Nevada Statutory Sexual Seduction (Statutory Rape) Laws – NRS § 200.364 & § 200.368

• 1. Elements of NRS 200.364
• 2. Defenses
• 3. Penalties
• 4. Record Seals
• 5. Immigration Consequences
• 6. Related Sex Crimes
• Frequently Asked Questions
• Additional Resources

1. Elements of NRS 200.364

For you to be convicted in Nevada of statutory rape (called “statutory sexual seduction”), prosecutors have to prove the following three “elements” beyond a reasonable doubt:

1. The victim was 14- or 15 years old, and
2. You are at least four years older than the victim (so the Romeo and Juliet exception does not apply), and
3. You and the victim had penetrative sex.

Penetrative sex comprises any of the following sex acts:

• Sexual intercourse (vaginal intercourse),
• Anal intercourse,
• Oral sex (cunnilingus or fellatio), or
• Penetration with fingers or objects.

The rationale behind Nevada’s statutory sexual seduction laws is that teens under 16 lack the intellectual and emotional capacity to consent to penetrative sex. However, the Romeo and Juliet law carves out an exception so that 14- and 15-year-olds can explore their sexuality with close-in-age peers, which is normal and inevitable.¹

Statutory Rape vs. Rape

In Nevada, statutory sexual seduction charges apply only when the sex is consensual. Non-consensual sex with a 14- or 15-year old is instead prosecuted as the more serious crime of sexual assault (“rape”).

Meanwhile, there is no Romeo and Juliet exception for children under 14. Therefore, sex with children 13 and younger is always prosecuted as sexual assault, whether consensual or not.

Note that cases involving sexual relations short of penetration are typically prosecuted as lewdness with a child under 16 rather than sexual assault.

NRS 200.364 & .368 has a Romeo & Juliet exception for close-in-age teens.

2. Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with sex crimes, including statutory sexual seduction. In our experience, the following three defenses have proven very effective with Nevada judges, juries, and prosecutors at getting NRS 200.368 charges reduced or dismissed.

1. You were falsely accused. In many cases, false accusers leave a trail of damning voicemails and text messages that reveal their motives for lying. It often stems from anger, revenge, or a misunderstanding. Our job is to conduct a thorough investigation to unearth all the available evidence. If the prosecutors see that your accuser is untrustworthy, they may drop the charges.
2. The alleged victim was old enough to consent. NRS 200.368 charges do not apply if the victim was either at least 16 years old or 14 or 15 years old and less than four years younger than you. If we can show through records and IDs that the victim was old enough to consent and did consent, the charges should be dropped.
3. No penetrative sex occurred. Statutory rape applies only to situations involving penetrative sexual relations. Assuming there is no physical evidence such as video, recorded confessions, or medical records to prove beyond a reasonable doubt that penetrative sex occurred, the D.A. may have no choice but to drop the case for lack of proof.

Note that it is not a defense that you genuinely believed the victim was old enough to consent or that the victim lied to you about their age. This is because statutory rape is a strict liability crime, so your state of mind does not matter.²

3. Penalties

If you are 21 or older, statutory sexual seduction is a category B felony in Nevada. This carries:

• 1 to 10 years in Nevada State Prison,
• Up to $10,000 in fines, and
• Tier III sex offender registration for life.

If you are under 21, a first-time offense of statutory sexual seduction is a gross misdemeanor in Nevada. The punishment is:

• Up to 364 days in jail and/or $2,000 in fines, and
• Tier I sex offender registration for 15 years (though you can petition for early removal after 10 years of compliance).

Note that a successive statutory sexual seduction conviction if you are under 21 is a category D felony in Nevada. The sentence is:

• 1 to 4 years in prison,
• Up to $5,000 fines, and
• Tier III sex offender registration for life.³

Statutory sexual seduction can be a felony or a gross misdemeanor depending on your age and criminal record.

4. Record Seals

In Nevada, gross misdemeanor convictions of statutory sexual seduction can be sealed two years after the case ends. However, you would still be required to register as a sex offender for the full 15 years (or for 10 years if you are granted early termination).

Meanwhile, a felony conviction of statutory sexual seduction may never be sealed. It remains on your criminal record forever.⁴

If your statutory rape charge gets dismissed, you can petition for a record seal right away: It makes no difference whether the original charge was for a felony or a gross misdemeanor.⁵

Learn about how to get a Nevada record seal.

5. Immigration Consequences

Statutory rape in violation of NRS 200.364 and 200.368 is an aggravated felony and therefore deportable.⁶ Non-citizens accused of any sex crime should hire an attorney to try to get the charge reduced to a non-deportable offense.

Nevada’s age of consent is 16 years old.

6. Related Sex Crimes

Sexual Conduct Between Students and School Employees

Nevada prohibits sexual conduct between school employees (such as teachers) and pupils who are at least 16 years old. Student-teacher sex is a category C felony, carrying:

• 1 to 5 years in prison and
• Up to $10,000 in fines.

Learn more about high school student-teacher sex laws and college student-teacher sex laws.

Date Rape

Date rape is a type of sexual assault where you take advantage of someone you know while on a date.

Date rape is punished the same as sexual assault, which carries a life sentence. Parole may be possible depending on the circumstances of the case.

Incest

Incest occurs when two relatives closer than second cousins (or cousins by half-blood) marry or have sexual intercourse. It makes no difference if the sex is consensual.

Incest is a category A felony punishable by two years to life in prison with a possible $10,000 fine. However, the judge may grant probation instead.

Statutory sexual seduction occurs when an adult has sex with a minor below the age of consent.

Frequently Asked Questions

What is the “Romeo and Juliet” law in Nevada and how does it work?

Nevada’s Romeo and Juliet law allows 14- and 15-year-olds to legally consent to sex with partners who are less than four years older than them. However, if the partner is four or more years older, it becomes statutory sexual seduction (statutory rape), even if the sex was consensual.

What happens if I am charged with statutory sexual seduction but I am under 21 years old?

If you are under 21 and it is your first offense, statutory sexual seduction is charged as a gross misdemeanor with up to 364 days in jail, up to $2,000 in fines, and 15 years of sex offender registration. However, if you are 21 or older, it becomes a felony with 1 to 10 years in prison.

Can I use it as a defense if the minor lied about their age?

No, it is not a legal defense that the minor lied about their age or that you genuinely believed they were old enough to consent. Statutory sexual seduction is a “strict liability” crime, meaning your state of mind or knowledge of the victim’s age doesn’t matter under Nevada law.

Can I ever get a statutory sexual seduction conviction removed from my record?

It depends on the level of conviction. Gross misdemeanor convictions can be sealed after two years, but you still must complete sex offender registration. Felony convictions can never be sealed and remain on your record forever. However, if charges are dismissed, you can petition for a record seal immediately.

Additional Resources

If you or a loved one is struggling with sex addiction or related disorders, refer to the following:

• Sex Addicts Anonymous (SAA) – 12-step program to overcome sex addiction.
• Nevada Sex Offender Housing Resources – Housing options for registered sex offenders in Nevada.
• Sex Addiction Treatment – Article by American Addiction Centers about the efficacy of sex addiction treatment.
• Signs of a Sex Addict – WebMD article on the commonalities that sex addicts share.
• Sex Addiction, Hypersexuality and Compulsive Sexual Behavior – Cleveland Clinic article about the traits associated with sex addiction.

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Legal References

1. Nevada Revised Statute 200.364 – Definitions.
   

   (10) “Statutory sexual seduction” means ordinary sexual intercourse, anal intercourse or sexual penetration committed by a person 18 years of age or older with a person who is 14 or 15 years of age and who is at least 4 years younger than the perpetrator.

   NRS 200.368 – Statutory sexual seduction: Penalties.

   A person who commits statutory sexual seduction shall be punished:

   1. If the person is 21 years of age or older at the time of the commission of the offense, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

   2. Except as otherwise provided in subsection 3, if the person is under the age of 21 years, for a gross misdemeanor.

   3. If the person is under the age of 21 years and has previously been convicted of a sexual offense, as defined in NRS 179D.097, for a category D felony as provided in NRS 193.130.

2. Jenkins v. State (Nev. 1994) 877 P.2d 1063. See also Thomas v. Sheriff, Clark County (Nev. 1973) 504 P.2d 1313; Cooper v. State (Nev. 1979) 590 P.2d 166; Mason v. State (Nev.App. 2025) No. 88328-COA.
   
3. See note 1. NRS 179D.097; NRS 179D.113; NRS 179D.117. See also Austin v. State (Nev. 2007) 151 P.3d 60.
4. NRS 179.245.
5. NRS 179.255.
6. See Esquivel-Quintana v. Sessions (2017) 581 U.S. 385.