NRS § 201.180 – Nevada “Incest” Laws & Penalties

NRS § 201.180 is the Nevada law that prohibits incest, which is intermarriage or fornication (sexual intercourse) between relatives closer than second cousins. Incest is a crime even if both relatives consent to the marriage and/or fornication.

As a category A felony, incest carries two years to life of prison time with the possibility of parole plus a possible $10,000 fine. However, you may get probation if your psychosexual evaluations show you do not represent a high risk of reoffending.

In this article, our Las Vegas criminal defense attorneys discuss the following topics re. incest:

• 1. Elements
• 2. Incest vs. Rape
• 3. Penalties
• 4. Defenses
• 5. Record Seals
• 6. Related Offenses
• Additional Resources

1. Elements

For you to be convicted of incest in Nevada, prosecutors have to prove the following two elements of the jury instructions beyond a reasonable doubt:

1. You got married, had sexual intercourse (“fornication”), or committed adultery, and
2. Your partner was a relative who is closer than a second cousin or cousin by half-blood.

The purpose of incest laws is to discourage family sexual abuse as well as inbreeding, which leads to a greater chance of birth defects.¹

The following graphic shows all the family members Nevada incest laws prohibit you from marrying or having sexual intercourse with. (Note that the statute does not specify whether incest comprises marriage or fornication with adopted children.)

2. Incest vs. Rape

Incest is a separate Nevada sex crime from sexual assault (“rape”) under NRS 200.366. Whereas rape involves non-consensual sex, incest is unlawful even if both people are consenting adults.²

Certainly, it is possible to be charged with both rape and incest for the same sexual act.

Example: A man has sex with his adult sibling against her will. He can be prosecuted for both rape (because she did not consent) and incest (because they are closer than second cousins). Had the sibling consented to the sex, then both siblings can be charged with incest.³

3. Penalties

Incest is a category A felony in Nevada, which is the most serious class of crimes.⁴ The court can grant probation if your psychosexual evaluation shows you do not represent a high risk of reoffending.⁵ Otherwise, the punishment for incest is:

• 2 years to life in Nevada State Prison with the possibility of parole and
• Up to $10,000.

In addition, a conviction carries lifetime supervision under NRS 176.0931 and sex offender registration. Depending on the case, it may be possible to get out of lifetime supervision early.⁶

How Judges Decide the Sentence

When determining an incest sentence, Nevada judges will likely consider the following factors:

• How closely related you are to the other person;
• Whether you were both adults (over 18 years of age), both children, or one of each;
• Whether the marriage and/or sexual intercourse was consensual; and
• Whether you knew you were related.

For example, adult first cousins once removed who had consensual intercourse would probably receive a lax sentence because it is arguably a victimless crime where neither party got hurt.

In contrast, an adult male who rapes his minor sister would surely receive a harsher prison term because it involved a closely-related underage victim who was forced to have sex against her will.

4. Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with sex offenses including incest. In our experience, the following four defenses have proven very effective at getting incest charges reduced or dismissed depending on the facts of your case.

1. There was no sexual intercourse (“fornication”).  Under Nevada law, sexual intercourse refers only to vaginal sex between a man and a woman and not to any other types of sexual penetration or conduct.⁷ If the prosecutor cannot prove that you engaged in sexual intercourse specifically, then the incest charge could be dropped.
2. There was no marriage. To be considered married in Nevada, you must have a marriage certificate or be in a common law marriage from another state that recognizes such unions. As long as the prosecutor cannot prove that you were lawfully married, then their allegation that you married a relative cannot stand.
3. You and your partner were not closely-related.  A blood test is usually enough to show that you and your partner are not closer than second cousins. Once the results come back in your favor, the incest charge should be dropped.
4. You did not know you and your partner were closely-related. Technically, knowing that you and your partner were closer than second cousins is not an element of incest. However, if you genuinely had no idea that you two were closely related, we may be able to persuade the prosecutor to give you a break by dropping the charge or at least agreeing to a favorable plea bargain.

Another potential defense to incest charges is that law enforcement committed misconduct such as coercing your confession or performing an unlawful search. Any evidence that the police unlawfully obtained can be suppressed, which may leave the D.A. with too weak of a case to prosecute.

5. Record Seals

Nevada incest convictions can never be sealed. That is why it is so important to hire experienced counsel to try to get the charge reduced or dropped. Dismissed incest charges can be sealed immediately.⁸

Learn how to seal Nevada criminal records.

6. Related Offenses

• Bigamy (NRS 201.160) – Knowingly having more than one spouse at the same time.
• Lewdness with a minor (NRS 201.230) – Touching a child under 16 with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of you or the child.
• Statutory sexual seduction (NRS 200.368) – Consensual sex with a minor aged 14 or 15 (and the Romeo and Juliet close-in-age exception does not apply).
• Pandering (NRS 201.300) – Enticing or persuading an adult to engage in prostitution.
• Solicitation (NRS 201.354) – Offering or agreeing to engage in prostitution.
• Open and gross lewdness (NRS 201.210) – Engaging in sexual activity in public view or having non-consensual sexual conduct short of penetration.
• Indecent exposure (NRS 201.220) – Exposing your genitalia or anus in public or in a private place open to public view.
• Child abuse or neglect (NRS 200.508) – Willfully causing a minor to suffer unjustifiable physical pain, mental suffering, or sexual exploitation.

Additional Resources

If you are a victim of incest, our Las Vegas sexual assault attorneys suggest you refer to the following:

• RAINN – National sexual assault hotline providing free, confidential support for survivors 24/7.
• Crisis Support Services of Nevada – Free, confidential 24/7 support to survivors throughout Northern Nevada.
• Signs of Hope – 24/7 rape crisis hotline.
• The Nevada Coalition to End Domestic and Sexual Violence – Statewide advocacy, education and support of the front-line organizations that help victims.
• Nevada Victims of Crime Program – Financial assistance for survivors.

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Legal References