In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Criminal Law A to Z
In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Crimes by NRS Section
Every crime in Nevada is based in a section of the Nevada Revised Statutes (NRS). For each crime, our attorneys explain the laws, penalties and best defenses to fight the charge.
Nevada DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
Post-Conviction
Even if you’ve already been convicted of a crime, there is still much you can do to seal your record and restore your rights. Our attorneys explain how.
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Like it sounds, “date rape” refers to nonconsensual sex between people who see each other socially. Date rape is a severe crime in Nevada, prosecuted under the state’s sexual assault law NRS 200.366
The legal definition of date rape (also called “acquaintance rape”) is the same as sexual assault, which the state defines as engaging in penetrative sex with a person who does not consent or is not capable of consenting.1
The only distinction between the two acts is that date rape refers to those instances of sexual assault where the accused and the victim were either:
Nevada “date rape” charges often boil down to cases of, “he said/she said.” There is usually no evidence of what happened, so police rely on the two people’s testimony. Therefore, defense attorneys concentrate on undermining the accuser’s credibility, and a common defense in these cases is that the accuser falsely accused the defendant.
Note that alcohol and drugs frequently figure into date rape cases. It is considered rape in Nevada if someone has sex with someone too intoxicated to consent. It does not matter whether the accused honestly believed the victim would have consented.
Date rape is punished as sexual assault in Nevada.
It is a category A felony that carries up to life in prison. The specific length of the sentence depends on:
Read more information about Nevada rape laws and our article, “Can rough sex lead to rape charges in Nevada?”
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, Court TV, 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.
A bill recently introduced in the California legislature would abolish the statute of limitations for rape and a host of other sex crimes. If passed, the law would mean that prosecutors could pursue sexual assault and other charges decades after the acts were allegedly committed. The bill, SB 813, was written by state Senator Connie ...
We all know it’s rape to use physical force or threats to make someone submit to having intercourse. Most of us are also pretty well aware that having sex with an unconscious person, such as someone who is passed-out drunk, also constitutes rape under California law. But what about having sex with an incompetent person? ...
Under Colorado law, prosecutors generally have 20 years to bring sexual assault (CRS 18-3-402) charges after an alleged rape. If the victim was age 15, 16, or 17 at the time of the offense, this 20-year statute of limitation does not begin running until the victim turns 18. However, Colorado prosecutors can bring rape charges ...
Yes, and spousal rape (NRS 200.373) is punished the same as rape /sexual assault (NRS 200.366) of a non-spouse in Nevada. However, the law seems to indicate that marital rape a illegal only when force or threats of force are used. In contrast, a non-spouse can be convicted of rape even if no force or threats ...