• 1. “Statutory Rape” Defined
• 2. Romeo & Juliet Law
• 3. Penalties
• 4. Defenses
• 5. Sex Registration
• 6. Record Seals
• 7. Immigration Consequences
• 8. Related Sexual Offenses
• Additional Resources

1. “Statutory Rape” Defined

Statutory rape — called statutory sexual seduction in Nevada — has four “elements” that the prosecutor must prove in court:

1. You and the victim have penetrative sex;
2. You are at least 18 years old;
3. The victim is 14 or 15 years old; and
4. You are at least four years older than the victim.

Penetrative sex comprises any of the following sex acts:

• Ordinary sexual intercourse (vaginal intercourse),
• Anal intercourse,
• Cunnilingus,
• Fellatio, or
• Penetration with fingers or objects.

If no penetrative sex occurs, adults who have sexual contact with a minor instead face sexual abuse charges for lewdness with a child (NRS 201.230).

The rationale behind statutory seduction laws is that young teens lack the intellectual and emotional capacity to consent to penetrative sex. In Nevada, 16 is the age of consent (NRS 200.364).¹

2. Romeo & Juliet Law

Nevada has a Romeo & Juliet law, also called a “close-in-age exception” to statutory sexual seduction. It allows minors ages 14 and 15 to have sex with teens less than four years older than them.²

Example: Rex is 18 years old. He has consensual sex with Kyla, who is 15. Even though Kyla is under the age of consent, Rex is not committing statutory rape. This is because their age difference is less than four years. Rex and Kyla fall under the “close-in-age exception.”

If Rex in the above example was 19, he would be committing statutory sexual seduction. That is because he would then be at least four years older than Kyla.

NRS 200.368 has a Romeo & Juliet exception for close-in-age teens.

3. Penalties

The punishment for statutory sexual seduction in Nevada depends on your age.

If you are 21 or older, statutory sexual seduction is a category B felony, carrying:

• 1 to 10 years in 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, carrying:

• Up to 364 days in jail and/or $2,000 in fines, and
• Tier I sex offender for 15 years.

Note that a successive statutory sexual seduction conviction if you are under 21 is a category D felony, carrying:

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

4. 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 judges, juries, and prosecutors at getting these charges reduced or dismissed.

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.⁴

You Were Falsely Accused

Sometimes people get falsely accused of statutory sexual seduction out of anger, revenge, or a misunderstanding. In some cases, these false accusers leave a trail of damning voicemails and text messages that reveal their motives for lying.

Our job would be to conduct a thorough investigation to unearth all the available evidence. If the prosecutors see that your accuser may be untrustworthy, they may drop the charges.

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 you can show through records and IDs that the victim was old enough to consent, the charges should be dropped.

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 to drop the case.

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

5. Sex Registration

If you are convicted in Nevada of felony statutory sexual seduction, you must register as a Tier III sex offender for life. There is no way to get off the registry early.

If you are convicted of gross misdemeanor statutory rape, you must register as a Tier I sex offender for 15 years. However, it may be possible to get off the registry after only 10 years if you are fully compliant.⁵

6. Record Seals

Gross misdemeanor convictions of statutory sexual seduction can be sealed two years after the case ends. However, felony convictions may never be sealed.⁶

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.⁷

Learn about how to get a Nevada record seal.

7. Immigration Consequences

Statutory rape in Nevada is an aggravated felony and therefore a deportable offense.⁸ Non-citizens accused of it should hire an attorney right away to try to get the charge reduced to a non-deportable offense.

8. Related Sexual Offenses