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Can a child consent to sex under Nevada Law?

Posted by Neil Shouse | Feb 23, 2015 | 0 Comments

Not if the child is 15 years old or younger.

In Nevada, the "age of consent" is 16. This means that it is automatically illegal for anyone to have sex with a child aged 15 or younger. It does not matter if the child is mature for his/her age or initiates the sex or if he/she lied to the sex partner about being of age.

In Nevada, the act of having sex with a child under 16 is the crime of "statutory sexual seduction," which is the state's legal term for "statutory rape." Note that Nevada statutory rape laws outlaws any kind of sexual penetration between adults and children, including oral, digital and anal penetration. Also note that if the child is a student and the sex partner is a teacher, coach or employee at his/her school, the age of consent is raised to 18.

The penalties for statutory sexual seduction under NRS 200.368 depend on the age of the defendant. If the defendant is 21 or older, it is a category C felony carrying:

  • 1 - 5 years in Nevada State Prison, and
  • maybe up to $10,000 in fines

If the defendant is under 21, it is a gross misdemeanor in Nevada, carrying:

  • up to 364 days in jail, and/or
  • up to $2,000 in fines

Meanwhile, it is a category B felony for a teacher or school employee to have sex with a student aged 14 or 15, carrying:

  • 1 - 6 years in Nevada State Prison, and
  • maybe up to $5,000 in fines

In addition, the court may order that the defendant register as a sex offender. Read more information on Nevada statutory rape laws.

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).

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