Question 1

What is the age of consent in Nevada?

Accepted Answer

Sixteen (16) is the age of consent in Nevada. Children under 16 cannot consent to penetrative sex. It is irrelevant if the child is mature. It is also irrelevant if the child initiates the sex. Age of consent laws should deter adults from seeking underage sex partners. Sex carries major risks. And children are not mature enough to make these decisions.

Question 2

What is statutory rape?

Accepted Answer

The legal term is statutory sexual seduction. Statutory rape occurs when an adult is at least 18-years-old, has consensual penetrative sex with a child aged 15 or 14, and is at least four (4) years older than the child. This applies to all types of sexual conduct with penetration. It makes no difference if the adult and child are opposite- or same-sex. Examples of penetrative sex include vaginal intercourse, oral sex (fellatio or cunnilingus), anal sex, analingus, fingering, inserting body parts or objects (even just slightly) into a person's vagina or anus, penetrative sex with animals. A person may be found guilty of statutory rape even if he/she genuinely believed the child was at least 16. It is not a defense to statutory rape charges that the child lied about being of age. The penalties depend on the age of the defendant. Statutory rape is a category B felony if the defendant is at least 21. The sentence is one to ten (1 - 10) years in Nevada State Prison, and possibly up to $10,000 in fines, and Tier 3 sex offender (NRS 179D.117) status. Penalties are less harsh when the defendant is younger than 21. Then statutory rape is a gross misdemeanor. The penalty carries up to 364 days in jail and/or up to $2,000 in fines, and Tier I sex offender (NRS 179D.113) registration. Rape charges only apply when the sex is not consensual. The legal term for rape is sexual assault.

Question 3

Does Nevada have a Romeo & Juliet law?

Accepted Answer

Nevada has a close in age exception to statutory rape. Children age 14 and 15 can have consensual sex with people less than four (4) years older. Example: Jamie is an 18-year-old high school senior. She is in a sexual relationship with 15-year-old sophomore Kelly. Jamie at 18 is an adult. Kelly at 15 is under consenting age. But Jamie is not guilty of statutory rape because their age difference is less than four (4) years. In short, Jamie and Kelly fall under the close-in-age exception. This close-in-age exception is also called a Romeo and Juliet law. It is a relatively new law: It was instituted only in 2015.

Question 4

What is lewdness with a minor under 16?

Accepted Answer

Adults who molest children without penetration face lewdness charges. The most common lewdness example is groping. Penalties for lewdness turn on the age of the child. It is a category A felony in Nevada if the child is under 14. A first offense carries: Life in prison with the possibility of parole after ten (10) years, possibly a fine of up to $10,000, and sex offender status. There is no parole if the defendant has a prior lewdness conviction. It does not matter if the prior case was in Nevada or elsewhere.Lewdness is a category B felony if the minor is 14 or 15. It carries the same penalty as statutory rape by a 21+ adult: One to ten (1 - 10) years in prison, possibly a fine of up to $10,000, and sex offender status.

Question 5

What about sex between students and teachers?

Accepted Answer

Nevada forbids sex between students and school staff who are at least age 21. It makes no difference if the students are at the age of consent. There is always a power imbalance. The sexual conduct that NRS 201.540-.550 forbids includes: Penetrative sex (scroll up to section 2 for a full definition), oral-genital contact, contact with unclothed genitals or pubic area to arouse or gratify the sexual desire of either person, sadomasochistic abuse, lewd exhibition of unclothed genitals, or any lewd or lascivious act upon the body. Student-teacher sex is a category C felony in Nevada. The punishment includes: One to five (1 - 5) years in prison, and possibly up to $10,000 in fines, and sex offender status. Statutory rape or lewdness charges would apply if the student is under 16.

Question 6

Are there legal defenses?

Accepted Answer

Many people accused of sex crimes are innocent. Here are common defenses: False accusations. People may lie about being victims. The motivation may be anger, jealousy, or revenge. Or it may be to change the outcome of a child custody hearing. The defense attorney might be able to show that the accuser is lying. Valuable evidence may include old text messages and eyewitnesses. If the defense attorney can persuade the D.A. that the allegations were fake, the case should be dismissed.Age of consent. Statutory sex or lewdness charges apply only if the victim was under 16. If the D.A. fails to establish that the alleged victim was under age 16, the criminal case should be dismissed.No sexual conduct occurred. The accuser could have misconstrued the touching as sexual. Or the touching could have been accidental. The prosecution has to prove sexual touching occurred beyond a reasonable doubt. Charges should not stand if the defense attorney shows that the state's case is too weak.Honestly believing the child was at least 16 is not a defense. It makes no difference if the child lied about his/her age.

Question 7

How old do you have to be to get married in Nevada?

Accepted Answer

The age of majority in Nevada is 18. People aged 18 or older get can get married without permission. 17-year olds may marry if: The minor has the consent of either parent or the minor's legal guardian, and the minor obtains authorization from a district court after the court holds an evidentiary hearing and makes certain findings.

Question 8

Raising the consenting age under NRS 200.364

Accepted Answer

Like Nevada, the majority of U.S. states recognize 16 as the age where children can consent to have sex. There is no initiative to raise the consenting age in Nevada. At least, not at this time. Other lawmakers in other states are seeking to raise the age of consent to 18. Indiana State Rep. Karlee Macer proposed raising the consenting age from 16 to 18.

Edad del acusado	Sentencia en Nevada por violación estatutaria
21 años o más	Delito grave categoría B: 1 – 10 años en Prisión Estatal de Nevada, hasta $10,000, y registro de delincuentes sexuales Nivel III
Menor de 21 años, sin condenas previas por delitos sexuales	Delito menor grave: Hasta 364 días en la cárcel y/o hasta $2,000, y registro de delincuentes sexuales Nivel I
Menor de 21 años, con condena previa por delito sexual	Delito grave categoría D: 1 – 4 años en prisión, hasta $5,000, y registro de delincuentes sexuales Nivel III

Actos lascivos con un menor	Penas en Nevada
La víctima es menor de 14 años	Delito grave categoría A: cadena perpetua con posibilidad de libertad condicional después de 10 años, hasta $10,000, y estatus de delincuente sexual Nivel III.
La víctima tiene 15 o 16 años	Delito grave categoría B: 1 – 10 años en prisión, hasta $10,000, y estatus de delincuente sexual Nivel II.

1. Edad de Consentimiento en Nevada

2. Ley Romeo y Julieta

3. Seducción Sexual Estatutaria

4. Actos lascivos con un menor de 16 años

5. Sexo entre estudiantes y profesores

6. Defensas legales

7. Edad mínima para casarse

8. Aumento de la edad de consentimiento

9. Lectura adicional

Referencias legales

La “Edad de Consentimiento” en Nevada – Una guía de lo que significa