AB299 - Revises provisions relating to prostitution. (BDR 15-1080)

(Reprinted with amendments adopted on April 18, 2025) FIRST REPRINT A.B. 299 - *AB299_R1* ASSEMBLY BILL NO. 299–ASSEMBLYMEMBER MARZOLA FEBRUARY 27, 2025 ____________ JOINT SPONSOR: SENATOR CANNIZZARO ____________ 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. ~ 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 prostitution; 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 less 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 for the treatment of persons who solicit prostitution. 12 (NRS 201.354) 13 – 2 – - *AB299_R1* 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 dismissed 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 at 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 limitations 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 limitations 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 soliciting for 7 prostitution: 8 (a) A child; 9 (b) A peace officer who is posing as a child; or 10 – 3 – - *AB299_R1* (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 attorney 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 community 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 guilty 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 subsequent 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 – 4 – - *AB299_R1* (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 5.055 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 subsection 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 penalties 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 answer 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, the [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 – 5 – - *AB299_R1* 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 officer 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 specific 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 States, 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, wares 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 should 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 – 6 – - *AB299_R1* (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 [Text truncated for display. Full text available on LegiScan.]