In Nevada, there are three situations that qualify as illegal loitering. One is in locations where children gather and people are hanging out. Another is in casino areas and the people who are under 21 remain. The third is to solicit sex or break the law while people being in or near public restrooms. Carrying up to 6 months in jail and/or up to $1,000 in fines, loitering is a misdemeanor. However, it is rare for judges to impose jail on a first-time offense. When no conviction goes on the defendant’s criminal record, it may be possible to get the charges dismissed. Today, we at Kajioka & Associates, Attorneys at Law, would like to further discuss when loitering becomes a crime in Nevada.
Loitering at a School or where Children Gather
Loitering near the following list locations where children gather makes it a misdemeanor under NRS 207.270. To protect kids from pedophiles and other people who mean to do children harm is this purpose of this law.
– swimming pools
– children community centers
– daycare centers
Defenses to NRS 207.270
NRS 207.270 charges has common defenses that include:
– There was no loitering as the defendant was just passing by.
– The defendant was just passing by and was not loitering.
– Like for babysitter supervising kids in his/her care, the defendant had a legitimate reason to be there.
– Children do not normally congregate in the location.
Defenses for People Under 21 Found to Loiter in a Casino
In a casino or any place where licensed gaming takes place, NRS 463.350 prohibits people under 21 years of age from loitering. Minors are allowed inside of Nevada’s casinos in practice, making them not allowed to linger near any of the slot machines, gaming tables, or sportsbooks. For NRS 463.350 charges, potential defenses include:
– The defendant was of legal age.
– The defendant was away like in a restaurant, far from the gaming area.
– Defendant was just walking by the gaming area and not loitering.
Defenses for Loitering Near a Public Restroom
For people to loiter in or near a public restroom to either:
engage in or solicit sexual favors, or commit an unlawful act makes it a vagrancy offense under NRS 207.030. In an attempt to catch would-be prostitutes and johns, police frequently set up undercover stings in public restrooms. Pretending to solicit sexual favors by officers dress up in plain clothes. The officer breaks cover and arrests the suspect if the suspect agrees. As long as they do not force or threaten the suspect into breaking the law, police are allowed to engage in deceptive practices. NRS 207.030 charges include the following common defense:
– For its intended purpose, the defendant was using the restroom.
– There was no loitering as the defendant was just passing through.
– Such as entrapping the defendant or coercing a confession, the police committed misconduct.
Record Seals and Penalties. In Nevada, loitering is prosecuted as a misdemeanor offense and the punishment it carries include up to 6 months in jail, and/or up to $1,000 in fines.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
For a first-time offense, it is rare for courts to impose jail and prosecutors may be willing to dismiss a first-time charge in exchange for a fine in many cases. For a full year, a conviction must remain on the defendant’s record. The defendant can petition the court for a record seal at that point. The defendant can petition for a record seal immediately if the charge gets dismissed. If you are facing loitering charges, especially if they are attached to other charges in Nevada, call Kajioka & Associates, Attorneys at Law, and schedule a consultation.