Can You Go to Jail for Going to a Massage Parlor?
Understand the legal risks of visiting certain massage parlors, including how laws are enforced and what factors may lead to criminal charges.
While many massage parlors operate legally, offering therapeutic services, some function as fronts for illicit activity, raising concerns for patrons about potential legal consequences.1U.S. Department of Justice. Illicit Massage Parlor Operators Sentenced (NDTX) Whether a visit could lead to criminal charges depends on the specific conduct involved and how laws are enforced.
Prohibited Conduct Under the Law
The legality of visiting a massage parlor turns on the activities occurring inside. Licensed massage therapy is legal. However, engaging in or soliciting sexual activity for payment is prohibited. Prostitution laws typically cover offering, agreeing to, or participating in sexual conduct for a fee, encompassing a range of acts beyond intercourse.
Solicitation, the act of offering or agreeing to pay for sexual conduct, is itself a crime, regardless of whether the sexual act occurs. Actions implying an intent to exchange money for sex can be sufficient evidence. Laws also prohibit “lewdness,” such as indecent touching outside the scope of legitimate massage or exposure. Requesting, agreeing to, or participating in paid sexual services or lewd acts within a massage parlor constitutes illegal conduct.
Criminal Charges for Patronizing Illegal Venues
Engaging in prohibited sexual conduct or solicitation inside a massage parlor can lead to criminal charges for the patron. Simply being present in an establishment, even one under suspicion, is generally not enough for criminal liability. Charges typically arise from a customer’s actions demonstrating intent to procure illegal services.
The most common charge is solicitation or patronizing prostitution. Under Nevada law, for instance (Section 201.354 of the Nevada Revised Statutes), it is illegal for a customer to solicit or engage in prostitution outside of a licensed brothel.2Justia Law. Nevada Revised Statutes § 201.354 – Unlawful Prostitution or Solicitation Outside Licensed House A customer offering or agreeing to pay for sexual services in an unlicensed massage parlor can be charged.
A first offense is often treated as a misdemeanor. Subsequent offenses may be classified as gross misdemeanors. If the solicitation involves a minor (under 18), the charges escalate significantly, typically to a felony. These charges stem directly from the customer’s actions related to seeking prohibited services.
Evidence in Investigations
Law enforcement investigations into illicit massage parlors often use undercover officers posing as customers. These officers gather direct evidence by observing activities and documenting conversations or agreements involving the exchange of money for sexual acts. Their testimony is a key piece of evidence.
Where legally permitted, often with warrants, investigators may use surveillance methods like video or audio recordings captured during undercover operations to corroborate officer accounts. Physical surveillance might note patterns suggestive of illicit activity, such as exclusively male clientele or very short visits, though this alone doesn’t prove individual wrongdoing.
Search warrants allow investigators to seize business records, appointment logs, financial documents, or physical items like condoms or cash from the premises. Digital evidence, such as text messages or online ads using coded language, might also be collected if lawfully obtained. This combined evidence helps build a case demonstrating a patron’s intent and actions related to solicitation.
Penalties if Convicted
A conviction for patronizing or soliciting prostitution in Nevada carries specific consequences outlined in state law. For a first-time offense by a customer, Section 201.354 of the Nevada Revised Statutes (NRS) classifies it as a misdemeanor.3Nevada State Legislature. NRS Chapter 201 – Crimes Against Public Decency and Good Morals Under NRS 193.150, this is punishable by up to 6 months in county jail, a fine up to $1,000, or both. NRS 201.354 also mandates a minimum fine of $400 for a first offense and a $200 civil penalty.
Penalties increase for repeat offenses. A second conviction under NRS 201.354 becomes a gross misdemeanor, punishable under NRS 193.140 by up to 364 days in jail, a fine up to $2,000, or both. The mandatory minimum fine for a second offense rises to $800, plus the $200 civil penalty. A third or subsequent conviction remains a gross misdemeanor but carries a minimum fine of $1,300, alongside potential jail time, the maximum $2,000 fine, and the civil penalty.
Soliciting a minor results in much harsher penalties. Under NRS 201.354, this is a felony. A first offense is a category D felony (NRS 193.130), carrying 1 to 4 years in state prison and a potential fine up to $5,000. A second offense involving a minor is a category C felony (1 to 5 years prison, fine up to $10,000). A third offense is a category B felony (1 to 6 years prison, fine up to $15,000).
Beyond fines and incarceration, a conviction creates a permanent criminal record. While misdemeanor and gross misdemeanor records may eventually be sealed after waiting periods (typically one or two years post-case closure under Nevada law), felony convictions have more lasting impacts on employment and licensing. Courts may offer diversion programs for some first-time misdemeanor offenses, potentially leading to dismissal of charges upon completion (NRS 201.354(7)) and avoiding a conviction record.
Seeking Legal Counsel
Anyone facing potential criminal charges related to visiting a massage parlor should understand their right to legal representation. The Sixth Amendment of the U.S. Constitution guarantees the right to counsel in criminal cases, a right affirmed in Nevada’s Constitution.4Sixth Amendment Center. The Right to Counsel in Nevada: Evaluation of Trial-Level Indigent Defense Services (2018) This right applies at key stages, including the initial court appearance where charges are presented.
The right to counsel applies to misdemeanors if jail time is sought, and always applies to gross misdemeanors and felonies. Given that solicitation cases often involve complex evidence from undercover operations, obtaining legal advice early is crucial. An attorney can explain the charges, review the evidence, and outline available legal options.
Communications between a client and their attorney are protected by attorney-client privilege, established in Nevada law (NRS 49.095). This confidentiality allows clients to speak openly with their lawyer, ensuring the attorney has the information needed to provide effective advice. Exceptions are rare, primarily involving communications about future crimes (NRS 49.115).
For those unable to afford a private attorney, Nevada provides court-appointed counsel. If a defendant facing potential jail time is found financially unable to hire a lawyer (indigent), the court will appoint representation, usually from the Public Defender’s office or a contracted private attorney. While initially free, the court may later order reimbursement of fees if the person’s financial situation improves (NRS 171.188), though waivers exist for hardship.
To find a private attorney, the State Bar of Nevada offers a Lawyer Referral and Information Service (LRIS).5State Bar of Nevada. Lawyer Referral Service This service can provide a referral for an initial consultation, typically for a small fee, allowing individuals to discuss their case with a qualified criminal defense attorney and understand potential costs for representation. Seeking legal counsel promptly helps protect one’s rights throughout the legal process.
