Does “statutory rape” mean the same thing as “statutory sexual seduction”?

Posted on December 1, 2020

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.

What is statutory rape in Nevada?

Statutory rape occurs when the following four conditions are true:

1. The defendant and child engage in consensual penetrative sex;
2. The defendant is at least 18 years of age;
3. The child is either 14 or 15 years of age; and
4. The defendant is at least four years older than the child.

Penetrative sex includes these sexual acts :

• Vaginal intercourse (sexual intercourse),
• Anal sex,
• Oral sex (cunnilingus or fellatio), or
• Penetration with fingers or objects

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.

Does Nevada have a Romeo & Juliet law?

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.

Can you go to jail for statutory rape?

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: 1 to 10 years in Nevada State Prison, and Up to $10,000 in fines (at the court’s discretion), and Tier III sex offender registration for life
Under 21 years old, and defendant has no prior sex crime convictions	Gross misdemeanor: Up to 364 days in jail and/or up to $2,000 in fines, and Tier I sex offender registration for 15 years
Under 21 years old, and defendant has a prior sex crime conviction	Category D felony: 1 to 4 years in prison, and Up to $5,000 in fines (at the court’s discretion), and Tier III sex offender registration for life

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.

How can you fight the charges?

Three potential defenses to Nevada charges of statutory rape include:

1. The defendant was falsely accused;
2. The alleged victim was old enough to consent; or
3. No penetrative sex occurred.

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.