Nevada Revised Statute § 201.230 prohibits lewdness with a child, which is the crime of 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 for violating NRS 201.230 depend on the victim’s age, as the chart below illustrates:
| Age of the Child | Nevada Sentence for Lewdness with a Child |
| Under 14 years old | Category A felony: Life in prison, up to $10,000, tier III sex offender registration for life, and lifetime supervision. You may be paroled after 10 years unless you have a prior conviction for a similar offense. |
| 14 or 15 years old | Category B felony: 1 year to 10 years in prison, up to $10,000, and tier II sex offender registration for 25 years, and lifetime supervision. |
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 without your attorney present. Police can take a totally innocent story and twist it in a way that suggests guilt. 
In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding lewdness with a minor under 16:
- 1. Elements of NRS 201.230
- 2. Lifetime Supervision
- 3. Defenses
- 4. Underage Defendants
- 5. Statute of Limitations
- 6. Immigration Consequences
- 7. Record Sealing
- Additional Resources
1. Elements of NRS 201.230
For you to be convicted of lewdness with a minor under 16 in Nevada, prosecutors have to prove beyond a reasonable doubt the following three elements of the jury instructions:
- You are 18 or older, and
- You committed a “lewd or lascivious act” short of penetration upon the body of a child age 15 or younger,
- Your intent was sexual.
It does not matter if the child consented to or initiated the sexual acts. This is because Nevada’s age of consent is 16 years old.
It also does not matter if the lewd acts involved no sexual organs. Touching any part of a child qualifies as lewdness if it is done for sexual gratification.1
Note that if the sexual acts included penetration, you would face charges for sexual assault (“rape) instead of lewdness. Examples of penetrative sex acts are:
- sexual intercourse,
- anal sex,
- oral sex (cunnilingus or fellatio),
- digital penetration (“fingering”), and/or
- penetration with an object in a sexual way.2
NRS 201.230 prohibits lewdness with a child under 16 years old in Nevada.
2. Lifetime Supervision
As mentioned above, a consequence of an NRS 201.230 conviction is lifetime supervision, which is a separate punishment from sex offender registration.
Lifetime supervision begins if/when you get released from prison, and it may carry such conditions as:
- residency restrictions,
- curfews,
- drug testing,
- stay away orders, and
- electronic monitoring.
However, you can petition for early termination of lifetime supervision if you meet the following three criteria:
- You have followed your sex registration requirements, and
- You pass a psycho-sexual evaluation that shows you are unlikely to pose a safety threat to others, and
- Since being out of custody, you have gone 10 consecutive years without a conviction for a crime that threatens another’s safety or well-being.3
3. 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 Nevada prosecutors, judges, and juries at reducing or dismissing these charges.
1) 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 Nevada charges for battery, which is unlawful touching.
2) 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.
3) 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. Underage Defendants
In Nevada, lewdness between a minor under 18 and a minor under 14 is considered a delinquent act rather than a criminal one. The case would therefore be handled in juvenile court.
Note that if the minor is adjudged delinquent and required to register as a Tier III sex offender for life, they may petition for early removal from the registry if:
- they registered for at least 25 consecutive years; and
- they have not since picked up a new conviction for a sex crime, felony, or any offense carrying potentially more than one year in prison; and
- they successfully completed any periods of supervised release, probation or parole; and
- they completed a sex offender treatment program certified by the state of Nevada or the Attorney General of the United States.
5. Statute of Limitations
In Nevada, 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
The reason for such a lengthy statute of limitations is that victims of sex crimes – particularly children – may take a long time to come forward. Though the longer alleged victims wait, it is often tougher for prosecutors to convict you due to fading memories and less available evidence.
NRS 201.230 cases have a long statute of limitations.
6. 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.
7. Record Sealing
If your NRS 201.230 charge gets dismissed, you can petition the court to seal your Nevada criminal record right away. If you get convicted, however, you can never get it sealed even if you get off the sex registry and lifetime supervision.7
Lewdness with a minor convictions are unsealable in Nevada.
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. Mariscal-Ochoa v. State (2024) 550 P.3d 813 (lewdness with a minor is not a lesser included offense of sexual assault).
- NRS 176.0931.
- 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.