NRS 200.463 is the Nevada law that prohibits involuntary servitude. The statute states a person commits involuntary servitude if he/she knowingly subjects another person to forced labor by:

(a) Causing or threatening to cause physical harm to any person;

(b) Physically restraining or threatening to physically restrain any person;

(c) Abusing or threatening to abuse the law or legal process;

(d) Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of the person;

(e) Extortion;

(f) Causing or threatening to cause financial harm to any person;

(g) Debt bondage;

(h) Peonage; or

(i) Using a scheme, plan or pattern intended to cause the person to believe that the failure to perform an act would result in serious harm or physical restraint against any person

Nevada has four separate involuntary servitude (IS) statutes that outlaw specific behaviors and carry different penalties:

Nevada Involuntary Servitude (IS) crime	Penalties*
NRS 200.463 – IS of an adult 18 or older	Category B felony: if the victim sustains substantial bodily harm, 7 – 20 years in Nevada State Prison; otherwise, 5 – 20 years in prison possibly up to $50,000 in fines victim restitution (at the judge’s discretion)
NRS 200.4631 – IS of a child under 18	Category A felony: life in prison with the possibility of parole after 15 years Sex Offender Registration possibly up to $50,000 in fines restitution (at the judge’s discretion)
NRS 200.464 – Recruiting victims/ transporting victims/ profiting from IS	Category B felony: 1 – 15 years in prison possibly up to $50,000 in fines victim restitution in Nevada (at the judge’s discretion)
NRS 200.465 – Assuming rights of ownership over another – “slavery”	Category B felony: 5 – 20 years in prison possibly up to $50,000 in fines victim restitution in Nevada (at the judge’s discretion)
*The prison sentence can be doubled (up to 20 extra years) if the IS was also a hate crime.

An arrest is only the beginning of a criminal case, and the D.A. may be willing to negotiate the charges down via a plea bargain. Possible defenses to NRS 200.463 charges include:

1. The defendant was falsely accused;
2. The defendant did not act knowingly; and/or
3. The defendant was a lawful employer

In this article, our Las Vegas criminal defense attorneys discuss the Nevada crime of involuntary servitude. Scroll down, or click on a topic to jump to that section:

• 1. Legal definition
• 2. Penalties
• 3. Defenses
• 4. Immigration consequences
• 5. Record seals
• 6. Related offenses

1. Legal definition

People commit involuntary servitude (IS) in Nevada if they knowingly force another person to work by either:

• causing — or threatening to cause — physical harm or physical restraints or financial harm to any person;
• abusing — or threatening to abuse — the law or legal process;
• knowingly destroying or confiscating the victim’s passport, immigration documents, or other forms of ID; or
• committing extortion (NRS 205.320) against another person¹

In short, it is an NRS 200.463 violation to coerce someone else into forced labor. Many forced labor cases involving undocumented workers go unreported because they fear outing their alien status.

Example: Anya sneaks into the U.S. to try to earn money to send to her family in Russia. She gets a job in Henderson as a housekeeper for Jane, who then keeps Anya locked in the house and threatens to beat her if she does not work. If Anya calls the Henderson Police for help, Jane could be booked at the Henderson Detention Center for involuntary servitude. However, Anya then risks exposing her undocumented status to the authorities.

Involuntary servitude of minors in Nevada (NRS 200.4631)

NRS 200.4631 is specifically geared toward criminal suspects who either:

1. have physical custody of a minor,
2. allow a minor to reside in their residence,
3. are in a position of authority over a minor, and/or
4. provide care for any length of time to a minor

Defendants who fit either of the aforementioned four descriptions can be charged with IS of a minor if they either:

• obtains labor or services from the minor by causing — or threatening to cause — serious harm to the minor, including physical injury, sexual abuse, or sexual assault;
• benefit financially from the minor’s labor or services

Note that defendants can still face charges for NRS 200.4631 even if the minor consents to his/her treatment.²

Recruiting or transporting people for — or benefiting from — involuntary servitude in Nevada (NRS 200.464)

NRS 200.464 outlaws any action that facilitates involuntary servitude, such as recruiting or transporting the victims. This statute also outlaws people from benefiting financially from involuntary servitude, even if they are not the ones physically subjecting the victims to forced labor.³

Assuming rights of ownership over another person (NRS 200.465)

A person violates NRS 200.465 if he/she either:

• assumes rights of ownership over another person (or tries to); or
• buys or sells a person (or tries to)

In short, it is illegal to treat people as property in Nevada.⁴

2. Penalties

Holding an adult in involuntary servitude in violation of NRS 200.463 is a category B felony. The judge may order a fine of up to $50,000 as well as restitution to the victim. The prison sentence depends on whether the victim sustained substantial bodily harm from the forced labor or from trying to escape.

• If the victim was not seriously injured, the prison sentence is five to twenty (5 – 20) years.
• If the victim did sustain substantial bodily harm, the sentence is seven to twenty (7 – 20)  years.⁵

If the court finds that the defendant’s actions qualify as a hate crime, the prison sentence could be as much as doubled (up to 20 extra years). A hate crime is where the defendant’s actions were motivated by the victim’s:

• race,
• sexual orientation,
• religion,
• color,
• national origin,
• physical or mental disability, or
• gender identity or expression ⁶

Example: John forces Max, who is mentally challenged, to work for John’s Las Vegas landscaping business. John locks Max in his basement when Max is not working. If John is caught, the Las Vegas Police can book John at the Clark County Detention Center for involuntary servitude. If the prosecution believes that John exploited Max because of his diminished mental capacity, the charge would be treated as a hate crime.

If John, in the above example, gets convicted of IS and sentenced to 10 years in prison, the judge could double that underlying sentence to 20 years for being a hate crime.

Involuntary servitude of minors (NRS 200.4631)

Subjecting a child under 18 to involuntary servitude is a category A felony. The sentence is:

• life in prison with the possibility of parole after 15 years,
• Tier II sex offender status,
• possibly up to $50,000 in fines, and
• restitution to the victim (at the judge’s discretion)

Note that the judge can double the prison sentence up to 20 extra years if the defendant committed IS as a hate crime.⁷

Recruiting or transporting people for — or benefiting from — involuntary servitude in Nevada (NRS 200.464)

Recruiting or transporting people or otherwise benefiting from IS in violation of NRS 200.464 is a category B felony. The sentence is:

• one to fifteen (1 – 15) years in prison,
• possibly up to $50,000 in fines, and
• restitution to the victim (at the judge’s discretion)

Note that the judge can double the prison sentence if the defendant committed IS as a hate crime.⁸

Assuming rights of ownership over another person (NRS 200.465)

Buying, selling, or assuming ownership of another human being is a category B felony. The sentence is:

• five to twenty (5 – 20) years in prison,
• possibly up to $50,000 in fines, and
• restitution to the victim (at the judge’s discretion)

Note that the judge can double the prison sentence if the defendant committed IS as a hate crime.⁹

3. Defenses

Although IS is a very serious crime, it is also very difficult for prosecutors to prove. They have to demonstrate several different “elements”, and just one weak link could unravel the state’s case.

Three common defense strategies to involuntary servitude allegations in Nevada are:

1. The defendant was falsely accused
2. The defendant did not act knowingly
3. The defendant was a lawful employer

Typical evidence in these cases includes recorded communications, eyewitness accounts, video surveillance footage, and pay stubs.

The defendant was falsely accused

Perhaps a disgruntled worker wrongly accused his/her employer of involuntary servitude out of revenge or anger. Or perhaps the accused was mistaken for someone else who is the real culprit. The charges may be dropped if the defense attorney can show that the defendant is the victim of false allegations.

The defendant did not act knowingly

People who do not know that their actions are contributing to involuntary servitude should not be convicted for it:

Example: Sam is holding Marie in involuntary servitude, but he tells everyone she is his live-in maid. Sam’s neighbor Nancy mentions that she needs her grass cut. Wanting to impress Nancy, Sam says that he will pay for Marie to cut her grass. If Marie starts cutting Nancy’s grass, Nancy should not be prosecuted for IS because she had no idea Sam is forcing her to work for no pay.

Although Nancy in the above situation technically contributed to Marie’s plight by accepting her unpaid work, Nancy did so unknowingly because she believed Sam was paying her. Therefore, Nancy should not be criminally liable.

The defendant was a lawful employer

Sometimes, law enforcement mistakes perfectly legal employment arrangements for involuntary servitude.

For instance, it is not unlawful for housekeeping staff to live with their employer. Nor is it unlawful for employers and employees to agree to nontraditional payment terms.

As long as the prosecutor cannot prove that the defendant is perpetuating forced labor, the case should be dismissed.

4. Immigration consequences

Non-U.S. citizens convicted of violating NRS 200.463 or other IS laws probably will be deported after serving their prison sentence.¹⁰ Therefore, aliens facing IS charges should seek legal help prior to entering a plea or going to trial; the attorney may be able to negotiate a charge reduction or dismissal so that they may stay in the U.S.

5. Record seals

A Nevada conviction of involuntary servitude of a child (in violation of NRS 200.4631) may never be sealed. However, all other IS convictions can usually be sealed ten (10) years after the case ends.¹¹

Note that IS cases that get dismissed may be sealed right away, even if the alleged victim was a minor.¹²

Also, note that victims of involuntary servitude may be able to get immediate record seals for their own convictions of prostitution (NRS 201.354) or any other crime (not considered a “crime of violence”).¹³

Learn more about how to seal criminal records in Nevada.

6. Related offenses

Human trafficking

Human trafficking (NRS 200.467 & 200.468) is transporting illegal aliens into Nevada for illegal purposes, such as involuntary servitude. It is a category B felony carrying up to $50,000 in fines. The maximum sentence is 10 or 20 years in prison depending on the purpose of the trafficking.

Sex trafficking

Sex trafficking (NRS 201.300) is forcing or inducing someone to engage in prostitution. Sex trafficking an adult is a category B felony carrying up to 10 years in prison. Meanwhile, sex trafficking a minor is a category A felony carrying a possible life sentence.

False imprisonment

False imprisonment (NRS 200.460) is restricting another person’s freedom of movement without legal authority. False imprisonment is prosecuted as a gross misdemeanor or a category B felony depending on the circumstances.

Kidnapping

Kidnapping (NRS 200.310) is physically taking someone and carrying him/her away. In short, it is false imprisonment plus movement. Kidnapping is punished as a category A or B felony depending on the circumstances of the case.

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Legal References