Revises provisions relating to prostitution. (BDR 15-1080)

(Reprinted with amendments adopted on April 18, 2025)
FIRST REPRINT A.B. 299

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ASSEMBLY BILL NO. 299–ASSEMBLYMEMBER MARZOLA

FEBRUARY 27, 2025
____________

JOINT SPONSOR: SENATOR CANNIZZARO
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Referred to Committee on Judiciary

SUMMARY—Revises provisions relating to prostitution.
(BDR 15-1080)

FISCAL NOTE: Effect on Local Government: Increases or Newly
Provides for Term of Imprisonment in County or City
Jail or Detention Facility.
Effect on the State: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to crimes; increasing the penalties for a customer
who unlawfully engages in prostitution or solicitation
therefor; requiring a peace officer to make an arrest with
or without a warrant under certain circumstances; revising
requirements for the automatic sealing of records in
certain circumstances; revising provisions relating to
certain civil actions involving prostitution and solicitation
for prostituti on; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law prohibits a customer from engaging in prostitution or solicitation 1
for prostitution except in a licensed house of prostitution. Existing law provides that 2
a customer who violates such a prohibition: (1) for a first offense that involves an 3
adult, is guilty of a misdemeanor, punishable by imprisonment in the county jail for 4
not more than 6 months and by a fine of not less than $400 but not more than 5
$1,000; (2) for a subsequent offense that involves an adult, is guilty of a gross 6
misdemeanor, punishable by imprisonment in the county jail for not more than 364 7
days and by certain minimum fines; and (3) for any offense, is subject to a civil 8
penalty of not les s than $200 per offense. Additionally, existing law provides for 9
the automatic sealing of records if a person is discharged and the proceedings 10
against the person are dismissed upon the fulfillment of the terms and conditions 11
of a court -ordered program fo r the treatment of persons who solicit prostitution. 12
(NRS 201.354) 13

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Section 1 of this bill: (1) requires a peace officer to arrest a person if the peace 14
officer has probable cause to believe that the person has violated such a prohibition; 15
(2) increases the minimum fine for a first offense to not less than $800; (3) 16
increases the civil penalty for any offense to $600; and (4) authorizes a person to 17
petition the court 2 years after the person is discharged and the proceedings against 18
the person are dismiss ed for the sealing of all records relating to the discharge and 19
dismissal. 20
Existing law generally provides that when a person suffers an injury as the 21
proximate result of a wrongful act, the person who caused the injury is liable to the 22
person injured for damages. (NRS 41.130) In general, existing law requires a civil 23
action to recover damages for injuries arising from the wrongful act of another 24
person to be commenced within 2 years after the date on which the wrongful act 25
occurred. (NRS 11.190) Existing law exempts certain civil actions from this 26
requirement, including a civil action to recover damages for sexual exploitation, if 27
the sexual exploitation occurred when the plaintiff was less than 18 years of age. 28
For purposes of this exemption, existing law defines sexual exploitation to include 29
forcing, allowing or encouraging a child to solicit for or engage in prostitution. 30
Therefore, under existing law, a civil action to recover damages for prostitution or 31
solicitation for prostitution may be commenced a t any time, if the prostitution or 32
solicitation for prostitution occurred when the plaintiff was less than 18 years of 33
age. (NRS 11.215, 432B.110) 34
Section 1. 6 of this bill specifically authorizes a person who has suffered an 35
injury as the proximate result of unlawful prostitution or solicitation for prostitution 36
to bring a civil action to recover damages for injuries arising from the prostitution 37
or solicitation for prostitution against the person convicted of the offense . Section 38
1.4 of this bill exempts a civil action brought pursuant to section 1.2 from the 39
generally applicable 2 -year statute of limitation s prescribed by existing law. 40
Section 1.2 of this bill provides that a civil action brought pursuant to section 1.6 41
must be commenced within 20 years after the date on which the violation occurred, 42
unless an exception applies. Section 1.4 exempts a civil action to recover damages 43
for injuries arising from unlawful prostitution or solicitation for prostitution from 44
the 20 -year statute of limitation s prescribed by section 1.2 if the prostitution or 45
solicitation for prostitution occurred when the plaintiff was less than 18 years of 46
age. Consistent with existing law, any such civil action may be commenced at any 47
time. (NRS 11.215, 432B.110) 48

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 201.354 is hereby amended to read as follows: 1
201.354 1. It is unlawful for a customer to engage in 2
prostitution or solicitation therefor, except in a licensed house of 3
prostitution. Whether or not a warrant has been issued, a peace 4
officer shall arrest a person if the peace officer has probable cause 5
to believe that the person to be arrested has violated this section. 6
2. Any person who violates subsection 1 by soliciti ng for 7
prostitution: 8
(a) A child; 9
(b) A peace officer who is posing as a child; or 10

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(c) A person who is assisting in an investigation on behalf of a 1
peace officer by posing as a child, 2
 is guilty of soliciting a child for prostitution. 3
3. Except as otherwise provided in subsection 5, a person who 4
violates this section: 5
(a) For a first offense, is guilty of a misdemeanor and shall be 6
punished as provided in NRS 193.150, and by a fine of not less than 7
[$400.] $800. 8
(b) For a second offense, is guilty of a gross misdemeanor and 9
shall be punished as provided in NRS 193.140, and by a fine of not 10
less than $800. 11
(c) For a third or subsequent offense, is guilty of a gross 12
misdemeanor and shall be punished as provided in NRS 193.140, 13
and by a fine of not less than $1,300. 14
4. In addition to any other penalty imposed, the court shall 15
order a person who violates subsection 1 to pay a civil penalty of not 16
less than [$200] $600 per offense. The civil penalty must be paid to 17
the district attorney or city attorne y of the jurisdiction in which the 18
violation occurred. If the civil penalty imposed pursuant to this 19
subsection: 20
(a) Is not within the person’s present ability to pay, in lieu of 21
paying the penalty, the court may allow the person to perform 22
community service for a reasonable number of hours, the value of 23
which would be commensurate with the civil penalty. 24
(b) Is not entirely within the person’s present ability to pay, in 25
lieu of paying the entire civil penalty, the court may allow the 26
person to perform co mmunity service for a reasonable number of 27
hours, the value of which would be commensurate with the amount 28
of the reduction of the civil penalty. 29
5. A person who violates this section by soliciting a child for 30
prostitution: 31
(a) For a first offense, is g uilty of a category D felony and shall 32
be punished as provided in NRS 193.130, and by a fine of not more 33
than $5,000. 34
(b) For a second offense, is guilty of a category C felony and 35
shall be punished as provided in NRS 193.130. 36
(c) For a third or subseque nt offense, is guilty of a category B 37
felony and shall be punished by imprisonment in the state prison for 38
a minimum term of not less than 1 year and maximum term of not 39
more than 6 years, and may be further punished by a fine of not 40
more than $15,000. The court shall not grant probation to or suspend 41
the sentence of a person punished pursuant to this paragraph. 42
6. Any civil penalty collected by a district attorney or city 43
attorney pursuant to subsection 4 must be deposited in the county or 44
city treasury, as applicable, to be used for: 45

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(a) The enforcement of this section; and 1
(b) Programs of treatment for persons who solicit prostitution 2
which are certified by the Division of Public and Behavioral Health 3
of the Department of Health and Human Services. 4
 Not less than 50 percent of the money deposited in the county or 5
city treasury, as applicable, pursuant to this subsection must be used 6
for the enforcement of this section. 7
7. If a person who violates subsection 1 is ordered pursuant to 8
NRS 4.373 or 5.0 55 to participate in a program for the treatment of 9
persons who solicit prostitution, upon fulfillment of the terms and 10
conditions of the program, the court may discharge the person and 11
dismiss the proceedings against the person. If the court discharges 12
the person and dismisses the proceedings against the person, a 13
nonpublic record of the discharge and dismissal must be transmitted 14
to and retained by the Division of Parole and Probation of the 15
Department of Public Safety solely for the use of the courts in 16
determining whether, in later proceedings, the person qualifies 17
under this section for participation in a program of treatment for 18
persons who solicit prostitution. Except as otherwise provided in 19
this subsection, discharge and dismissal under this subsect ion is 20
without adjudication of guilt and is not a conviction for purposes of 21
employment, civil rights or any statute or regulation or license or 22
questionnaire or for any other public or private purpose, but is a 23
conviction for the purpose of additional pen alties imposed for a 24
second or subsequent conviction or the setting of bail. Discharge 25
and dismissal restores the person discharged, in the contemplation 26
of the law, to the status occupied before the proceedings. The person 27
may not be held thereafter under any law to be guilty of perjury or 28
otherwise giving a false statement by reason of failure to recite or 29
acknowledge the proceedings in response to an inquiry made of the 30
person for any purpose. Discharge and dismissal under this 31
subsection may occur only once with respect to any person. A 32
professional licensing board may consider a proceeding under this 33
subsection in determining suitability for a license or liability to 34
discipline for misconduct. Such a board is entitled for those 35
purposes to a truthful an swer from the applicant or licensee 36
concerning any such proceeding with respect to the applicant or 37
licensee. 38
8. Except as limited by subsection 9, if a person is discharged 39
and the proceedings against the person are dismissed pursuant to 40
subsection 7, t he [court shall, without a hearing, ] person may 41
petition the court for the sealing of all records relating to the 42
discharge and dismissal 2 years after the date of the dismissal. The 43
court may order sealed all documents, papers and exhibits in that 44
person’s record, minute book entries and entries on dockets, and 45

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other documents relating to the case in the custody of such other 1
agencies and officers as are named in the court’s order. The court 2
shall cause a copy of the order to be sent to each agency or offi cer 3
named in the order. Each such agency or officer shall notify the 4
court in writing of its compliance with the order. 5
9. A professional licensing board is entitled, for the purpose of 6
determining suitability for a license or liability to discipline for 7
misconduct, to inspect and to copy from a record sealed pursuant to 8
this section. 9
Sec. 1.2. Chapter 11 of NRS is hereby amended by adding 10
thereto a new section to read as follows: 11
Except as otherwise provided in NRS 11.215, an action to 12
recover damages pursuant to section 1.6 of this act must be 13
commenced within 20 years after the date on which the 14
prostitution or solicitation for prostitution in violation of NRS 15
201.354 occurred. 16
Sec. 1.4. NRS 11.190 is hereby amended to read as follows: 17
11.190 Except as otherwise provided in NRS 40.4639, 18
125B.050 and 217.007, actions other than those for the recovery of 19
real property, unless further limited by s pecific statute, may only be 20
commenced as follows: 21
1. Within 6 years: 22
(a) Except as otherwise provided in NRS 62B.420 and 176.275, 23
an action upon a judgment or decree of any court of the United 24
States, or of any state or territory within the United Stat es, or the 25
renewal thereof. 26
(b) An action upon a contract, obligation or liability founded 27
upon an instrument in writing, except those mentioned in the 28
preceding sections of this chapter. 29
2. Within 4 years: 30
(a) An action on an open account for goods, w ares and 31
merchandise sold and delivered. 32
(b) An action for any article charged on an account in a store. 33
(c) An action upon a contract, obligation or liability not founded 34
upon an instrument in writing. 35
(d) Except as otherwise provided in NRS 11.245, an action 36
against a person alleged to have committed a deceptive trade 37
practice in violation of NRS 598.0903 to 598.0999, inclusive, but 38
the cause of action shall be deemed to accrue when the aggrieved 39
party discovers, or by the exercise of due diligence sho uld have 40
discovered, the facts constituting the deceptive trade practice. 41
3. Within 3 years: 42
(a) An action upon a liability created by statute, other than a 43
penalty or forfeiture. 44

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(b) An action for waste or trespass of real property, but when the 1
waste or trespass is committed by means of underground works 2
upon any mining claim, the cause of action shall be deemed to 3
accrue upon the discovery by the aggrieved party of the facts 4
constituting the waste or trespass. 5
(c) An action for taking, detaining or injuring personal property, 6
including actions for specific recovery thereof, but in all cases 7
where the subject of the action is a domestic animal usually included 8
in the term “livestock,” which has a recorded mark or brand upon it 9
at the time of its loss, and which strays or is stolen from the true 10
owner without the owner’s fault, the statute does not begin to run 11
against an action for the recovery of the animal until the owner has 12
actual knowledge of such facts as would put a reasonable person 13
upon inquiry as to the possession thereof by the defendant. 14
(d) Except as otherwise provided in NRS 112.230 and 166.170, 15
an action for relief on the ground of fraud or mistake, but the cause 16
of action in such a case shall be deemed to accrue upon the 17
discovery by th e aggrieved party of the facts constituting the fraud 18
or mistake. 19
(e) An action pursuant to NRS 40.750 for damages sustained by 20
a financial institution or other lender because of its reliance on 21
certain fraudulent conduct of a borrower, but the cause of a ction in 22
such a case shall be deemed to accrue upon the discovery by the 23
financial institution or other lender of the facts constituting the 24
concealment or false statement. 25
(f) An action pursuant to NRS 41.1335, but the cause of action 26
shall be deemed to accrue upon the discovery by the aggrieved party 27
of the facts constituting fertility fraud or of any medical or genetic 28
disorder which results from the human reproductive material 29
implanted in, used on or provided to a patient in violation of NRS 30
200.975, whichever occurs later. 31
4. Within 2 years: 32
(a) An action against a sheriff, coroner or constable upon 33
liability incurred by acting in his or her official capacity and in 34
virtue of his or her office, or by the omission of an official duty, 35
including the nonpayment of money collected upon an execution. 36
(b) An action upon a statute for a penalty or forfeiture, where the 37
action is given to a person or the State, or both, except when the 38
statute imposing it prescribes a different limitation. 39
(c) An action f or libel, slander, assault, battery, false 40
imprisonment or seduction. 41
(d) An action against a sheriff or other officer for the escape of a 42
prisoner arrested or imprisoned on civil process. 43
(e) Except as otherwise provided in NRS 11.215 or 11.217, or 44
section 1.2 of this act, an action to recover damages for injuries to a 45

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person or for the death of a person caused by the wrongful act or 1
neglect of another. The provisions of this paragraph relating to an 2
action to recover damages for injuries to a person app ly only to 3
causes of action which accrue after March 20, 1951. 4
(f) An action to recover damages under NRS 41.740. 5
5. Within 1 year: 6
(a) An action against an officer, or officer de facto to recover 7
goods, wares, merchandise or other property seized by t he officer in 8
his or her official capacity, as tax collector, or to recover the price or 9
value of goods, wares, merchandise or other personal property so 10
seized, or for damages for the seizure, detention or sale of, or injury 11
to, goods, wares, merchandise or other personal property seized, or 12
for damages done to any person or property in making the seizure. 13
(b) An action against an officer, or officer de facto for money 14
paid to the officer under protest, or seized by the officer in his or her 15
official capacity, as a collector of taxes, and which, it is claimed, 16
ought to be refunded. 17
Sec. 1.6. Chapter 41 of NRS is hereby amended by adding 18
thereto a new section to read as follows: 19
In addition to any other remedy provided by law, a person who 20
has suffered an injury as the proximate result of a violation of 21
NRS 201.354 may bring an action for the recovery of the person’s 22
actual damages and any punitive damages which the facts may 23
warrant against the person convicted of the offense. 24
Sec. 1.8. The amendatory provisions of sections 1.2, 1.4 and 25
1.6 of this act apply to a cause of action that accrues on or after 26
July 1, 2025. 27
Sec. 2. This act becomes effective on July 1, 2025. 28

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