Existing law prohibits a customer from engaging in prostitution or solicitation for prostitution except in a licensed house of prostitution. Existing law provides that a customer who violates such a prohibition: (1) for a first offense that involves an adult, is guilty of a misdemeanor, punishable by imprisonment in the county jail for not more than 6 months and by a fine of not less than $400 but not more than $1,000; (2) for a subsequent offense that involves an adult, is guilty of a gross misdemeanor, punishable by imprisonment in the county jail for not more than 364 days and by certain minimum fines; and (3) for any offense, is subject to a civil penalty of not less than $200 per offense. Additionally, existing law provides for the automatic sealing of records if a person is discharged and the proceedings against the person are dismissed upon the fulfillment of the terms and conditions of a court-ordered program for the treatment of persons who solicit prostitution. (NRS 201.354) Section 1 of this bill: (1) requires a peace officer to arrest a person if the peace officer has probable cause to believe that the person has violated such a prohibition; (2) increases the minimum fine for a first offense to not less than $800; (3) increases the civil penalty for any offense to $600; and (4) authorizes a person to petition the court 2 years after the person is discharged and the proceedings against the person are dismissed for the sealing of all records relating to the discharge and dismissal. Existing law generally provides that when a person suffers an injury as the proximate result of a wrongful act, the person who caused the injury is liable to the person injured for damages. (NRS 41.130) In general, existing law requires a civil action to recover damages for injuries arising from the wrongful act of another person to be commenced within 2 years after the date on which the wrongful act occurred. (NRS 11.190) Existing law exempts certain civil actions from this requirement, including a civil action to recover damages for sexual exploitation, if the sexual exploitation occurred when the plaintiff was less than 18 years of age. For purposes of this exemption, existing law defines sexual exploitation to include forcing, allowing or encouraging a child to solicit for or engage in prostitution. Therefore, under existing law, a civil action to recover damages for prostitution or solicitation for prostitution may be commenced at any time, if the prostitution or solicitation for prostitution occurred when the plaintiff was less than 18 years of age. (NRS 11.215, 432B.110) Section 1.6 of this bill specifically authorizes a person who has suffered an injury as the proximate result of unlawful prostitution or solicitation for prostitution to bring a civil action to recover damages for injuries arising from the prostitution or solicitation for prostitution against the person convicted of the offense. Section 1.4 of this bill exempts a civil action brought pursuant to section 1.2 from the generally applicable 2-year statute of limitations prescribed by existing law. Section 1.2 of this bill provides that a civil action brought pursuant to section 1.6 must be commenced within 20 years after the date on which the violation occurred, unless an exception applies. Section 1.4 exempts a civil action to recover damages for injuries arising from unlawful prostitution or solicitation for prostitution from the 20-year statute of limitations prescribed by section 1.2 if the prostitution or solicitation for prostitution occurred when the plaintiff was less than 18 years of age. Consistent with existing law, any such civil action may be commenced at any time. (NRS 11.215, 432B.110)

Statutes affected:
As Introduced: 201.354
Reprint 1: 201.354, 11.190
BDR: 201.354