The “Age of Consent” in Nevada – A Guide to What It Means

16 Years Old 

In Nevada, the age of consent is 16, which means that individuals under the age of 16 are considered too young to give legal consent to sexual activity. Engaging in sexual contact with a person who is 15 years old or younger can result in criminal prosecution for statutory rape or lewdness with a child.

It is important to note that even if the minor appears to be willing and consents to sexual activity, the law does not recognize such consent as valid due to the minor’s age and vulnerability.

That being said, Nevada also has a Romeo and Juliet exception that allows minors ages 14 or 15 to have consensual sex with partners who are less than four years older than them.

Penalties include sex offender registration.

Below our Las Vegas criminal defense attorneys discuss:

• 1. What is the age of consent in Nevada?
• 2. What is statutory rape?
• 3. Does Nevada have a “Romeo & Juliet” law?
• 4. What is “lewdness with a minor under 16?”
• 5. What about sex between students and teachers?
• 6. Are there legal defenses?
• 7. How old do you have to be to get married in Nevada?
• 8. Raising the consenting age

1. What is the age of consent in Nevada?

Sixteen (16) is the legal age of consent in Nevada.¹ Children under 16 cannot consent to penetrative sex. It is irrelevant if the child is mature. It is also irrelevant if the child initiates the sex.

“Age of consent” laws should deter adults from seeking underage sex partners. Sex carries major risks. And children are not mature enough to make these decisions.

2. What is statutory rape?

The legal term is statutory sexual seduction. Statutory rape occurs when an adult:

1. Is at least 18 years old,
2. Has consensual penetrative sex with a child aged 15 or 14, and
3. Is at least four (4) years older than the child²

This applies to all types of sexual conduct with penetration. It makes no difference if the adult and child are opposite- or same-sex.

Examples of sexual penetration include:

• Vaginal intercourse
• Oral sex (fellatio or cunnilingus)
• Anal sex
• Analingus
• Fingering
• Inserting body parts or objects (even just slightly) into a person’s vagina or anus
• Penetrative sex with animals³

A person may be found guilty of statutory rape even if he/she genuinely believed the child was at least 16. It is not a defense to statutory rape charges that the child lied about being of age.⁴

The penalties depend on the age of the defendant. The crime of statutory rape is a category B felony if the defendant is at least 21. The sentence is:

• One to ten (1 – 10) years in Nevada State Prison, and
• Possibly up to $10,000 in fines, and
• Tier 3 sex offender (NRS 179D.117) status

Penalties are less harsh when the defendant is younger than 21. Then statutory rape is a gross misdemeanor. The penalty carries:

• Up to 364 days in jail and/or up to $2,000 in fines, and
• Tier I sex offender (NRS 179D.113) registration⁵

Rape charges only apply when the sex is not consensual. The legal term for rape is sexual assault. Learn more about rape charges (NRS 200.366).⁶

3. Does Nevada have a “Romeo & Juliet” law?

Nevada has a close in age exception to statutory rape. Children age 14 and 15 can have consensual sex with people less than four (4) years older.

Example: Jamie is an 18-year-old high school senior. She is in a sexual relationship with 15-year-old sophomore Kelly. Jamie at 18 is an adult. Kelly at 15 is under the minimum age for consensual sexual activity. But Jamie should not face criminal charges for statutory rape because their age difference is less than four (4) years. In short, Jamie and Kelly fall under the “close-in-age” exception.

This close-in-age exception is also called a Romeo and Juliet law. It is a relatively new law: It was instituted only in 2015.⁷

4. What is “lewdness with a minor under 16?”

Adults who molest children without penetration face lewdness charges. The most common lewdness example is groping.

Penalties for lewdness turn on the age of the child. It is a category A felony in Nevada if the child is under 14. A first offense carries:

• Life in prison with the possibility of parole after ten (10) years,
• Possibly a fine of up to $10,000, and
• Sex offender status

There is no parole if the defendant has a prior lewdness conviction. It does not matter if the prior case was in Nevada or elsewhere.

Lewdness is a category B felony if the minor is 14 or 15. It carries the same penalty as statutory rape by a 21+ adult:

• One to ten (1 – 10) years in prison,
• Possibly a fine of up to $10,000, and
• Sex offender status⁸

5. What about sex between students and teachers?

Nevada forbids sexual contact between students and school employees who are at least age 21. It makes no difference if the students are at the age of consent. There is always a power imbalance.⁹

The “sexual conduct” that NRS 201.540-.550 forbids includes:

• Penetrative sex (scroll up to section 2 for a full definition)
• Oral-genital contact
• Contact with unclothed genitals or pubic area to arouse or gratify the sexual desire of either person
• Sadomasochistic abuse
• Lewd exhibition of unclothed genitals
• Any lewd or lascivious act upon the body¹⁰

Student-teacher sex is a category C felony in the state of Nevada. The punishment includes:

• One to five (1 – 5) years in prison, and
• Possibly up to $10,000 in fines, and
• Sex offender status¹¹

Statutory rape or lewdness charges would apply if the student is under 16. Scroll up to sections 2 and 4 for more information on these crimes.

Learn more about student-teacher sex laws (NRS 201.540). And learn more about student-teacher sex in college laws (NRS 201.550).

6. Are there legal defenses?

Many people accused of sex crimes are innocent. Here are common defenses:

• False accusations.  People may lie about being victims. The motivation may be anger, jealousy, or revenge. Or it may be to change the outcome of a child custody hearing. The defense attorney might be able to show that the accuser is lying. Valuable evidence may include old text messages and eyewitnesses. If the defense attorney can persuade the D.A. that the allegations were fake, the case should be dismissed.
• Age of consent.  Statutory sex or lewdness charges apply only if the victim was under 16. If the D.A. fails to establish that the alleged victim was under age 16, the criminal case should be dismissed.
• No sexual conduct occurred.  The accuser could have misconstrued the touching as sexual. Or the touching could have been accidental. The prosecution has to prove sexual touching occurred beyond a reasonable doubt. Charges should not stand if the defense attorney shows that the state’s case is too weak.

Honestly believing the child was at least 16 is not a defense. It makes no difference if the child lied about his/her age.¹²

7. How old do you have to be to get married in Nevada?

The age of majority in Nevada is 18.¹³ People aged 18 or older get can get married without permission. 17-year olds may marry if:

• The minor has the consent of either parent or the minor’s legal guardian, and
• The minor obtains authorization from a district court after the court holds an evidentiary hearing and makes certain findings¹⁴

8. Raising the consenting age under NRS 200.364

Like Nevada, the majority of U.S. state laws recognize 16 as the age where children can consent to have sex. There is no initiative to raise the consenting age in Nevada. At least, not at this time.

Other lawmakers in other states are seeking to raise the age of consent to 18. Indiana State Rep. Karlee Macer proposed raising the consenting age from 16 to 18.¹⁵

Call a Nevada criminal defense attorney…

Accused of violating Nevada age of consent laws? Call our Las Vegas criminal defense lawyers.

Arrested in California? Go to our article on Penal Code 261.5 PC. Also go to our article on age of consent laws.

Arrested in Colorado? Go to our article about age of consent laws.

---

Legal References