AB209 - Provides immunity from criminal liability for engaging in prostitution or solicitation for prostitution. (BDR 15-781)

- 83rd Session (2025) Assembly Bill No. 209–Assemblymember Orentlicher CHAPTER.......... AN ACT relating to crimes; providing immunity from criminal liability for engaging in prostitution or solicitation for prostitution under certain circumstances; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires a peace officer who detains, arrests or issues a citation to a prostitute for a violation of the prohibition against unlawfully engaging in prostitution or solicitation for prostitution to provide information relating to certain assistance for which the prostitute might be eligible. Existing law also requires a prosecuting attorney to dismiss the charge against a prostitute for such a violation if the prosecuting attorney has reason to believe that the prostitute is a victim of sex trafficking. (NRS 201.353) Section 2 of this bill declares that it is the public policy of this State to encourage the ability of victims of serious violent crimes to report such crimes and to participate in the criminal justice system without fear of criminal prosecution for engaging in prostitution or solicitation for prostitution. Section 3 of this bill provides that a prostitute who engages in prostitution or solicitation for prostitution is immune from criminal liability if the prostitute seeks medical assistance from a 911 emergency service or medical provider and the evidence for the alleged violation was obtained as a result thereof. Section 4 of this bill applies the definitions in existing law relating to prostitution to sections 2 and 3. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 201 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act. Sec. 2. The Legislature hereby declares that the public policy of this State is to encourage victims of serious violent crimes to report such crimes and to participate in the criminal justice system. Those persons who are working in sex industries that are criminalized by state law often do not report serious crimes committed against themselves because of fear of arrest and prosecution for sex work. Providing immunity from criminal liability to prostitutes engaging in prostitution or solicitation for prostitution ensures that victims of serious violent crimes that occur during prostitution offenses may come forward to report the perpetrators without fear of arrest and prosecution. Sec. 3. Notwithstanding any other provision of law, a prostitute is immune from criminal liability for committing a – 2 – - 83rd Session (2025) violation of NRS 201.353 or paragraph (b) of subsection 1 of NRS 207.030 if: 1. The prostitute seeks medical assistance from a 911 emergency service or medical provider; and 2. The evidence for the alleged violation was obtained as a result of: (a) The prostitute seeking medical assistance; (b) The immediate need for medical assistance; or (c) The reporting of a need for medical assistance. Sec. 4. NRS 201.295 is hereby amended to read as follows: 201.295 As used in NRS 201.295 to 201.440, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires: 1. “Adult” means a person 18 years of age or older. 2. “Child” means a person less than 18 years of age. 3. “Induce” means to persuade, encourage, inveigle or entice. 4. “Prostitute” means a male or female person who for a fee, monetary consideration or other thing of value engages in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person. 5. “Prostitution” means engaging in sexual conduct with another person in return for a fee, monetary consideration or other thing of value. 6. “Sexual conduct” means any of the acts enumerated in subsection 4. 7. “Transports” means to transport or cause to be transported, by any means of conveyance, into, through or across this State, or to aid or assist in obtaining such transportation. Sec. 5. The amendatory provisions of this act apply to any offense committed on or after October 1, 2025. 20 ~~~~~ 25