Arrest Laws to Know if Visiting Las Vegas

Las Vegas is a tourist destination where millions can experience the Wild West. That said, make sure you know about the specific laws in Nevada before you go so that you don’t unwittingly get in trouble. Nevada’s arrest laws are mostly cut and dry, but there are some quirky rules you should familiarize yourself with.

Important laws you should be aware of when traveling to Las Vegas:

Alcohol Laws and Restrictions

You can drink alcohol in Nevada if you are 21 or older. However, it is illegal to provide alcohol to minors or to drink alcohol while driving or operating a boat.

1. Fremont Street Open Container Policy

On Fremont Street in downtown Las Vegas, open containers are allowed, but only plastic or paper containers are allowed. Glass containers and aluminum cans are prohibited. Additionally, open containers are only allowed if the alcohol was purchased within the Fremont Street area.

2. Las Vegas Strip Open Container Rules

If you are 21 or older, it is ok to carry an open container of alcohol while walking along the Las Vegas Strip. However, glass containers are prohibited to avoid hazards from broken glass. Acceptable containers include paper cups, aluminum cans, and plastic cups.

3. No Open Alcohol in Personal Motor Vehicles

In Nevada, it is illegal for the driver or passengers to have a container of alcohol open in a vehicle. This is a misdemeanor, punishable by up to $1,000 in fines and up to six months in jail. Penalties may double in work zones or pedestrian safety zones, and the court may also impose community service.

4. Alcohol Permitted in Private Commercial Vehicles

While open containers are prohibited on public transportation, alcohol consumption is allowed in the passenger areas of private commercial vehicles such as taxis, limousines with partitions, town cars, tour buses, trolleys, RV buses, chartered party buses, and shuttles. However, pedicab operators and ride-sharing services typically do not permit open containers.

5. Public Intoxication is Not Against the Law in Las Vegas

While it is not illegal to be drunk in public in Las Vegas, authorities can arrest or cite individuals for specific behaviors while intoxicated. These behaviors may include trespassing, jaywalking, public urination, breach of the peace, or others.

Cannabis/Marijuana

Possession of Cannabis/marijuana is legal for adults 21 years old or older as long as they have no more than 2.5 ounces of cannabis flower or one-quarter of an ounce of concentrates. However, it is illegal to consume cannabis/marijuana in public places, hotel rooms, or vehicles. Cannabis lounges were approved by the legislature in 2022 and are now places in the Las Vegas Valley where adults can consume cannabis legally outside of their homes. Click Here to learn more about legal cannabis in Nevada.

Drugs

Nevada has strict laws against possessing drugs, controlled substances, or narcotics without a prescription. This is a felony under Nevada law and can result in prison time and fines if charged.

Gambling

Nevada is famous for its casinos, which are legal throughout the state. You can gamble in Las Vegas, Reno, and other cities, but you must be at least 21. If you have children with you, keep them at least 6 feet away from the casino playing area.

Gun Laws

In Nevada, you can openly carry a firearm without a permit, and the state has complete preemption of firearms laws. However, there are restrictions on where you can carry a firearm openly, such as schools, airports, courthouses, and some private businesses. If you want to carry a concealed firearm, you will need a Nevada Carry Concealed Weapon (CCW) permit or a license/permit from a state that Nevada recognizes.

Prostitution

In certain rural counties of Nevada, such as Nye County, there are legal brothels regulated by the state and local authorities. However, it’s important to note that prostitution is illegal in Nevada except in licensed brothels. Solicitation can result in charges, even if the sexual act doesn’t occur. Encouraging or profiting from prostitution is also against the law. It’s worth mentioning that child prostitution and pandering involving individuals under 18 are felonies with more severe penalties, including sex offender registration. Additionally, in Nevada, sex workers must ensure patrons use a latex or polyurethane prophylactic during any sexual activity involving genitalia or intimate parts. Licensed brothels are legal in ten rural Nevada counties: Churchill, Elko (only in specific communities), Esmeralda, Humboldt, Lander, Lyon, Mineral, Nye, Storey, and White Pine.

Smoking

Smoking is allowed in casinos but not in restaurants, bars without gaming machines, or other public places where food is served. You must be at least 18 years old to buy or use tobacco products.

Taxes

Nevada does not have a state income tax, which makes it attractive for many residents and businesses.

Other Important Laws to Know

Age of Consent/Having sex with a minor

In Nevada, the age of consent is 16, making any sexual activity with a child aged 15 or younger automatically illegal. It doesn’t matter if the child is mature, initiates the act, or lies about their age. Engaging in sexual activity with a 15 or 14-year-old at least four years younger is termed “statutory sexual seduction” or “statutory rape.” Nevada has strict laws against lewd acts with children under 14. A conviction for a sex crime can result in a lengthy prison sentence and mandatory sex offender registration.

Boarding an Airplane while Impaired by Alcohol or Drugs

Based on the contracts of carriage set by airlines, passengers may be prohibited from flying if they are visibly intoxicated or affected by drugs. This implies that they may be denied boarding or asked to leave the plane after boarding. If a passenger becomes intoxicated during a flight to or from Las Vegas and creates disturbances, they could face severe federal criminal charges.

Boating while Impaired by Alcohol or Drugs

In Nevada, operating a boat or personal watercraft under the influence (BUI) is a serious offense with similar penalties as driving under the influence of alcohol or drugs (DUI), including severe fines and equally serious jail time. However, unlike DUI, BUI will not result in a driver’s license suspension because Nevada does not require watercraft operators to possess a license.

Brass Knuckles

In Nevada, brass knuckles are illegal weapons. Possession of metal knuckles – Nevada’s legal term for brass knuckles – is typically a gross misdemeanor. It can be punishable by up to 364 days in jail and $2,000 in fines.

Carrying a Firearm Openly

People otherwise qualified to possess guns may open carry in Nevada, even if they do not live in-state. As it sounds, open carry is carrying a gun to be visible to others. Examples of open carry are Carrying a firearm in a holster on a belt.

Catcalling

Catcalling is the act of shouting or making sexualized or inappropriate comments, whistles, or gestures at someone, usually a female, in public. It can be considered harassment, which is punishable under Nevada’s harassment laws. Harassment is generally defined as a course of conduct that annoys, threatens, intimidates, alarms or puts a person in fear of their safety.

Charging Food and Drinks to Another Person's Hotel Room

If a food and beverage bill is charged to someone else’s hotel room in Nevada and the total cost is under $1,200, it is considered a misdemeanor. The penalty for this offense includes a maximum of 6 months imprisonment, a maximum fine of $1,000, and compensation to the affected party. On the other hand, if the bill exceeds $1,200, it is categorized as a felony of type D, and the sentence can range from 1 to 4 years in prison, a fine of up to $5,000, and restitution to the victims.

Counterfeit Casino Chips used to Gamble

According to Nevada law, it is a category B felony to use, sell, or manufacture counterfeit casino chips for use in a gambling game. The penalties include fines of up to $15,000 and 15 years in prison.

Counterfeiting

Possessing counterfeit money can be illegal if you know it is fake and try to use it to defraud another person. Counterfeiting is a serious Felony crime in Nevada that can be charged as a misdemeanor or felony crime, punishable by fines of up to $250,000 and a prison sentence reaching as many as 25 years.

Cheating at Gambling in a Casino

Nevada law classifies cheating at a casino game as a felony offense under NRS 465.083 and NRS 465.073, and the consequences of violating these laws are severe. Offenders may face a category B felony charge and be subjected to corresponding punishment, including imprisonment for 1-6 years and a maximum fine of $10,000 for the first offense. The same penalties apply for subsequent violations, and even attempting to conspire in cheating can lead to a guilty verdict and the same adverse outcomes.

Deadly Force to Stop a Home or Vehicle Intruder

You can use deadly force in Nevada to protect your home and vehicles. Under Nevada’s Castle Doctrine, using deadly force in self-defense is permissible without a duty to retreat if an intruder is entering your occupied home or vehicle. However, Nevada’s Castle Doctrine does not apply to unoccupied homes or vehicles. People who see someone breaking into an empty house or car do not have the legal right to kill the intruder, even if it is their home or car.

Disturbing the Peace

Disturbing the peace is a crime in Nevada that carries up to 6 months in jail and up to $1000 in fines. A person that maliciously and willfully disturbs the peace or quiet of any neighborhood, person, or family by loud or unusual noises or tumultuous and offensive conduct, threatening, quarreling, challenging to or being in a fight, shall be guilty of a misdemeanor.

Driving Alone in a Carpool Lane

In Nevada, driving alone in the High Occupancy Vehicle (HOV) lane is illegal, with fines starting at $250 (up to $352 in Las Vegas). The lane is for vehicles with a driver and one or more passengers and is open daily from 5 AM to 10 PM. Drivers without passengers can use the lane from 10 PM to 5 AM.

Driving with a License from a Foreign Country

People with valid and current driver’s licenses from a foreign country may drive in Nevada.

Driving while Impaired by Alcohol or Drugs

In Nevada, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher within two hours of operating a vehicle, which is referred to as a DUI “per se.” For commercial drivers, the legal limit is 0.04%, and for individuals under 21 years of age, the limit is 0.02%.

A first-time DUI is a misdemeanor, with penalties including two days to six months in jail, from 48 to 96 hours of community service, a fine of $400 to $1,000, mandatory online DUI school, a Victim Impact Panel, and a 185-day suspension of your driver’s license.

Dumpster Diving

Dumpster diving is illegal in the City of Las Vegas and throughout Clark County. Rummaging through other people’s trash is a misdemeanor punishable by a maximum of $1,000 in fines and six months in jail.

Fighting

In Nevada, assault is the intentional use of force against someone or causing them to fear immediate harm. Simple assault is a misdemeanor, punishable by up to six months in jail and a $1,000 fine. However, assault with a deadly weapon is a Category B felony, resulting in one to six years of imprisonment and a fine of up to $5,000.

Fireworks

The regulations governing fireworks in Nevada vary among different counties. While some counties allow fireworks to be purchased and used year-round, in Clark County, which includes Las Vegas, Mesquite, Laughlin, and other local cities, only “Safe and Sane” fireworks are permitted. Nonprofit groups will sell them from June 28 until midnight on July 4. Using fireworks, even “Safe and Sane” ones, outside of this period is illegal. Those who violate this law may be fined and required to pay disposal fees, with fines ranging from $500 to $1,000. Fireworks are defined as any item that explodes, flies through the air, or rotates on the ground.

Forgery

Forgery involves trying to deceive someone by using fraudulent or fake documents. In Nevada, forgery is considered a category D felony. It can result in a sentence of 1 to 4 years in prison, fines of up to $5000.00, and compensation to the affected party or parties.

Jaywalking

Jaywalking, defined as a pedestrian crossing the street outside a marked crosswalk or inside an unmarked crosswalk at an intersection, is considered a misdemeanor offense in Nevada and is punishable by fines that vary depending on the location. In Las Vegas, police typically issue citations for jaywalking similar to traffic tickets, which carry a fine of $160.

Littering

Littering is a misdemeanor in Nevada. Even a first offense can result in fine ranging from a $500 to $1,000, and may include up to six months in jail.

Loitering

Loitering is considered a misdemeanor in Nevada. The penalties could be a fine of up to $1,000 and a jail term of up to 6 months. Loitering is a person who remains in a particular public place for a prolonged period, with no apparent purpose, simply standing or sitting around. Loitering laws are designed to deter criminal activity and create safe environments, especially in high-crime areas.

Parking in a Handicapped Space

In Nevada, parking in a handicapped space without a current handicap placard or license plate is illegal. This can be classified as a criminal misdemeanor or a civil infraction, with a minimum fine of $250 in Las Vegas.

Providing Alcohol to a Minor

Nevada law prohibits furnishing alcohol to people under 21 years of age.

Public Drunkenness (Public Intoxication)

Public drunkenness or intoxication is not considered a crime in Las Vegas, NV. However, a person who is impaired in public could still face other criminal charges, typically misdemeanors that are punishable by a jail sentence of up to six months and a maximum fine of $1,000. For example, if a person behaves in a disruptive or hostile manner, they could be charged with disturbing the peace. Similarly, if an individual is caught driving under the influence of alcohol or drugs, they could face DUI charges. Additionally, if someone refuses to leave a venue, such as a casino, while intoxicated, they may be charged with trespassing. Lastly, relieving oneself in public is also considered a misdemeanor in Las Vegas.

Recording a Phone Call

Nevada is a “unilateral consent” state, meaning that only one person involved in a face-to-face meeting needs to consent to the recording, and you/your consent satisfies that requirement. However, you must have everyone’s consent to record over the telephone or other electronic or telecommunication.

Refusing to Pay for Food or Lodging

According to Nevada Revised Statutes (NRS) 205.080, any person who obtains food, lodging, or other accommodation at any hotel, motel, or motor court and refuses to pay for such food, lodging, or other accommodation is guilty of a misdemeanor. The penalty for a misdemeanor in Nevada can include up to six months in jail and a fine of up to $1,000.

Smoking Pot in Public

In Nevada, using marijuana in public is illegal and can result in a $600 fine. Someone under 18 caught with marijuana may face 24 hours of community service. For those aged 19 or 20 caught with less than one ounce, the penalty is a misdemeanor, which may lead to up to six months in jail and a fine of up to $1,000.

Speeding, Reckless Driving, and Drag Racing

Breaking traffic laws in Nevada, even for speeding, can result in a misdemeanor charge. First-time offenders may face fines up to $1,000, a maximum of six months in jail, and a license suspension of up to a year. Reckless driving, characterized by willful disregard, can lead to fines ranging from $250 to $1,000, a potential jail sentence of up to six years, a license suspension of up to three years, and vehicle impoundment. Unauthorized speed contests on public roads are also misdemeanors, carrying fines of $250 to $1,000, license suspension lasting six months to two years, and a maximum jail term of six months.

Talking or Texting on a Cell Phone while Driving

Using a cell phone to talk or text while operating a vehicle is against the law in Nevada. Those who violate the state’s distracted driving regulations may receive a traffic citation that includes a penalty of $50 for the initial infraction, $100 for the second one, and $250 for each subsequent offense.

Theft and Larceny

In Nevada, stealing property worth less than $1,200 is petty larceny, a misdemeanor. Stealing $1,200 or more is grand larceny, a serious crime. Larceny is when someone takes something without permission. Grand larceny involves stealing over $1,200 and is a felony. If the stolen property is valued from $1,200 to $5,000, it’s a category D felony and can carry a sentence of 1 to 4 years in prison, fines up to $5,000, and restitution.

Traffic Stops and Reasonable Articulable Suspicion of a Crime

When a traffic violation occurs on Nevada roads, a police officer can lawfully make a traffic stop. However, for a traffic stop to be legal in Nevada, a police officer must have a reasonable, articulable suspicion (RAS) that a crime has been committed. A police stop should occur only if an officer witnesses a traffic violation or crime involving the driver or passenger. If the stop is based on a mistaken belief, it’s not illegal. Following these tips can help make your encounter with law enforcement safe and smooth.

Here are some tips on how to handle being pulled over by the police:

Pull over safely. Slow down, signal, and pull over to a safe location. Try to choose a well-lit area.
Turn off the engine. Turning off your engine demonstrates to the officer that you have no intention of driving away.
Illuminate the interior. If it’s dark outside, turn on the interior lights in your car. This lets the officer see inside the vehicle and feel more at ease.
Stay calm and composed. Avoid acting aggressively or defensively.
Remain in your vehicle. Getting out without being asked can raise suspicion and make the situation worse.
Keep your hands visible. To make the officer feel more at ease, keep both hands on the steering wheel where they can be seen. Avoid making sudden movements.
Follow the officer’s instructions. If the officer requests your license and registration, let them know where they are and ask for permission before reaching for them.
If you receive a citation, sign it. It is not an admission of guilt. It means you have received the citation and will either pay the fine or contest it in court.

Here are your legal rights when police pull you over:

You have the right to remain silent. You can exercise this right by saying clearly: “I am exercising my right to remain silent.”
Police do not have the right to search your vehicle or person without your consent if they do not have a warrant or probable cause.
It is ok to ask why you were pulled over and what crime you are suspected of committing.
You have the right to record your encounter with police in a public place.
You have the right to ask for an attorney if you’re arrested.

Trespassing

Nevada law defines trespassing as entering someone else’s property without permission or remaining on their property after being instructed to leave. Trespassing is a misdemeanor offense with a penalty of up to 6 months in jail and a fine of up to $1,000.

Legal Disclaimer

This article is only for information and not legal advice. The information could be outdated or incorrect, and we do not guarantee its completeness. For legal questions specific to Nevada laws, consult an attorney.

See Nevada Revised Statutes for a list of all current codified laws in Nevada

Please refer to the Nevada Revised Statutes for information about all the current codified laws of the State of Nevada.