NRS § 201.230 defines the Nevada crime of lewdness with a child as touching a minor under the age of 16 “with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child.”
The penalties differ based on the age of the victim. The chart below illustrates:
| Age of the child | Nevada penalties for lewdness with a child |
| Under 14 years old | Category A felony:
If you have a prior conviction for a similar offense, you may not be paroled. |
| 14 or 15 years old | Category B felony:
|
Note that if you are investigated for or arrested on lewdness charges, you should exercise your right to silence and say nothing to the police. Police can take a totally innocent story and twist it in a way that suggests guilt. If you are under investigation for a crime, you should never speak with law enforcement without your attorney present.
In this article, our Las Vegas criminal defense attorneys discuss:
- 1. What is “lewdness with a minor”?
- 2. What are the penalties?
- 3. What are the best defenses?
- 4. How long does the state have to file charges?
- 5. What are the immigration consequences?
- 6. Is the criminal record sealable?
- Additional Resources
1. What is “lewdness with a minor”?
Nevada’s legal definition of lewdness with a child under 16 is intentionally touching a child under 16 years old in a sexual way and with the intent to arouse or appeal to either person’s sexual desire. It does not matter if the child consented to or initiated the sexual acts.
You may be convicted of lewdness with a child even if the touching does not involve a sexual organ. Touching any part of a child is lascivious conduct that qualifies as lewdness as long as it is done for sexual gratification.1
NRS 201.230 prohibits lewdness with a child under 16 years old in Nevada.
Lewdness Versus Sexual Assault
The primary difference between the Nevada crimes of lewdness with a minor under 16 and sexual assault/rape (NRS 200.366) has to do with the extent of the sexual conduct. You commit sexual assault only if the touching involves sexual penetration, such as:
- sexual intercourse
- anal sex
- oral sex
- digital penetration (“fingering”)
- penetration with an object in a sexual way
Though if the sexual contact does not involve penetration, the person is liable for lewdness but not sexual assault.2
Learn more in our article on the age of consent in Nevada.
2. What are the penalties?
Nevada’s punishment for lewdness with a minor depends on the age of the victim. If the child is under 14 years old, you are prosecuted for a category A felony. A first offense carries:
- life imprisonment in Nevada State Prison with the possibility of parole after 10 years,
- sex offender registration, and
- a fine of up to $10,000 (at the judge’s discretion)
However, if you already have a prior conviction for the same or comparable sex offense, there is no possibility of parole.
If the child is 14- or 15 years old, then lewdness with a minor is a category B felony in Nevada. The sentence is:
- 1 year to 10 years in prison,
- sex offender registration, and
- a fine of up to $10,000 (at the judge’s discretion)
Note that lewdness with a child also carries lifetime supervision under NRS 176.0931. However, it may be possible to get off lifetime supervision after 10 years.
3. What are the best defenses?
Here at Las Vegas Defense Group, we have represented literally thousands of people charged with sex crimes, including lewdness with a child. In our experience, the following three defenses have been very effective with prosecutors, judges, and juries at reducing or dismissing these charges.
There Was No Sexual Intent
Claiming you lacked any sexual intent during the touching is a strong defense because prosecutors have no way of getting inside of your head and knowing what you were thinking. There are many ways we can raise a reasonable doubt as to your intentions, such as by arguing that:
- the incident was an accident, or
- you were suffering from a seizure, or
- the child placed your hand on them.
However, you could still face charges for battery (NRS 200.481), which is unlawful touching.
The Victim Was Older Than 15
We have had clients who were accused of lewdness when the alleged victim was 16 or older. However, they appeared younger or claimed to be younger, so the police took them at their word.
Once we can show documentation of the alleged victim’s real age – such as a birth certificate or driver’s license – the NRS 201.230 charge should be dropped.4
However, you could still face charges of open or gross lewdness, which is unlawful sexual touching short of penetration.
You Were Falsely Accused
Children sometimes lie to law enforcement agency officers without realizing the consequences of their actions. An estranged spouse sometimes coaches a child into falsely accusing the other party out of
- jealousy,
- anger, or
- to influence a child custody proceeding.
Following an allegation of child sex abuse in Las Vegas, the Clark County Child Advocacy Center will likely subject the minor to a sexual abuse exam. Although the social workers and psychologists who conduct these tests are trained, the way they pose questions can prompt kids to tell lies.
Note that the D.A. can bring charges even if there is zero DNA evidence or other physical evidence of abuse. Plus, they do not have to allege that the abuse occurred on a specific date – the criminal complaint can point to a long time frame during which the abuse allegedly may have occurred. This can make it hard for you to establish an alibi.
However, if we can show that you are the victim of false allegations – and that the accuser had a motivation to lie – then you could be acquitted. We can often impeach the accuser’s credibility through such evidence as:
- eyewitness accounts,
- video surveillance footage,
- recorded communications from the accuser.
The crime of lewdness with a minor in Nevada carries mandatory sex offender registration.
4. How long does the state have to file charges?
You may be prosecuted for lewdness with a minor under 16 up until the victim turns 36 if the victim discovers (or reasonably should have discovered) that they were a victim of lewdness by the time they are 36.
Alternatively, you may be prosecuted for lewdness with a minor under 16 up until the victim turns 43 if the victim does not discover (and reasonably should not have discovered) that they were a victim of lewdness by the time they are 43.5
Learn more about criminal statutes of limitations in Nevada.
5. What are the immigration consequences?
Lewdness with a minor is an aggravated felony.6 This means that a non-citizen defendant convicted of it may be deported from the U.S. Any immigrant facing sex charges in Nevada should retain legal counsel right away in an attempt to get the charge changed to a non-deportable offense.
6. Is the criminal record sealable?
Lewdness charges that get dismissed can be sealed right away. However, a conviction of lewdness with a minor under 16 can never be sealed under Nevada law.7
Learn more about Nevada criminal record seals.
Additional Resources
If you or someone you know is in immediate crisis, call 911. You can find further helpful information here:
- ChildAbuse.com – Another resource page with articles and links for the prevention of child abuse.
- Prevent Child Abuse Nevada (PCA Nevada) – Provides services and advocacy statewide for the prevention of child abuse in Nevada.
- Child Abuse Hotline in Clark County, Nevada – (702) 399-0081 or [email protected].
- Children’s Advocacy Centers of Nevada – An organization dedicated to helping victimized children.
- Sexual Assault Hotline and Help – 24/7 hotline for victims of sexual violence by Crisis Support Services in Nevada.
Legal References
- Nevada Revised Statute 201.230 – Lewdness with child under 16 years; penalties. The language of the statute reads as follows:
1. A person is guilty of lewdness with a child if he or she:
(a) Is 18 years of age or older and willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 16 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child; or
(b) Is under the age of 18 years and willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child.2. Except as otherwise provided in subsections 4 and 5, a person who commits lewdness with a child under the age of 14 years is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served, and may be further punished by a fine of not more than $10,000.
3. Except as otherwise provided in subsection 4, a person who commits lewdness with a child who is 14 or 15 years of age is guilty of a category B felony and shall be punished 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.
4. Except as otherwise provided in subsection 5, a person who commits lewdness with a child and who has been previously convicted of:
(a) Lewdness with a child pursuant to this section or any other sexual offense against a child; or
(b) An offense committed in another jurisdiction that, if committed in this State, would constitute lewdness with a child pursuant to this section or any other sexual offense against a child,
is guilty of a category A felony and shall be punished by imprisonment in the state prison for life without the possibility of parole.5. A person who is under the age of 18 years and who commits lewdness with a child under the age of 14 years commits a delinquent act.
6. For the purpose of this section, “other sexual offense against a child” has the meaning ascribed to it in subsection 6 of NRS 200.366.
- NRS 200.366; see also Crowley v. State, (2004) 120 Nev. 30, 83 P.3d 282, 120 Nev. Adv. Rep. 6.
- NRS 201.230. Note that felony sentences are served in state prison (as opposed to misdemeanor sentences, which are served in county jail).
- See also Moore v. State, (2020) 475 P.3d 33, 136 Nev. Adv. Rep. 71.
- NRS 171.095.
- Cedano-Viera v. Ashcroft, (9th Cir., 2003) 324 F.3d 1062; 8 USCS § 1252(a)(2)(C).
- NRS 179.245; NRS 179.255.