NRS 201: Crimes Against Public Decency in Nevada

Nevada Revised Statutes Chapter 201, titled Crimes Against Public Decency and Good Morals, groups together a wide set of offenses that share little beyond the label: failure to pay child support, bigamy, incest, indecent exposure, lewdness with a child, luring, distribution of obscene material to minors, prostitution and solicitation, pandering, and sex trafficking. Penalties under the chapter run from a $400 minimum fine on a first prostitution offense to life in prison without parole for repeat child sex offenders, and several convictions trigger mandatory sex offender registration for 15 years, 25 years, or life.

Failure to Pay Court-Ordered Support

NRS 201.020 makes it a crime to knowingly fail to pay court-ordered support for a spouse, former spouse, or minor child. It also reaches adult children who cannot support themselves because of a disability that began before age 18.¹ The word “knowingly” does real work. A parent who cannot pay because of job loss is in a different position than one who can pay and refuses.

A first offense is a misdemeanor: up to 6 months in county jail, a fine of up to $1,000, or both.² It becomes a Category C felony, punishable by 1 to 5 years in state prison and an optional $10,000 fine, in either of two situations: the unpaid balance has reached $10,000 or more at any point since the order was entered, or the defendant has a prior conviction and current arrearages of at least $5,000.³ The case can be filed in the county that issued the order, where the defendant lives, or where the child or supported spouse lives.

If the parent and child live in different states, federal charges are also possible under the Deadbeat Parents Punishment Act, 18 U.S.C. § 228, which reaches willful non-payment lasting more than a year or exceeding $5,000, with penalties up to 2 years in federal prison in aggravated cases and restitution equal to the unpaid balance.⁴

Bigamy

Under NRS 201.160, bigamy is having two spouses at once while knowing the first spouse is still alive. It is a Category D felony carrying 1 to 4 years in prison and an optional fine of up to $5,000. The statute has a specific exception: it does not apply if the first spouse has been continuously absent for at least 5 years before the second marriage and the defendant did not know during that time that the spouse was alive.⁵ The second marriage is void regardless.

Incest

NRS 201.180 makes incest a Category A felony, Nevada’s most serious classification. It covers marriage or sexual contact between people related within the degrees of kinship that Nevada law forbids for marriage, such as parents and children, siblings, and other direct blood relatives. The penalty is a prison term of at least 2 years up to life with the possibility of parole, and an optional fine of up to $10,000.¹ Where a minor is involved, sexual assault charges and sex offender registration typically stack on top.

Open or Gross Lewdness and Indecent Exposure

NRS 201.210 covers open or gross lewdness. NRS 201.220 covers indecent exposure. Both share the same penalty structure. A first offense is a gross misdemeanor with up to 364 days in jail and a fine of up to $2,000.⁶

The charge becomes a Category D felony (1 to 4 years, up to $5,000 fine) in three situations: a repeat conviction for the same offense; the defendant has a prior conviction for any sexual offense as defined in NRS 179D.097; or the defendant is at least 18 and commits the act in the presence of a child under 18 or a vulnerable person.⁷ Indecent exposure focuses on display of private parts offensive to community standards; gross lewdness reaches a wider range of sexual conduct in public view.

Lewdness with a Child

NRS 201.230 is where penalties in the chapter jump sharply. It criminalizes lewd acts against children under 16 and sorts them by age.

When the victim is under 14, the offense is a Category A felony punishable by life in prison with parole eligibility after 10 years, plus an optional $10,000 fine.⁸ When the victim is 14 or 15, it drops to a Category B felony with a prison term of 1 to 10 years and the same fine ceiling.

A defendant with any prior conviction for lewdness with a child or another sexual offense against a child who commits this crime again faces a Category A felony punishable by life without the possibility of parole.¹ Offenders under 18 who commit lewdness against a child under 14 are handled in the juvenile system. A conviction generally triggers Tier III sex offender registration, which is for life.

Luring a Child

NRS 201.560 targets adults who contact or try to contact a child under 16 (who is at least 5 years younger than the offender) with intent to lure the child away from home or a known location without parental consent. It also covers luring a person with a mental illness.⁹

When the contact is made through a computer or electronic network and the defendant’s intent is sexual, the offense is a Category B felony carrying 1 to 10 years in prison and a potential $10,000 fine. Sending material harmful to minors through electronic communications falls within the statute. A felony luring conviction against a child is a Tier II sex offender registration offense.¹⁰

Obscene Material and Minors

NRS 201.235 through NRS 201.265 restrict distribution and display of obscene material, with the strictest rules aimed at keeping “harmful to minors” content away from children. NRS 201.257 defines that phrase using a three-part test: predominant appeal to a minor’s prurient interest, patent offensiveness under adult community standards for material suitable for minors, and lack of serious literary, artistic, political, or scientific value.¹¹

Under NRS 201.265, it is a misdemeanor to knowingly distribute harmful material to a minor, display it where minors can see it, or sell a minor admission to a presentation of harmful material. Parents, guardians, and spouses of the minor are exempt.¹² Separately, NRS 201.249 makes it a misdemeanor to knowingly produce, distribute, sell, or possess with intent to distribute obscene material to adults.

Prostitution and Solicitation

Nevada is unusual in permitting licensed brothels in some counties, but NRS 244.345 bars any county with a population of 700,000 or more from licensing prostitution.¹³ That threshold rules out legal brothels in Clark County (Las Vegas) and Washoe County (Reno). Outside a licensed brothel, prostitution and solicitation are crimes under NRS 201.354.¹⁴

Fines escalate with each conviction:

First offense: misdemeanor, mandatory minimum fine of $400 and up to 6 months in jail.
Second offense: gross misdemeanor, mandatory minimum fine of $800.
Third or subsequent offense: gross misdemeanor, mandatory minimum fine of $1,300.

Solicitation of a child is treated far more harshly. A second such offense is a Category C felony (1 to 5 years). A third is a Category B felony carrying 1 to 6 years, a potential $15,000 fine, and no probation.¹

Pandering and Sex Trafficking

NRS 201.300 separates pandering from sex trafficking and punishes them very differently. Pandering, which is inducing an adult to work as a prostitute without force, is a Category C felony: 1 to 5 years in prison and an optional $10,000 fine.¹⁵

Sex trafficking involves force, threats, fraud, or coercion. Trafficking an adult is a Category B felony with 3 to 10 years in prison and up to a $10,000 fine. Trafficking a child is a Category A felony, and the minimum time before parole eligibility depends on the child’s age:

Under 14: life with parole eligibility after 15 years, plus a potential fine up to $20,000.
14 or 15: life with parole eligibility after 10 years, plus up to $10,000.
16 or 17: life with parole eligibility after 5 years, plus up to $10,000.

When the victim is a child and physical force or the threat of force is involved, the court may add a fine of up to $500,000.¹

Living from the Earnings of a Prostitute

NRS 201.320 separately criminalizes knowingly taking money from a prostitute’s earnings without giving something of value in return. With physical force or the threat of force, it is a Category C felony (1 to 5 years, up to $10,000). Without force, it is a Category D felony (1 to 4 years, up to $5,000).¹⁶ The same $500,000 additional fine available in child sex-trafficking cases applies here when the victim is a child and force is used.

Crossing State Lines

If prostitution or trafficking crosses state or international borders, the federal Mann Act, 18 U.S.C. § 2421, adds up to 10 years in federal prison for knowingly transporting someone for prostitution or criminal sexual activity.¹⁷ Federal and Nevada charges can be filed together.

Sex Offender Registration Consequences

Many Chapter 201 convictions require registration under NRS Chapter 179D. Registration runs on three tiers, and the tier is set by the offense and the victim’s age, not by the sentencing judge:

Tier I: 15 years of registration.
Tier II: 25 years. Includes felony luring under NRS 201.560 and sex trafficking under NRS 201.300.
Tier III: life. Includes lewdness against a young child and other serious sexual offenses against children under 13.

Time spent incarcerated or otherwise confined does not count toward these periods.¹⁰ Registration information is publicly accessible and carries residence and employment restrictions. For someone convicted of lewdness with a child under 14 or trafficking a minor, registration is lifelong with no realistic path to removal.

1
Nevada Legislature. Nevada Revised Statutes Chapter 201 – Crimes Against Public Decency and Good Morals
2
Nevada Legislature. Nevada Revised Statutes Chapter 193 – Criminality Generally
3
Nevada Legislature. Nevada Code 201.020 – Penalties; Jurisdiction
4
Office of the Law Revision Counsel. 18 USC 228 – Failure to Pay Legal Child Support Obligations
5
Nevada Legislature. Nevada Code 201.160 – Bigamy: Definition; Penalty
6
Nevada Legislature. Nevada Code 201.210 – Open or Gross Lewdness; Penalty
7
Nevada Legislature. Nevada Code 201.220 – Indecent or Obscene Exposure; Penalty
8
Nevada Legislature. Nevada Code 201.230 – Lewdness with Child Under 16 Years; Penalties
9
Nevada Legislature. Nevada Code 201.560 – Definitions; Exceptions; Penalties
10
Nevada Legislature. Nevada Revised Statutes Chapter 179D – Registration of Sex Offenders and Offenders Convicted of Crimes Against Children
11
Nevada Legislature. Nevada Code 201.257 – Harmful to Minors Defined
12
Nevada Legislature. Nevada Code 201.265 – Unlawful Acts; Penalty
13
Nevada Legislature. Nevada Code 244.345 – Dancing Halls, Escort Services, Entertainment by Referral Services and Gambling Games or Devices; Limitations on Licensing of Houses of Prostitution
14
Nevada Legislature. Nevada Code 201.354 – Unlawful for Customer to Engage in Prostitution or Solicitation for Prostitution Except in Licensed House of Prostitution
15
Nevada Legislature. Nevada Code 201.300 – Pandering and Sex Trafficking: Definitions; Penalties; Exception
16
Nevada Legislature. Nevada Code 201.320 – Living from Earnings of Prostitute; Penalty
17
Office of the Law Revision Counsel. 18 USC 2421 – Transportation Generally