It is unlawful in Nevada to have oral sex (“oral copulation”) with a minor under 16. It does not matter if the minor initiated or wanted the oral sex because 16-year-olds are too young to consent to penetrative sex in the eyes of the law.
However, lawmakers recognize that young adults “hook up” with each other and that sexual exploration with close-in-age peers is normal. This is why Nevada has a Romeo and Juliet exception that says:
- 14-year-olds may consent to penetrative sex (such as oral copulation) with partners up to 17 years old; and
- 15-year-olds may consent to penetrative sex (such as oral copulation) with partners up to 18 years old.
Still, it remains a crime for 14- and 15-year-olds to have oral copulation with anyone who is four or more years older than them. Meanwhile, it is never lawful to have oral copulation with children 13 or younger.1
Penalties
The punishment for having oral sex with someone under 16 – Nevada’s age of consent – depends on the circumstances and age of the minor.
The Minor Is 13 or Younger
Having oral copulation with a child 13 or younger is prosecuted as sexual assault (“rape”), which is always a category A felony. It typically carries life in prison with the possibility of parole after 35 years.
However, there is no possibility of parole if either:
- The child sustained substantial bodily harm; or
- You already had a prior rape conviction with a child under 16.2
The Minor Is 14 or 15
Consensual oral copulation with a 14- or 15-year-old is prosecuted as statutory rape (“statutory sexual seduction”) in Nevada. The severity of the consequences turns on your age.
If you are 21 or older, consensual oral copulation with a 14- or 15-year-old is a category B felony carrying one to 10 years in Nevada State Prison, up to $10,000, and tier III sex offender registration for life.
If you are under 21 and four or more years older than a 14- or 15-year-old, consensual oral copulation is either a:
- Gross misdemeanor if you have no prior sex crime convictions. This carries up to 364 days in jail and/or up to $2,000 in fines; plus tier I sex offender registration for 15 years; or
- Category D felony if you have a prior sex crime conviction. This carries 1 to 4 years in prison and up to $5,000 plus tier III sex offender registration for life.
Meanwhile, non-consensual oral sex with a 14- or 15-year-old is always prosecuted as sexual assault (“rape”) carrying life in prison with the possibility of parole after 25 years. Though if the minor sustains substantial bodily harm, there is no possibility of parole.3
The Minor Is 16 or 17
Consensual oral copulation with a 16- or 17-year-old in Nevada is no crime because 16 is the state’s age of consent.
Meanwhile, non-consensual oral copulation is prosecuted as sexual assault (“rape”) carrying life in prison with the possibility of parole after 10 years. However, if the minor sustains substantial bodily harm, the court may impose:
- Life in prison without the possibility of parole or
- Life in prison with the possibility of parole after 15 years.4
Unless the Romeo and Juliet law applies, penetrative sex such as oral copulation with a minor under 16 is a Nevada crime.
Defenses
Here at Las Vegas Defense Group, I have represented literally thousands of people charged with sex crimes, including cases involving oral copulation with a minor. In my experience, the following three defenses have proven very effective with prosecutors, judges, and juries:
- The victim was of age and consented to the sex acts;
- You were falsely accused by the alleged victim; and/or
- Law enforcement committed misconduct, such as coercing your confession.
Prosecutors understand that young people often make up stories because they are angry or carried away by social movements such as #MeToo. Often there is no physical evidence or witnesses, which may leave prosecutors unable to prove guilt beyond a reasonable doubt.
However, it is not a viable defense that you did not know the child was underage. Even if the child lied about being at least 16 and appeared at least 16, it is still unlawful to have sexual relations with them (unless the Romeo and Juliet law applies).5
Oral copulation with a minor is charged as either rape or statutory rape in Nevada.
Related Crimes
- Child abuse – Abusing, neglecting, or exploiting children under 18.
- Child pornography – The possession, production, or promotion of the sexual depiction of children under 16.
- Child trafficking – Buying or selling a child or permanently leaving a child with a non-relative.
- Lewdness with a minor – Non-penetrative sexual touching a child under 16.
- Selling obscene materials to minors – Selling, giving, or showing pornography to a child under 18.
Additional Resources
For more information, refer to the following:
- National Sexual Assault Hotline: Confidential 24/7 Support – Help and guidance by the Rape, Abuse & Incest National Network (RAINN).
- What is statutory rape? – Article provided by WomensLaw.org.
- What is statutory rape? – Summary provided by AgeofConsent.net.
- Constitutionality of Statutory Rape Laws – Scholarly article in UCLA Law Review.
- Statutory Rape: A Guide to State Laws and Reporting Requirements – Overview by the Office of the Assistant Secretary for Planning and Evaluation (ASPE).
Legal References
- NRS 200.364.
- NRS 200.366.
- Same. NRS 200.368.
- See note 2.
- Jenkins v. State (Nev. 1994) 877 P.2d 1063. See also Morrison v. State (Nev.App. 2024) .
