NRS § 201.300 – Nevada “Sex Trafficking” Laws

Nevada Revised Statute § 201.300 prohibits sex trafficking, which is causing or forcing a person to be a prostitute. Prostitution is the trading of sexual favors for money or something of value.

The Nevada Legislature is prioritizing the fight against sex trafficking, especially when children are involved. Scroll down to learn more about the law, defenses, and penalties.

Elements of Sex Trafficking

For you to be convicted of sex trafficking in Nevada, prosecutors have to prove beyond a reasonable doubt that you took one of the following three actions:

1. Used threats, force or fraud to induce, cause or compel a person to engage in prostitution or enter a brothel.
   • An example would be threatening to kill the victim’s family unless the victim agrees to be a prostitute; OR
2. Induced, recruited or transported a person while knowing (or having reason to know) that threats, violence or fraud will be used to cause that person to engage in prostitution or enter a brothel.
   • An example would be a taxi driver driving a woman to a hotel after he overhears someone screaming at her over her cell phone to get “at least three johns” that night “or else”; OR
3. Induced, recruited, or transported a child under 18 to engage in prostitution or to enter a brothel.
   • A simple example would be a pimp enticing a minor to become of his prostitutes.¹

When Minors are Involved

Nevada law has different standards for sex trafficking adults versus children under 18 years old: You may be convicted of sex trafficking a child even if you do not use physical force or threats on the victim.

Note that if an underage sex trafficking victim is charged as an adult for themself committing sex trafficking (or facilitating sex trafficking), there is a rebuttable presumption that the child acted under duress.²

Taking or detaining a person with the intent to force them to get married is also sex trafficking.³ This type of sex trafficking is especially relevant to Las Vegas, where there is no mandatory waiting period to get married.

Sex Trafficking v. Human Trafficking

Sex trafficking is a separate crime from human trafficking in Nevada. Human trafficking is transporting a person into Nevada for financial gain or for illegal purposes such as forced labor.⁴

The Prosecutors

Nevada sex trafficking cases may be prosecuted by either the:

• County district attorney or
• Nevada Attorney General.

The Nevada Attorney General’s “Office of Advocate for Missing or Exploited Children” has jurisdiction to investigate and prosecute sex trafficking crimes involving minors.

Evidence

Law enforcement is permitted to wiretap sex trafficking suspects in compliance with the law. This means police are usually required to get a court order to wiretap you unless it is an emergency situation. These wiretaps may then be able to come in as evidence if there is a trial.⁵

Also, Nevada law now permits the introduction of expert testimony regarding the “prostitution subculture.” This means that the prosecutor can attempt to explain otherwise innocuous actions by having an “expert” testify regarding:

• The dynamics of, and the manipulation and psychological control measures used in, the relationship between a prostitute and a person who engages in pandering or sex trafficking in violation of NRS 201.300; and
• The normal behavior and language used in the prostitution subculture.⁶

Conspiracy Charges

Sex trafficking is an entirely separate crime from “conspiracy to sex traffic.” Like it sounds, this crime occurs when two or more people scheme to carrying out a sex trafficking operation.⁷

Example: Bret and Tim plan to trick a woman they know into working for them as a housekeeper. They communicate with her about wages and job requirements, and they buy her train ticket into Las Vegas. All the while they are planning to lock her in their basement and force her to be a prostitute.

Bret and Tim may be convicted of conspiracy to sex traffic even if their plan never materializes. If Bret and Tim had forced the woman into prostitution, they could be convicted of both conspiracy to commit sex trafficking and the crime of sex trafficking.

Facilitating Sex Trafficking

The Nevada crime of facilitating sex trafficking is separate from sex trafficking. It is when you commit either of the following three acts:

1. Facilitate, arrange, provide or pay for the transportation of a person to or within Nevada with the intent of inducing that person to engage in:
   • unlawful sexual conduct or
   • prostitution or,
   • if that person is a child, certain acts relating to pornography involving minors; OR
2. Sell travel services that facilitate the travel of another person to Nevada with the knowledge that the other person is traveling to Nevada for the purpose of:
   • engaging in sexual conduct with a victim of sex trafficking,
   • soliciting a child who is a victim of sex trafficking or
   • engaging in certain acts relating to pornography involving minors; OR
3. Travel to or within Nevada by any means with the intent of engaging in sexual conduct with a victim of sex trafficking with the knowledge that the victim has been induced to engage in:
   • sexual conduct or
   • prostitution or
   • engaging in certain acts relating to pornography involving minors.⁸

Federal Law

Federal law prohibits recruiting children under 18 by force, fraud or coercion for the purpose of prostitution.⁹ Note that a person may be prosecuted and convicted on both Nevada state and federal sex trafficking laws for the same case.

Federal sex trafficking cases that take place in Nevada are handled in either one of two courthouses:

1. The George Federal Courthouse in Las Vegas or
2. The Thompson Federal Courthouse in Reno.

Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with sex crimes such as sex trafficking. In our experience, the following two defenses have proven very effective with prosecutors, judges, and juries:

• You had no knowledge of the trafficking. If you did not know force or threats were used to induce adult victims into prostitution, you are not criminally liable under NRS 201.300. For instance, a driver paid to transport a victim commits no crime as long as they do not know the victim will be forced into prostitution at the destination. However, a driver paid to transport the victim to a brothel might be held liable since the driver could then reasonably deduce that the victim will be pimped as a prostitute.
• The police performed an illegal search or seizure. Courts can dismiss sex trafficking cases solely because of mistakes the police make. If the police commit an illegal search and seizure, we can file a motion to suppress asking the court to disregard any evidence seized from the illegal search. If the court complies, the prosecution may have to drop the charges for lack of proof.

Note that it is not a defense that the victim consented to the trafficking. Nor is it a defense that you did not know the victim’s true age.¹⁰

Penalties

The punishment for the Nevada crime of sex trafficking depends on the age of the victim when the offense occurred, as the following table shows.¹¹

Age of the Victim	Nevada Sex Trafficking Sentence
18 or older	Category B felony:  3 to 10 years in Nevada State Prison and up to $10,000
16 or 17	Category A felony:  Life in prison (with the possibility of parole after 5 years) and up to $10,000
14 or 15	Category A felony:  Life in prison (with the possibility of parole after 10 years) and up to $10,000
13 or younger	Category A felony:  Life in prison (with the possibility of parole after 15 years) and up to $20,000

Nevada courts may impose an extra fine of up to $500,000 in either or both of the following situations:

• You used physical force or violence (or the threat of such force) on the child victim, and/or
• You were involved in a conspiracy to commit sex trafficking of a child.¹²

Restitution

In addition to prison and fines, the court may order you to pay victim restitution. This includes:

• The cost of medical and psychological treatment for the victim;
• The cost of transportation, temporary housing, relocation, repatriation, and/or childcare for the victim; and/or
• The cost of lost or damaged property of the victim.

Note that sex trafficking victims who return to their home country are still eligible to receive restitution. Their surviving children may receive restitution money as well.¹³

Sex Offender Registration

If you are convicted of sex trafficking in Nevada, you typically must register as a Tier II offender for 25 years. Learn more about Sex Registry Laws.¹⁴

Probation and Suspended Sentences

If you are convicted of sex trafficking adults, you might be eligible for probation and a suspended sentence instead of prison. If the victim was a child, then you may not receive probation or a suspended sentence instead of prison.¹⁵

Conspiracy to Commit Sex Trafficking

The punishment for conspiracy to commit sex trafficking in Nevada is a category B felony in Nevada. The sentence carries one to six years in Nevada State Prison.¹⁶

Facilitating Sex Trafficking

Facilitating sex trafficking is also a category B felony in Nevada. The penalties turn on the victim’s age.

• If the victim is 18 or older, the sentence is one to six years in prison; or
• If the victim is younger than 18, the sentence is three to 10 years in prison.¹⁷

Federal Penalties

Federal courts may impose 15 years to life in Federal Prison upon a conviction of sex trafficking.¹⁸ If you are convicted on both Nevada state and federal sex trafficking charges, you would serve the sentences consecutively (one after the other).

Civil Lawsuits

If you are suspected of sex trafficking, you also face civil lawsuits by your alleged victims. The court may order you to pay:

• Actual damages,
• Compensatory damages,
• Punitive damages,
• Attorney’s fees and costs, and
• Any other relief the court deems appropriate.

If the court finds that you acted willfully and maliciously, the court may award “treble” damages. This is three times the amount of the actual and compensatory damages.¹⁹

Sex Trafficking Victims

Victims of sex trafficking who have been convicted of prostitution or other crimes may be able to get their convictions sealed (as long as they are not “crimes of violence”).²⁰

Additional Resources

If you are a victim, you can find help here:

• Polaris – operates the National Human Trafficking Hotline and provides comprehensive support services.
• International Justice Mission (IJM) – works globally to combat trafficking through rescue operations and legal advocacy.
• Coalition to Abolish Slavery and Trafficking (CAST) – provides comprehensive social and legal services to survivors in the United States.
• Love146 – focuses on prevention education and survivor care, particularly for children and youth.
• A21 – operates globally to combat trafficking through awareness, intervention, and aftercare programs.

Also, see our related articles on pandering (NRS 201.300(1)) and pimping (NRS 201.320).

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Legal References