Like all states, Nevada has an “age of consent” law that specifies the minimum age that someone can legally consent to sexual activity. Those who engage in sexual contact with someone younger than the legal age of consent can face criminal charges with serious penalties.
Contact Adras & Altig, Attorneys at Law for more information on Nevada’s age of consent law, the various penalties for violating it, and certain exceptions.
Age of Consent in Nevada
Nevada’s statutory age of consent is 16, as is the case in most states. This means minors who are not yet 16 years old cannot legally consent to sexual activity. Consequently, sexual contact with someone 15 or younger can result in criminal prosecution.
It is also a crime for school employees aged 21 and older to engage in sexual activity with a student, even if the student is over 16. A charge for sexual crimes against a minor in Nevada can result in a felony conviction punishable by prison time, fines, and registration as a sex offender.
What Is Statutory Rape?
Having sexual intercourse with someone too young to give legal consent is a crime known as statutory rape in Nevada. This offense is prosecuted as “statutory sexual seduction,” defined as consensual sexual penetration involving both:
- A victim who is 14 or 15 years old
- A defendant who is a legal adult and at least four years older than the victim
If a legal adult engages in sexual penetration of any kind with a person younger than 14, the offense is prosecuted as sexual assault. It’s irrelevant whether or not the victim appeared to consent to the sexual activity in both sexual assault and statutory sexual seduction cases, as underage individuals cannot legally provide consent.
Nevada’s Romeo and Juliet Exception
Like many other states, Nevada has adopted “Romeo and Juliet” exceptions for cases of consensual sexual activity between teenagers who are close in age, even if one of them is a legal adult. This close-in-age exception allows teens aged 14 and older to have consensual sex with teenagers who are less than four years older than they are.
For example, an otherwise consensual sexual encounter between an 18-year-old and a 14-year-old is a crime. However, a consensual sexual encounter between an 18-year-old and a 15-year-old is legal.
What Is Lewdness with a Minor Under 16?
When legal adults engage in sexual contact with minors without penetration, the most common associated charge is “lewdness with a minor under 16.” Lewdness with a minor who is 14 or 15 years old is typically prosecuted as a category B felony, with associated penalties such as a prison sentence between one and 10 years, fines of up to $10,000, and the requirement to register as a sex offender. Lewdness with a minor under 14 is prosecuted as a category A felony, punishable by life in prison, fines of up to $10,000, and sex offender status.
Contact a Nevada Criminal Defense Attorney to Help Your Case
The penalties for a conviction of statutory rape or other violations of Nevada’s age of consent laws can have life-changing repercussions. If you are facing sex crime charges in Nevada, you should contact the local criminal defense attorneys of Adras & Altig, Attorneys at Law to learn more about your options in a free, confidential consultation.
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