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Yes. Statutory rape is another term for the Nevada crime of statutory sexual seduction (NRS 200.368). Statutory rape is when an adult has consensual sex with a 14- or 15-year old child. However, Nevada law has a close-in-age exception where 14- and 15-year olds may lawfully have consensual sex with people less than four years older than them.
Statutory rape can be a felony or gross misdemeanor depending on whether the defendant is younger than 21.
Statutory rape occurs when the following four conditions are true:
Penetrative sex includes these sexual acts :
If the adult and child engage in sexual activity without penetration, then the adult would instead face charges for lewdness with a child (NRS 201.230). If the adult and child have sex – and the child is younger than 14 – then the adult would instead face charges for child sexual abuse.
The purpose of statutory rape laws is that teens below Nevada’s age of consent of 16 years old likely lack the maturity to make sexual decisions.
Yes. Also called a close-in-age exception, Nevada’s Romeo & Juliet law permits 14- and 15-year olds to have consensual sex with teenagers less than four years older than them. Therefore, a 14- and a 17-year old may have sex. And a 15- and 18-year old may have sex.
The purpose of this close-in-age exception is that it is normal for teenagers to explore their sexuality with their peers.
Statutory sexual seduction means statutory rape in Nevada.
Yes. The penalties turn on the defendant’s age and criminal history:
Age of defendant | Nevada punishment for statutory rape |
21 years old or older | Category B felony:
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Under 21 years old, and defendant has no prior sex crime convictions | Gross misdemeanor:
|
Under 21 years old, and defendant has a prior sex crime conviction | Category D felony:
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Gross misdemeanor convictions of statutory sexual seduction may be sealed from the defendant’s criminal record two years after the case ends. But felony convictions can never be sealed. Meanwhile, any criminal charge that gets dismissed may be sealed immediately.
Three potential defenses to Nevada charges of statutory rape include:
It is not a defense if the defendant honestly believed the child was old enough to give consent. It makes no difference if the child lied about his/her age or initiated the sex.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.