Oral Copulation with a Minor – The Law in Nevada

It is unlawful in Nevada to have penetrative sex such as oral sex (“oral copulation”) with a minor under 16. It does not matter if the minor initiated or wanted the sex because 16-year-olds are too young to consent to 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. Therefore, Nevada has a “Romeo and Juliet” exception that says:

• 14-year-olds may consent to sex with partners up to 17 years old; and
• 15-year olds may consent to sex with partners up to 18 years old.

Still, it remains a crime for 14- and 15-year-olds to have sex with anyone who is four or more years older than them. Meanwhile, it is never lawful to have sex with children 13 or younger.¹

What are the 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 sex 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, as the following table shows.

Age of Defendant	Statutory Rape Sentence in Nevada
21 or older	Category B felony:  1 to 10 years in Nevada State Prison; up to $10,000; and Tier III sex offender registration for life
Under 21 and four or more years older than the minor	Gross misdemeanor if you have no prior sex crime convictions:  Up to 364 days in jail and/or up to $2,000 in fines; and Tier I sex offender registration for 15 years Category D felony if you have a prior sex crime conviction:  1 to 4 years in prison; up to $5,000; and Tier III sex offender registration for life

Meanwhile, non-consensual oral sex with a 14- or 15-year-old is 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 sex 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 sex 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

How do I fight the charges?

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:

1. The victim was of age and consented to the sex acts;
2. You were falsely accused by the alleged victim; and/or
3. 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

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).

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Legal References