Sex work—the exchange of sexual services for money or goods—has existed for millennia and has been viewed with alternating tolerance and moral condemnation. In the US, practices akin to sex work date back to colonial times. In the 19th century, brothels and commercialized sexual services were documented across the US. This history complicates the notion that sex work is a new issue or the result of present-day corruption.

Today, transactional sex is illegal in most US jurisdictions and is typically treated as a misdemeanor for both buyers and sellers outside specific contexts. Federal law does not explicitly criminalize prostitution, but most states do. However, one state has partially legalized sex work: In 10 out of 17 counties in Nevada, it is legal in licensed brothels, which operate under strict location and health regulations. Sex work is illegal in Las Vegas, Nevada, a city that nevertheless acts as a symbolic center of the commercial sex industry. All of these inconsistencies create unpredictable enforcement and contribute to the marginalization of people involved in sex work. As the vast majority of sex work is not monitored or regulated, providers face vulnerability to violence and health risks.

Systemic inequalities like poverty and gender norms influence participation in the sex industry. Transactional sex often disproportionately occurs in areas with fewer economic opportunities. Often, the decision to engage in sex work is made for survival rather than out of a wealth of options. However, for some, it offers flexibility, good pay, and rewarding work (“Understanding Sex Work in an Open Society.” Open Society Foundations, Apr. 2019).

Attitudes toward sex work are deeply divided. Advocacy groups and many social scientists argue for the decriminalization or legalization of sex work as a means to protect rights and reduce the likelihood of exploitation and assault (“ACLU Research Brief: Is Sex Work Decriminalization the Answer? What the Research Tells Us.” aclu.org, October 16, 2020). Others worry that legalizing sex work will create a “slippery slope” effect.