for some form of payment is still illegal outside of licensed brothels located in only eight counties in the state. In addition to selling sex, soliciting or seeking to purchase sexual favors from a prostitute, is also a misdemeanor crime in Nevada. No sexual act needs to actually be carried out in order for a person to be charged with solicitation. Simply agreeing or offering to pay for sex is enough to support a solicitation charge.

A conviction of solicitation can carry the following penalties:

  • Up to six months in jail
  • Fines up to $1,000
  • Community service

Soliciting a prostitution from a minor under age 18 can increase these charges to felony status and carry up to four years in prison, as well as up to $5,000. Conviction of felony solicitation can also result in mandatory registration as a sex offender, which can place numerous restrictions on where a person may live and work. In some cases, a person may be required to register for the rest of their life.

Defenses Against Solicitation Charges

A number of different strategies may be used to defend against charges of solicitation. Possible defenses include the following:

1. Absence of agreement: The defense may argue that while a defendant may have been discussing a possible sexual encounter, the encounter was not contingent on the exchange of payment.

2. Flirtation: The defendant and the alleged prostitute’s communication may have been innocent flirting without sexual intent.

3. Entrapment: The police may not engineer a crime in order to catch a person in the act. Individuals who are illegally coaxed by undercover police into purchasing sex from a prostitute cannot be convicted.

Facing Charges? Call

If you have been charged with solicitation, our skilled Las Vegas criminal defense lawyer can defend you against the prosecution’s claims and fight to protect your freedom. Having dedicated 100% of our firm’s resources to criminal defense, we have what it takes to get your through this difficult time with your future and reputation intact.

Schedule a no-cost case evaluation today to find out more about how we can help.