“With such a wealth of passion for his practice, Mr. Gersten is one of the finest attorneys in town if not in the western region. He is very understanding, and can move mountains for his clients.” – J.K.

Las Vegas Casino Hotel Pool Parties: Risks and Cautions

Casinos are still the main attraction in Las Vegas, but in the last few years, day clubs built around hotel pools and hotel pool parties have spiked in popularity. Promotion and advertising often plays on the theme of “anything goes.” But before you jump in, you should know that casino hotel pool parties can present temptations that can get you in a lot of trouble — legal trouble, that is.

Based on his extensive experience helping tourists and visitors with federal and state criminal charges, Las Vegas criminal defense attorney Joseph Gersten knows that if visitors and residents are aware of the risks at Las Vegas hotel pool parties, they can exercise appropriate caution and avoid difficult, legally-complicated situations.

Legal Risks at Las Vegas Hotel Pool Parties

Regardless of what the advertisements say, hotels sponsoring pool parties are required to make sure that the conduct at those parties complies with all federal, state, and local laws. Hotel security is always present. Security personnel even conduct searches for illegal drugs and weapons. It is well known that undercover law enforcement officers attend hotel pool parties too.

The law still fully applies — and if you are arrested at a pool party, you can face a hefty fine and even prison time. There are a number of Las Vegas laws to keep mind when you go to a hotel pool party:

Prostitution and Solicitation

Prostitution and solicitation of prostitution are not legal in Las Vegas — or at Las Vegas hotel pool parties. Conviction of a prostitution offense can result in a fine and prison time. Prostitution is often targeted by Las Vegas undercover law enforcement officers at hotel pool parties. Within the last few years, there have been several significant pool party sting operations involving prostitution and drugs.

Drug Possession and Trafficking

You can now legally purchase and possess (one (1) ounce) of marijuana in Las Vegas. But you can only use it in a private residence. Public use – including use at hotel pools and in hotel rooms — is still illegal.

Drug-related arrests can occur at pool parties for possession of marijuana over one (1) ounce and possession of other illegal drugs. Selling drugs can result in trafficking charges. Drug offenses, like prostitution, are commonly targeted by hotel security and undercover law enforcement at hotel pool parties.

Disorderly Conduct / Disturbing the Peace

Las Vegas police use disorderly conduct charges for a wide range of behavior that is disruptive or disturbing other people. With a lot of people in a relatively small space and the free-flowing alcohol at hotel pool parties, many situations arise for which a person can be arrested for disorderly conduct. Public drunkenness, loud and boisterous behavior, and verbally harassing people can result in a disorderly conduct charge.

Disorderly conduct is a crime very commonly charged in Las Vegas. Also referred to as disturbing the peace, disorderly conduct is a misdemeanor that can carry jail time, but can result only in a fine for a first offender. 

Open and Gross Lewdness

Open and gross lewdness is a crime in Nevada. It covers a wide range of types of activity, including non-consensual sexual acts that do not amount to rape, as well as sexual acts performed in public. Groping another person or rubbing against another person in a suggestive way when there is no consent can constitute open or gross lewdness at a Las Vegas hotel pool party.

A first offense for open and gross lewdness is usually a misdemeanor. Second and subsequent offenses carry considerably more serious consequences.

Indecent Exposure

While there are some hotel pools where women can forego bathing suit tops in designated places and at specific times, removing bathing clothing at a hotel pool party will amount to indecent exposure at many places and times. If you attend a hotel pool that permits women to go without a top, be sure you understand exactly where and when the permission extends. Even where women are permitted to go topless, other laws — such as open or gross lewdness — still apply.

Indecent exposure is defined by Nevada law as “any open and indecent or obscene exposure” of oneself or another person. A conviction can result in steep fines and a prison sentence. Sometimes, a person convicted of indecent exposure will be required to register as a sex offender in Nevada.

Battery

Hot temperatures and alcohol consumption can lead to short tempers. If a fight breaks out at a Las Vegas hotel pool party, the individuals who are involved can be charged with battery, which means intentionally touching another person in an unlawful or unwanted way. A battery conviction can carry a substantial fine and prison time.

Las Vegas Arrests Can Have Long Term Negative Effects on Your Life

Any arrest for a crime in Las Vegas, including those at hotel pool parties, can have significant long term effects on your life. A conviction on your record can affect employment opportunities and credit applications. Having an experienced criminal defense attorney on your side when you face a Las Vegas arrest is critical.

Las Vegas criminal defense attorney Joseph Gersten has extensive experience defending Las Vegas visitors and residents facing federal and state criminal charges. If you’ve been arrested in Las Vegas at a hotel pool party or anywhere else in Clark County, contact Attorney Gersten to schedule a free consultation.

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9680 W Tropicana Avenue
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Las Vegas, NV 89147
Phone: (702) 857-8777