To the delight of civil libertarians and libertarians alike, the Canadian courts have been leading the world in dealing with conflicts between privacy principles and morality legislation. I am serving as an expert in the review of Canadian polygamy laws in British Columbia. In the meantime, the Ontario Superior Court may allow three prostitution laws to die this Saturday.
In September, the Court struck down the laws. The federal government is charging that this is nothing short of a “social experiment unprecedented in this country.” However, it is also a frank acknowledgment that consenting adults came engage in sex for money as a consensual choice. Currently, an individual can have sex with any number of partners but can be arrested if they accept anything of value in exchange for sex. They can receive gifts as part of a “relationship” no matter how fleeting but not as payment.
The Court previously noted that criminal laws force prostitutes in the shadows where they are easy prey for abuse and even homicides. Once legal, protections and regulations can apply to the world’s oldest profession. With the demise of the laws, street walking will be legal.
Source: Star
Jonathan Turley
Kay Parody: BIL, please find for me regulations that prevent businesses from hiring mentally disabled people to clean toilets, and please show me the regulations that demand they insure the health of these poor subjugated souls. Because cleaning toilets all day is a degrading and unhealthy job, don’t you think? I mean scrubbing up somebody else’s errant, disease infested shit is dangerous and degrading work, and the mentally incompetent may not realize the slightest scratch can become infected. Plus, the whole job should be outlawed, because in my limited imagination I cannot fathom how anybody gets from cleaning toilets to being happy and successful. Unless they used that income somehow to pay tuition or buy books and CLEP for college credits or something, but nobody cleaning toilets can be that ambitious and besides they are all mentally incompetent, remember?
So BIL please just agree with me that the commercialized toilet cleaning industry must be stopped!! All toilets should be cleaned by the people that messed them up, by law!!
And also BIL please work for me for free.
(This parody is brought to you by the good people at CUYOSA, Clean Up Your Own Shit Asshole, a non-profit all volunteer organization.)
Back to the serious matter:
I found this particular paragraph from Tony C’s latest posting to be most compelling for it appealed to my common sense:
“I don’t think women that want to prostitute themselves should have to worry about whether the police and courts will treat them differently due to their profession. I have three non-family female workers that worked in my home this year: A maid from a service, a pest control technician, and a nurse for a routine life insurance exam. I presume these females all worry about visiting strange men alone in their homes, but should something happen they don’t have to worry that **they** will be arrested and jailed, and don’t have to worry the cop will say, “Ahhh, its just another beat up pest control technician, that’s kind of her job, isn’t it?”
As society attempts to control the abuses that criminals bring to all our other institutions and professions – government, religion, prescription drugs, banking, alcohol, weapons, police, gambling, etc. – why can we not legalize prostitution and impose the same sort of regulations specific to that profession to aid us in controlling the criminal element that now has complete control of the sex industry? Are we too lazy? Are we too stupid?
Blouise,
🙂 (Good morning. Wish I could have taken that ride with you — would love to be transported to another realm, if only for a short time…)
BIL
Because you can’t produce the statute
Canadian Eh!:
Regarding the use of the phrase “mentally retarded:”
It’s still used in the medical community, related to very specific diagnostic criteria. MR is an acronym that is frequently seen in medical documentation, referring generally to “mental retardation”, but sometimes “mentally retarded”, as well.
I’ve don’t like the term, either. In this forum, I typically wouldn’t use it, but lapsed, given that it’s a phrase that I often encounter in my work as a nurse…
Thanks for calling attention to it — it’s a hurtful phrase to many…
anon nurse,
I think Buddha had to sign a non-disclosure agreement when he was hired to help the elves.
I know I saw him there and like any good believer in a myth, I know what I know ’cause I know it!
Regarding the fire at Fleiss’ home:
“The fire allegedly begain in a chimney, which lacked a spark arrestor, “a device that prevents sparks from escaping into other parts of the home.” Firefighters have not officially confirmed Fleiss’ account. But witnesses claim much of the home has been destroyed.”
Hmmmm…. started in the chimney… Santa… I mean “Satan”… punji sticks… Too much coffee, I think.
http://www.usatoday.com/news/topstories/2007-08-11-398857697_x.htm
Today, prostitution is legal in 10 of Nevada’s 17 counties and tolerated in two others.
As Conforte amassed a fortune from his 104-room brothel, he remained in constant trouble with the federal government. A grand jury in Reno found close ties to Reno-Sparks officials in 1976, but there were no indictments.
In 1982, a grand jury in the county where the Mustang Ranch was then located determined that Conforte had unusual influence in the county and implicated the district attorney and the sheriff. Again, no indictments were returned after a 2 1/2-year investigation.
kay,
What part of “I wouldn’t work for you if you were the last employer on Earth” hasn’t registered yet?
Run along now.
BIL
I’ll pay you $500 if you can find a U.S. Statute that authorized the imprisonment of myself — i.e. no criminal charge, no charge of disrupting a courtroom (see Rules of Criminal Procedure Rule 42), no subpoena, no Rule 38 involvement.
http://www.popeater.com/2010/11/27/heidi-fleiss-escapes-nevada-house-fire/ (via aol… not a frequent “popeater” fan myself 🙂 )
And thanks to Buddha and Blouise for adding some levity to this thread. As James M. said, “great imagery”, Buddha.
Can you pay me $500/hr. for doing your work for you?
@Swarthmore: I read the Bob Herberts article you linked. I like that guy. He is one of the few honest journalists left, and this is a depressing scene.
Nevertheless, what Herberts claims always happens with legalized prostitution does not always happen. I have read accounts of women using the Internet to represent themselves without pimps, and using Craigslist (although he has been harassed out of providing that free service) to find their own clients. This is made all the more difficult by being illegal.
We can legalize prostitution with measures that address Herbert’s concerns. For example, we can limit the total percentage of earnings a “manager” can take, anywhere from 0% (outlaw pimping) to say 15%, a typical talent agent’s take for representing an actor or book author or singer.
I think one point of the lawsuit that triggered this thread is that prostitutes in Canada that want to continue in the prostitution trade are prevailing in their attempt to gain better protection and control over their own bodies.
I don’t think women that want to prostitute themselves should have to worry about whether the police and courts will treat them differently due to their profession. I have three non-family female workers that worked in my home this year: A maid from a service, a pest control technician, and a nurse for a routine life insurance exam. I presume these females all worry about visiting strange men alone in their homes, but should something happen they don’t have to worry that **they** will be arrested and jailed, and don’t have to worry the cop will say, “Ahhh, its just another beat up pest control technician, that’s kind of her job, isn’t it?”
Nevada’s brothels may well be oppressing women, I don’t know that. Some of the particular work conditions Herberts mentioned as degrading (being on call 24/7, weeks-long schedules on-site without a break) I have done myself. In the past I have worked over one hundred days in a row without a single day off, while being on call 24/7.
I admit I haven’t been required to kneel under the table, but what is inherently one’s job is not inherently degrading. Actors at Disney dress in costumes and act Goofy; actors on stage feign cowardice or stupidity. That is not degrading. Prostitutes feign lust and subservience or helplessness or sexual aggression because that is the job they chose, satisfying a sexual fantasy with sexual contact.
This is just my opinion, but I think women that want their own sexual encounters driven by affection and mutual respect project their desires on prostitutes, and presume that if *they* were *required* to perform those acts on strangers, then *they* would feel degraded or broken or exploited or enslaved or ashamed at what they have done for money.
I am all for empathy, and this kind of projection is often reasonably close to the truth, but I think it is a very slippery slope to pass laws on how we think others **should** feel. I see law as an engineering problem, a very tough one, and the problem is to increase the safety of citizens without impacting on the rights and freedoms of citizens. That almost seems like a “something for nothing” problem, but it isn’t because we *can* increase the impact on the *criminals* that endanger the safety of prostitutes. To me the solution lies in the realm of laws that make exploitation so costly and risky that such criminals give up on it as a profitable enterprise.
Prostitution should be legal if it is voluntary and reasonably safe and the prostitutes are no more exploited or harassed than workers in any similar job that does not require sexual contact.
I assume and hope that goal is what prostitutes in Canada want realized.
Dear BIL
Can you find the following?:
1.) Restrictions on employing the mentally handicapped as prostitutes in Nevada
2.) Requirements that the prostitutes work limited shifts
3.) Workmens compensation insurance requirements for prostitutes
4.) Medical insurance requirements for prostitutes
BIL,
You gave me a chuckle for the evening — great imagery.
And he’s known to keep an enemies list . . . and checking it twice.
Aye. With that guy, discretion is the better part of valor.
Now if you’ll pardon me, I’m going to put some punji sticks in my fireplace.
Blouise,
In light of what’s happening at Coke plants out of the country, I’m going to remain silent on the issue or organizing the elves. That Santa can’t be trusted not to order a hit. His name is an anagram for Satan after all. 😉
Buddha,
Are you sure you weren’t there? I could have sworn I saw this round, green, wrinkled, jolly guy organizing the elves.
Blouise,
I hope you enjoyed the ride and I’ll have to say you made good time for going so far as the North Pole.
NRS 41.1397: Liability of owner or operator of house of prostitution for employment of prostitute tested positive for exposure to human immunodeficiency virus
An owner of a house of prostitution, the person who operates the house or his agent who employs or continues to employ a prostitute after he knows or should know that the prostitute has tested positive in a test approved by regulation of the State Board of Health for exposure to the human immunodeficiency virus, is liable for any damages caused to a person exposed to the virus as a result of the employment.
NRS 201.295: Definitions
As used in NRS 201.295 to 201.440, inclusive, 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. “Prostitute” means a male or female person who for a fee 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.
4. “Prostitution” means engaging in sexual conduct for a fee.
5. “Sexual conduct” means any of the acts enumerated in subsection 3.
NRS 201.300: Pandering: Definition; penalties; exception
1. A person who:
(a) Induces, persuades, encourages, inveigles, entices or compels a person to become a prostitute or to continue to engage in prostitution;
(b) By threats, violence or by any device or scheme, causes, induces, persuades, encourages, takes, places, harbors, inveigles or entices a person to become an inmate of a house of prostitution or assignation place, or any place where prostitution is practiced, encouraged or allowed;
(c) By threats, violence, or by any device or scheme, by fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, or having legal charge, takes, places, harbors, inveigles, entices, persuades, encourages or procures a person to enter any place within this state in which prostitution is practiced, encouraged or allowed, for the purpose of prostitution;
(d) By promises, threats, violence, or by any device or scheme, by fraud or artifice, by duress of person or goods, or abuse of any position of confidence or authority or having legal charge, takes, places, harbors, inveigles, entices, persuades, encourages or procures a person of previous chaste character to enter any place within this state in which prostitution is practiced, encouraged or allowed, for the purpose of sexual intercourse;
(e) Takes or detains a person with the intent to compel the person by force, threats, menace or duress to marry him or any other person; or
(f) Receives, gives or agrees to receive or give any money or thing of value for procuring or attempting to procure a person to become a prostitute or to come into this state or leave this state for the purpose of prostitution,
is guilty of pandering.
2. A person who is found guilty of pandering:
(a) An adult:
(1) If physical force or the immediate threat of physical force is used upon the adult, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
(2) If no physical force or immediate threat of physical force is used upon the adult, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) A child:
(1) If physical force or the immediate threat of physical force is used upon the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and may be further punished by a fine of not more than $20,000.
(2) If no physical force or immediate threat of physical force is used upon the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and may be further punished by a fine of not more than $10,000.
3. This section does not apply to the customer of a prostitute.
NRS 201.310: Pandering: Placing spouse in brothel; penalties
1. A person who by force, fraud, intimidation or threats, places, or procures any other person to place, his spouse in a house of prostitution or compels his spouse to lead a life of prostitution is guilty of pandering and shall be punished:
(a) Where physical force or the immediate threat of physical force is used upon the spouse, for a category C felony as provided in NRS 193.130.
(b) Where no physical force or immediate threat of physical force is used, for a category D felony as provided in NRS 193.130.
2. Upon the trial of any offense mentioned in this section, either spouse is a competent witness for or against the other spouse, with or without the other’s consent, and may be compelled so to testify.
NRS 201.320: Living from earnings of prostitute; penalty
1. A person who knowingly accepts, receives, levies or appropriates any money or other valuable thing, without consideration, from the proceeds of any prostitute, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. Any such acceptance, receipt, levy or appropriation of money or valuable thing upon any proceedings or trial for violation of this section, is presumptive evidence of lack of consideration.
NRS 201.330: Pandering: Detaining person in brothel because of debt; penalties
1. A person who attempts to detain another person in a disorderly house or house of prostitution because of any debt or debts the other person has contracted or is said to have contracted while living in the house is guilty of pandering.
2. A person who is found guilty of pandering:
(a) An adult:
(1) If physical force or the immediate threat of physical force is used upon the adult, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
(2) If no physical force or immediate threat of physical force is used upon the adult, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) A child:
(1) If physical force or the immediate threat of physical force is used upon the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and may be further punished by a fine of not more than $20,000.
(2) If no physical force or immediate threat of physical force is used upon the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and may be further punished by a fine of not more than $10,000.
NRS 201.340: Pandering: Furnishing transportation; penalties
1. A person who knowingly transports or causes to be transported, by any means of conveyance, into, through or across this state, or who aids or assists in obtaining such transportation for a person with the intent to induce, persuade, encourage, inveigle, entice or compel that person to become a prostitute or to continue to engage in prostitution is guilty of pandering.
2. A person who is found guilty of pandering:
(a) An adult:
(1) If physical force or the immediate threat of physical force is used upon the adult, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
(2) If no physical force or immediate threat of physical force is used upon the adult, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) A child:
(1) If physical force or the immediate threat of physical force is used upon the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and may be further punished by a fine of not more than $20,000.
(2) If no physical force or immediate threat of physical force is used upon the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and may be further punished by a fine of not more than $10,000.
3. A person who violates subsection 1 may be prosecuted, indicted, tried and convicted in any county or city in or through which he transports or attempts to transport the person.
NRS 201.350: Venue for trial of offenses constituting pandering
It shall not be a defense to a prosecution for any of the acts prohibited in NRS 201.300 to 201.340, inclusive, that any part of such act or acts shall have been committed outside this state, and the offense shall in such case be deemed and alleged to have been committed, and the offender tried and punished, in any county in which the prostitution was consummated, or any overt act in furtherance of the offense shall have been committed.
NRS 201.354: Engaging in prostitution or solicitation for prostitution: Penalty; exception
1. It is unlawful for any person to engage in prostitution or solicitation therefor, except in a licensed house of prostitution.
2. Any person who violates subsection 1 is guilty of a misdemeanor.
NRS 201.356: Test for exposure to human immunodeficiency virus required; payment of costs; notification of results of test
1. Any person who is arrested for a violation of NRS 201.354 must submit to a test, approved by regulation of the State Board of Health, to detect exposure to the human immunodeficiency virus. The State Board of Health shall not approve a test for use that does not provide the arresting law enforcement agency with the results of the test within 30 days after a person submits to the test. If the person is convicted of a violation of NRS 201.354, he shall pay the sum of $100 for the cost of the test.
2. The person performing the test shall immediately transmit the results of the test to the arresting law enforcement agency. If the results of the test are negative, the agency shall inform the court of that fact. If the results of the test are positive, the agency shall upon receipt:
(a) Mail the results by certified mail, return receipt requested, to the person arrested at his last known address and place the returned receipt in the agency’s file; or
(b) If the person arrested is in the custody of the agency, personally deliver the results to him and place an affidavit of service in the agency’s file.
If before receiving the results pursuant to this subsection, the person arrested requests the agency to inform him of the results and the agency has received those results, the agency shall deliver the results to him, whether positive or negative, and place an affidavit of service in the agency’s file.
3. The court shall, when the person arrested is arraigned, order the person to reappear before the court 45 days after the arraignment to determine whether the person has received the results of the test. The court shall inform the person that his failure to appear at the appointed time will result in the issuance of a bench warrant, unless the order is rescinded pursuant to this subsection. If the court is informed by the agency that the results of the person’s test were negative, the court clerk shall rescind the order for his reappearance and so notify the person. If, upon receiving notice from the agency that the results of the test were positive, the person notifies the court clerk in writing that he has received the results, the clerk shall inform the court and rescind the order for his reappearance for that determination.
4. The court shall, upon the person’s reappearance ordered pursuant to subsection 3, ask him whether he has received the results of the test. If the person answers that he has received them, the court shall note his answer in the court records. If the person answers that he has not received them, the court shall have the results delivered to him and direct that an affidavit of service be placed in the agency’s file.
5. If the person does not reappear as ordered and has not notified the court clerk of his receipt of the results of the test in the manner set forth in subsection 3, the court shall cause a bench warrant to be issued and that person arrested and brought before the court as upon contempt. The court shall also proceed in the manner set forth in subsection 4 to ensure that the person receives the results of the test.
NRS 201.358: Engaging in prostitution or solicitation for prostitution after testing positive for exposure to human immunodeficiency virus: Penalty; definition
1. A person who:
(a) Violates NRS 201.354; or
(b) Works as a prostitute in a licensed house of prostitution,
after testing positive in a test approved by the State Board of Health for exposure to the human immunodeficiency virus and receiving notice of that fact is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
2. As used in this section, “notice” means:
(a) Actual notice; or
(b) Notice received pursuant to NRS 201.356.
NRS 201.360: Placing person in house of prostitution; penalties
1. A person who:
(a) Places another in the charge or custody of a third person with the intent that the other person engage in prostitution or who compels the other person to reside with him or with any third person for purposes of prostitution, or who compels another person to reside in a house of prostitution;
(b) Asks or receives any compensation, gratuity or reward, or promise thereof, for or on account of placing in a house of prostitution or elsewhere a person for the purpose of causing that person to cohabit with someone who is not the person’s spouse;
(c) Gives, offers or promises any compensation, gratuity or reward, to procure a person to engage in any act of prostitution in any house of prostitution, or elsewhere, against the person’s will;
(d) Is the spouse, parent, guardian or other legal custodian of a person under the age of 18 and permits, connives at or consents to the minor’s being or remaining in any house of prostitution;
(e) Lives with or accepts any earnings of a common prostitute, or entices or solicits a person to go to a house of prostitution to engage in sexual conduct with a common prostitute;
(f) Decoys, entices, procures or in any manner induces a person to become a prostitute or to become an inmate of a house of prostitution, for purposes of prostitution, or for purposes of employment, or for any purpose whatever, when that person does not know that the house is one of prostitution; or
(g) Decoys, entices, procures or in any manner induces a person, under the age of 21 years, to go into or visit, upon any pretext or for any purpose whatever, any house of ill fame or prostitution, or any room or place inhabited or frequented by any prostitute, or used for purposes of prostitution,
is guilty of a felony.
2. A person who violates the provisions of subsection 1 shall be punished:
(a) Where physical force or the immediate threat of physical force is used upon the other person, for a category C felony as provided in NRS 193.130.
(b) Where no physical force or immediate threat of physical force is used, for a category D felony as provided in NRS 193.130.
NRS 201.380: Restriction on location of houses of ill fame; penalty
1. It shall be unlawful for any owner, or agent of any owner, or any other person to keep any house of ill fame, or to let or rent to any person whatever, for any length of time whatever, to be kept or used as a house of ill fame, or resort for the purposes of prostitution, any house, room or structure situated within 400 yards of any schoolhouse or schoolroom used by any public or common school in the State of Nevada, or within 400 yards of any church, edifice, building or structure erected for and used for devotional services or religious worship in this state.
2. Any person violating the provisions of subsection 1 shall be punished by a fine of not more than $500.
NRS 201.390: Property on principal business streets not to be rented for purposes of prostitution; penalty
1. It is unlawful for any owner or agent of any owner or any other person to keep, let or rent for any length of time, or at all, any house fronting on the principal business street or thoroughfare of any of the towns of this state, for the purpose of prostitution or to make or use any entrance or exit way to any house of prostitution from the principal business street or thoroughfare of any of the towns of this state.
2. Any person violating the provisions of subsection 1 shall be punished by a fine of not more than $500.
NRS 201.400: General reputation competent evidence
In the trial of all cases arising under the provisions of NRS 201.380 and 201.390, evidence of general reputation is competent evidence as to the question of the ill fame of any house alleged to be so kept, and to the question of the ill fame of any person.
NRS 201.410: Duties of sheriff and district attorney; failure to act; penalty
The district attorney and sheriff of each county in this state shall see that the provisions of NRS 201.380 are strictly enforced and carried into effect, and upon neglect so to do, they, or either of them, shall be deemed guilty of a misdemeanor in office and may be proceeded against by accusation as provided in chapter 283 of NRS.
NRS 201.420: Keeping disorderly house; penalty
Any person who shall keep any disorderly house, or any house of public resort, by which the peace, comfort or decency of the immediate neighborhood, or of any family thereof, is habitually disturbed, or who shall keep any inn in a disorderly manner, is guilty of a misdemeanor.
NRS 201.430: Unlawful advertising of prostitution; penalties
1. It is unlawful for any person engaged in conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, or any owner, operator, agent or employee of a house of prostitution, or anyone acting on behalf of any such person, to advertise the unlawful conduct or any house of prostitution:
(a) In any public theater, on the public streets of any city or town, or on any public highway; or
(b) In any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute.
2. It is unlawful for any person knowingly to prepare or print an advertisement concerning a house of prostitution not licensed for that purpose pursuant to NRS 244.345, or conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, in any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute.
3. Inclusion in any display, handbill or publication of the address, location or telephone number of a house of prostitution or of identification of a means of transportation to such a house, or of directions telling how to obtain any such information, constitutes prima facie evidence of advertising for the purposes of this section.
4. Any person, company, association or corporation violating the provisions of this section shall be punished:
(a) For the first violation within a 3-year period, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.
(b) For a second violation within a 3-year period, by imprisonment in the county jail for not less than 30 days nor more than 6 months, and by a fine of not less than $250 nor more than $1,000.
(c) For a third or subsequent violation within a 3-year period, by imprisonment in the county jail for 6 months and by a fine of not less than $250 nor more than $1,000.
NRS 201.440: Unlawful to permit illegal advertising of houses of prostitution; penalties
1. In any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute, it is unlawful for any person, company, association or corporation knowingly to allow any person engaged in conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, or any owner, operator, agent or employee of a house of prostitution, or anyone acting on behalf of any such person, to advertise a house of prostitution in his place of business.
2. Any person, company, association or corporation that violates the provisions of this section shall be punished:
(a) For the first violation within a 3-year period, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.
(b) For a second violation within a 3-year period, by imprisonment in the county jail for not less than 30 days nor more than 6 months, and by a fine of not less than $250 nor more than $1,000.
(c) For a third or subsequent violation within a 3-year period, by imprisonment in the county jail for 6 months and by a fine of not less than $250 nor more than $1,000.
NRS 244.345: Dancing halls, escort services, entertainment by referral services and gambling games or devices; limitation on licensing of houses of prostitution
1. Every natural person wishing to be employed as an entertainer for an entertainment by referral service and every natural person, firm, association of persons or corporation wishing to engage in the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city, must:
(a) Make application to the license board of the county in which the employment or business is to be engaged in, for a county license of the kind desired. The application must be in a form prescribed by the regulations of the license board.
(b) File the application with the required license fee with the county license collector, as provided in chapter 364 of NRS, who shall present the application to the license board at its next regular meeting.
The board, in counties whose population is less than 400,000, may refer the petition to the sheriff, who shall report upon it at the following regular meeting of the board. In counties whose population is 400,000 or more, the board shall refer the petition to the metropolitan police department. The department shall conduct an investigation relating to the petition and report its findings to the board at the next regular meeting of the board. The board shall at that meeting grant or refuse the license prayed for or enter any other order consistent with its regulations. Except in the case of an application for a license to conduct a gambling game or device, the county license collector may grant a temporary permit to an applicant, valid only until the next regular meeting of the board. In unincorporated towns and cities governed pursuant to the provisions of chapter 269 of NRS, the license board has the exclusive power to license and regulate the employment and businesses mentioned in this subsection.
2. The board of county commissioners, and in a county whose population is less than 400,000, the sheriff of that county constitute the license board, and the county clerk or other person designated by the license board is the clerk thereof, in the respective counties of this state.
3. The license board may, without further compensation to the board or its clerk:
(a) Fix, impose and collect license fees upon the employment and businesses mentioned in this section.
(b) Grant or deny applications for licenses and impose conditions, limitations and restrictions upon the licensee.
(c) Adopt, amend and repeal regulations relating to licenses and licensees.
(d) Restrict, revoke or suspend licenses for cause after hearing. In an emergency the board may issue an order for immediate suspension or limitation of a license, but the order must state the reason for suspension or limitation and afford the licensee a hearing.
4. The license board shall hold a hearing before adopting proposed regulations, before adopting amendments to regulations, and before repealing regulations relating to the control or the licensing of the employment or businesses mentioned in this section. Notice of the hearing must be published in a newspaper published and having general circulation in the county at least once a week for 2 weeks before the hearing.
5. Upon adoption of new regulations the board shall designate their effective date, which may not be earlier than 15 days after their adoption. Immediately after adoption a copy of any new regulations must be available for public inspection during regular business hours at the office of the county clerk.
6. Except as otherwise provided in NRS 241.0355, a majority of the members constitutes a quorum for the transaction of business.
7. Any natural person, firm, association of persons or corporation who engages in the employment of any of the businesses mentioned in this section without first having obtained the license and paid the license fee as provided in this section is guilty of a misdemeanor.
8. In a county whose population is 400,000 or more, the license board shall not grant any license to a petitioner for the purpose of operating a house of ill fame or repute or any other business employing any person for the purpose of prostitution.
9. As used in this section:
(a) “Entertainer for an entertainment by referral service” means a natural person who is sent or referred for a fee to a hotel or motel room, home or other accommodation by an entertainment by referral service for the purpose of entertaining the person located in the hotel or motel room, home or other accommodation.
(b) “Entertainment by referral service” means a person or group of persons who send or refer another person to a hotel or motel room, home or other accommodation for a fee in response to a telephone or other request for the purpose of entertaining the person located in the hotel or motel room, home or other accommodation.
NAC 441A.800 Testing of prostitutes; prohibition of certain persons from employment as prostitute.
1. A person seeking employment as a prostitute in a licensed house of prostitution shall submit to the State Hygienic Laboratory in the Division or a medical laboratory licensed pursuant to chapter 652 of NRS and certified by the Health Care Financing Administration of the United States Department of Health and Human Services:
(a) A sample of blood for a test to confirm the presence or absence of human immunodeficiency virus infection (HIV) and syphilis; and
(b) A cervical specimen for a test to confirm the presence or absence of gonorrhea and Chlamydia trachomatis by culture or antigen detection or DNA probe.
2. A person must not be employed as a prostitute in a licensed house of prostitution until the State Hygienic Laboratory in the Division or a medical laboratory licensed pursuant to chapter 652 of NRS and certified by the Health Care Financing Administration of the United States Department of Health and Human Services has reported that the tests required pursuant to subsection 1 do not show the presence of infectious syphilis, gonorrhea, Chlamydia trachomatis or infection with the human immunodeficiency virus (HIV).
3. A person employed as a prostitute in a licensed house of prostitution shall submit to the State Hygienic Laboratory in the Division or a medical laboratory licensed pursuant to chapter 652 of NRS and certified by the Health Care Financing Administration of the United States Department of Health and Human Services:
(a) Once each month, a sample of blood, identified by the name of the prostitute as it appears on her local work permit card, for a test to confirm the presence or absence of:
(1) Infection with the human immunodeficiency virus (HIV); and
(2) Syphilis.
(b) Once each week, a cervical specimen, identified by the name of the prostitute as it appears on her local work permit card, for a test to confirm the presence or absence of gonorrhea and Chlamydia trachomatis by culture or antigen detection or DNA probe.
4. If a test required pursuant to this section shows the presence of infectious syphilis, gonorrhea, Chlamydia trachomatis or infection with the human immunodeficiency virus (HIV), the person shall immediately cease and desist from employment as a prostitute in a licensed house of prostitution.
NAC 441A.802 Screening and confirmatory test for human immunodeficiency virus by a medical laboratory: Requirements.
Upon receiving a sample of blood pursuant to NRS 201.356, a medical laboratory licensed pursuant to chapter 652 of NRS shall perform a screening and confirmatory test for exposure to the human immunodeficiency virus. The screening and confirmatory tests used by the medical laboratory must be approved by the Food and Drug Administration or the State Board of Health.
NAC 441A.805 Use of latex prophylactic required.
A person employed as a prostitute in a licensed house of prostitution shall require each patron to wear and use a latex prophylactic while engaging in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person.
NAC 441A.810 House of prostitution required to post health notice.
The person in charge of a licensed house of prostitution shall post a health notice provided by the Division. The cost and mounting of the notice is the responsibility of the house of prostitution. The notice must be posted in a prominent location which is readily noticeable by patrons of the establishment and is approved by the Division.
NAC 441A.815 Person in charge of house of prostitution: Report of presence of communicable disease required; cooperation with health authority required.
1. The person in charge of a licensed house of prostitution who knows of or suspects the presence of a communicable disease within the house of prostitution shall report the disease to the health authority having jurisdiction where the house of prostitution is located.
2. A report of a communicable disease must be made to the health authority in accordance with the provisions set forth in NAC 441A.225.
3. A report must include:
(a) The communicable disease or suspected communicable disease;
(b) The name and the address or telephone number of the case or suspected case;
(c) The name, address and telephone number of the person making the report;
(d) The age, sex, race, date of birth, occupation and employer of the case or suspected case, if available;
(e) The date of onset and the date of diagnosis of the disease; and
(f) Any other information requested by the health authority, if available.
4. The person in charge of a licensed house of prostitution shall promptly cooperate with the health authority during:
(a) The investigation of the circumstances or cause of a case or suspected case, or of an outbreak or suspected outbreak; and
(b) The carrying out of measures for the prevention, suppression or control of a communicable disease, including procedures of exclusion, isolation and quarantine.
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Seems you’re full of crap yet again, kay.
Individual counties can (and do) vote on whether to allow prostitution, but it is state regulated in addition to any restraints the counties themselves may enforce.