Nevada repealed its anti-sodomy legislation several years ago, but some offshoots of the law still remain for the purpose of preventing public sexual displays and protecting children. If you're convicted, you face several years in prison, hefty fines, and a sullied criminal record that could keep you from being hired for a job.
Our Las Vegas criminal defense lawyers have decades of experience in defending clients charged with sex offenses and negotiating favorable resolutions including reduced charges and full dismissals. Keep reading to learn more about the current state of Nevada's sodomy laws and how we can help your case.
Definition of sodomy in Nevada
Formerly in Nevada, the legal definition of "sodomy" referred to almost any sex act involving penetration that was not vaginal intercourse. This means that before Nevada's sodomy law was repealed in 1993, you technically could've been arrested and imprisoned for engaging in either anal intercourse or oral sex irrespective of your gender.
Currently it is perfectly legal in Nevada for consenting adults to engage in oral sex and anal sex. (The Nevada age of consent is 16). Now all that remains of the state's former anti-sodomy legislation is the following law which is meant to protect public decency and children:
These laws are strangely narrow because they do not prohibit having vaginal sex in public. However, there are other charges the state may bring such as "open and gross lewdness in Nevada (NRS 201.210)" and "statutory sexual seduction in Clark County (NRS 200.368)" to prosecute those other crimes.
Defenses to Nevada sodomy charges
As with the Nevada crime of sexual assault (NRS 200.366), typical defenses for these kinds of charges include false allegations and insufficient evidence. As long as the prosecution can't prove your guilt beyond a reasonable doubt, which is a very high standard, then your case should be dismissed.
Penalties for sodomy in Nevada
It is a category D felony in Nevada for an adult to have anal or oral sex in public. The standard sentence includes:
- one to four years in Nevada State Prison, and
- maybe $5,000 in fines
- Tier I Nevada sex offender registration (NRS 179D.113)
Charged? Call us . . . .
If after reading this you need more information or would like to talk to us about defending your case, call our Las Vegas criminal defense lawyers at 702-DEFENSE (702-333-3673) for a free consultation today. We may be able to negotiate with the prosecutors to lower your charges or even dismiss them outright so your record stays clean.
If you'd like to read about sodomy laws in California, then visit our information page on California sodomy laws (Penal Code 286 PC).