Arrested at a Las Vegas strip club? What to do next

Las Vegas is known for the Strip and its many strip clubs. What is not known is that these adult entertainment venues are the sites of frequent arrests.

Below or Nevada criminal defense lawyers discuss the most common Las Vegas strip club offenses, including:

• 1. Indecent exposure
• 2. Open or gross lewdness
• 3. Solicitation of prostitution
• 4. Drug possession
• 5. Battery
• 6. Breaching the peace

1. Indecent exposure

It seems counter-intuitive that arrests for indecent exposure can occur in strip clubs, but it is possible. Three examples are:

1. A dancer at a topless-only club flashing her genitalia;
2. A dancer stripping near an open door through which the general public can see; or
3. A patron exposing their anus or genitalia.

2. Open or gross lewdness

People in Las Vegas strip clubs can face open or gross lewdness charges for either:

1. sexually groping someone without their consent; or
2. having sexual relations with someone where at least one other person can see.

A first-time offense is a gross misdemeanor, carrying

• up to 364 days in jail and/or up to $2,000 in fines; and
• Tier I sex offender registration.

Second or subsequent offenses are category D felonies. The punishment is:

• 1 to 4 years in prison, and
• a fine of up to $5,000 (at the judge’s discretion), and
• Tier I sex offender registration.²

Local laws

There is a local Clark County ordinance that states:

“No dancer shall fondle or caress any patron, and no patron shall fondle or caress any dancer.”

Therefore, patrons and dancers may briefly touch each other to give and receive tip money – including slipping dollar bills into G-strings. There should be no touching beyond that.³

With regard to lap dances, rules depend on where the strip club is located:

• Incorporated Las Vegas (including Downtown): It is generally accepted that dancers may sit on the customer’s groin region during lap dances as long as there is no fondling or caressing.
• Unincorporated Las Vegas (including much of the Strip): Dancers may not sit on the customer’s groin or pelvic region. Lap dancers may touch their clothed pubic or anal area to a patron’s leg but nowhere else. Even the patron’s feet are explicitly off limits. To play it safe, many dancers “air dance” where they simulate the typical lap dance movements with no touching.

Violating local strip club rules is a misdemeanor in Clark County. First-time offenses typically carry a fine.⁴

3. Solicitation of prostitution

Some strip club patrons see strippers as potential hookers. Meanwhile, some strippers looking to make extra money see patrons as potential “johns.”

However, Nevada state law makes prostitution illegal in Las Vegas and throughout Clark County. Even soliciting prostitution – which is merely the offer to trade sexual favors for money – is also illegal in Clark County.

Las Vegas Metropolitan Police Department officers routinely wear bugs and go undercover into strip joints in an effort to catch “over acts” of solicitation. And the recordings can be used as evidence in the ensuing court case.

A first-time conviction is a misdemeanor even if no sex acts take place and no money changes hands.⁹ The penalties include:

• up to 6 months in jail, and/or
• up to $1,000 in fines.

(Jail is rare for a first-time offense.)

Note that “johns” face higher fines than sex workers do. “Johns” also face steeper penalties with each successive conviction.⁵

4. Drug possession

As with nightclubs, erotic dance establishments are hotbeds for using illegal drugs such as:

• methamphetamine
• heroine
• ecstasy
• cocaine
• PCP

Fortunately, most first-time possession of controlled substances charges can get dismissed if you pay a fine and complete rehab. And in some cases, the judge will throw out the case if we can show that the Metro police officers performed an illegal search.⁶

Even though the recreational possession of marijuana has been legalized, possession of marijuana in public remains a crime. A first-time offense of consuming marijuana in public is a misdemeanor carrying a $600 fine.⁷

5. Battery

It is not uncommon for fistfights to erupt in the alcohol- and adrenaline-fueled atmosphere of Las Vegas strip clubs. The people involved may face charges for battery, defined as the unlawful use of physical force on another.

As long as no one gets seriously hurt – and no deadly weapons were involved – battery is generally prosecuted as a misdemeanor. This carries

• up to 6 months in jail, and/or
• up to $1,000 in fines.⁸

Common battery defenses include that:

• you acted in lawful self-defense;
• the incident was an accident; or
• you were falsely accused.

6. Breaching the peace

Breach of peace (“disorderly conduct”) is a catch-all offense that comprises any raucous or disruptive actions. Three examples of disorderly conduct that may occur in strip clubs are:

1. Challenging a patron to a fight for monopolizing a stripper.
2. Yelling at a stripper for ignoring you.
3. Lying dead drunk in front of the bathroom, blocking other patrons from easily entering or exiting.

Breaching the peace is a misdemeanor, carrying.

• up to 6 months in jail, and/or
• up to $1,000 in fines.

It is rare for courts to impose jail for first-time disorderly conduct convictions.⁹

Arrested on criminal charges? Call our law firm for legal advice. Our Las Vegas criminal defense attorneys serve Henderson, North Las Vegas, and throughout the state.

See our related articles on pool party arrests, sex crimes, and trespass arrests at casinos.

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Legal References