NRS 201.230 – Lewdness with a Child – Nevada Law & Penalties

In this article, our Las Vegas criminal defense attorneys discuss:

• 1. What does lewdness with a minor mean?
• 2. What are the penalties for violating NRS 201.230?
• 3. What are the best defenses to lewdness with a child?
• 4. What is Nevada’s statute of limitations for lewdness with a child under 16?
• 5. What are the immigration consequences?
• 6. Is the criminal record sealable?

1. What does lewdness with a minor mean?

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.

Defendants 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

1.1. 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. A person commits sexual assault only if the touching involved sexual penetration, such as:

• sexual intercourse
• anal sex
• oral sex
• digital penetration (“fingering”)
• penetration with an object in a sexual way

But 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 for violating NRS 201.230?

Nevada’s punishment for lewdness with a minor depends on the age of the victim. If the child is under 14 years old, the defendant is 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)

But if the defendant already has 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. But it may be possible to get off lifetime supervision after 10 years.

3. What are the best defenses to lewdness with a child?

Three potential defenses to Nevada charges of lewdness with a child under 16 are:

1. There was no sexual intent.
2. The victim was older than 15.
3. The defendant was falsely accused.

Note that people investigated for or arrested on lewdness charges should say exercise their 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. Suspects should let their attorney do all the talking.

3.1. There was no sexual intent

A key element of Nevada’s child molestation law is that the defendant touches the child with sexual intent. As long as the prosecution cannot prove beyond a reasonable doubt that the defendant’s intentions were sexual, then the criminal charge should be thrown out. But the defendant may still face charges for battery (NRS 200.481), which prohibits unlawful touching.

3.2. The victim was older than 15

NRS 201.230 charges apply only when the alleged victim was under 16 years old. It does not matter if the child appeared younger than 16 or claimed to be younger than 16. If the prosecution cannot prove that the alleged victim was 15 or younger, the defendant cannot be convicted in district court of lewdness with a minor under 16.⁴

3.3. The defendant was 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. And 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 defendants to establish an alibi.

But if a criminal defense lawyer can show that the defendant is the victim of false allegations – and that the accuser had a motivation to lie – then the defendant should be acquitted.

4. What is Nevada’s statute of limitations for lewdness with a child under 16?

A person 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 he/she was a victim of lewdness by the time he/she is 36.

Alternatively, a person 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 he/she was a victim of lewdness by the time he/she is 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. But a conviction of lewdness with a minor under 16 can never be sealed under Nevada law.⁷

Learn more about Nevada criminal record seals.

Arrested for child sexual abuse in Nevada? Contact our DUI/criminal law firm for legal advice. We fight for you to be released on your own recognizance or on low bail. And we negotiate with the prosecutors to get your charges dismissed or reduced to a lesser charge through a plea bargain and without a trial. But if necessary, we are ready to argue your innocence to a jury.

For criminal cases in California, please visit our article on California Penal Code 288: Lewd Acts with a Child Under 14.

¿Habla español? Visita nuestra página web en español sobre leyes de Nevada para la lascivia con un menor de 16 años.

See our related articles on Nevada sex crimes, oral copulation with a minor, open or gross lewdness (NRS 201.210), and statutory sexual seduction/statutory rape (NRS 200.368).

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