Sponsor proposes tougher penalties for soliciting prostitution; opposition warns of unintended harms

Assembly Member Ken Gray introduced Assembly Bill 151 at the Assembly Judiciary Committee, saying the bill is intended to increase penalties for people who solicit prostitution and to better hold accountable individuals who exploit sex workers.

"As a state, we must do everything in our power to combat human trafficking," Assembly Member Ken Gray told the committee. Gray said his initial draft sought to add solicitation to the sex‑offender registry but that, after stakeholder feedback, he plans a "gut and replace" conceptual amendment to remove the registry proposal and instead permit prosecutors to charge solicitation as a felony in appropriate cases.

Gray said the proposed amendment would make felony charging discretionary: prosecutors "may" charge a solicitor with a felony based on the totality of the circumstances, such as repeated arrests, prior convictions or related criminal activity. He said the change is meant to create longer‑lasting consequences than the current penalty, which is a misdemeanor that may be sealed after a year.

The hearing drew immediate pushback from legal defense and anti‑trafficking groups. Paloma Guerrero of the Clark County Public Defender's Office and Angela Knott of the Washoe County Public Defender's Office testified in opposition, arguing that raising penalties for purchasers has in other jurisdictions driven the industry underground and can increase danger for sex workers.

Professor Barbara Brents of the University of Nevada, Las Vegas said research on client‑targeting strategies indicates such steps often make work more clandestine and harder for sex workers to manage safely. "The research ... has found that [increasing penalties against clients] does much more harm than good by driving the industry underground," Brents said.

Opponents also expressed concern that the current bill language was unclear and could have unintended consequences for crimes involving minors. Matthew Winterhawk, calling in as an opponent, asserted the bill as drafted could reduce protections for child‑solicitation cases by changing tier classifications; Gray and other witnesses disputed that characterization and said the bill as drafted did not reduce penalties for crimes involving minors.

Representatives of several law enforcement organizations, including the Las Vegas Metropolitan Police Department and the Nevada Sheriffs and Chiefs Association, testified they were neutral or opposed pending clarifications and amendments. Joshua Martinez of Las Vegas Metro said the department appreciated Gray's outreach and was willing to work on language.

Teresa Benitez Thompson, chief of staff to the Nevada attorney general, said the attorney general’s office welcomes a conversation and is willing to work with the sponsor on reforms that "bring more justice." Several public defenders and community groups urged the committee to focus on alternatives that prioritize victim services and to be cautious about measures that could push prostitution underground.

Gray said he is open to proposals such as higher fines, probation terms, classes or other sanctions short of immediate incarceration, and he asked stakeholders to provide drafting suggestions. No committee action or vote on AB151 was taken at the hearing.

The committee will take up conceptual amendment language that the sponsor said he expects to circulate to stakeholders for additional feedback.