NRS § 201.560 – luring a child. This crime can be charged if you knowingly contact or communicate with a child under 16 and at least 5 years younger than you, intending to persuade, transport, or solicit the child away from their home or known location.

If the purpose behind the luring was sexual, you can be convicted as long as you believed that the victim was younger than 16 and at least 5 years younger – even if the child was in fact older.

The punishment for luring in Nevada turns on your intent and whether the luring involved the use of computers:

In addition, a conviction may carry a requirement to register as a Nevada sex offender.

It may be possible to persuade the D.A. to reduce or dismiss the charges as part of a plea bargain. Four common defenses to luring charges in Nevada are:

1. your intent was to prevent harm to the victim;
2. the legal guardian gave consent;
3. you did not knowingly make contact with the victim; or
4. you made no contact — or attempt to contact — the victim

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

• 1. Legal Definition of Luring a Child
• 2. Penalties
• 3. Defenses
• 4. Immigration Consequences
• 5. Record Seals
• 6. Related Offenses
• Additional resources

1. Legal Definition of Luring a Child

Nevada makes it a crime to communicate with a child or mentally ill person under certain circumstances:

1.1. Luring children

The Nevada crime of luring a child has five “elements” that prosecutors must prove:

1. you knowingly contact or communicate (or attempt to do so) with a child;
2. the child is less than 16 years old and is at least five (5) years younger than you;
3. you have the intent to persuade, lure, or transport the child away;
4. you do not have the express consent of the child’s parent or guardian (or other person legally responsible for the child); and
5. you have the intent to avoid the consent of the child’s parent or guardian (or other person legally responsible for the child)

Though if the purpose behind your conduct is sexual, then luring has only three “elements” that prosecutors must prove:

1. you knowingly contact or communicate (or attempt to do so) with a child;
2. you believe the child to be less than 16 years old and is at least five (5) years younger than you (regardless of the child’s actual age); and
3. you have the intent to solicit, persuade, or lure the person to engage in sexual conduct

Therefore you can be convicted of luring an adult as long as you believed that the adult was both less than 16 years old and at least five (5) years younger.

1.2. Luring the mentally ill

The Nevada crime of luring a mentally ill person has five “elements” that prosecutors must prove:

1. you knowingly contact or communicate a mentally ill person;
2. you have the intent to persuade, lure, or transport the mentally ill person away;
3. your purpose would endanger the health, safety, or welfare of the mentally ill person;
4. you do not have the express consent of the person legally responsible for the mentally ill person; and
5. you have the intent to avoid the consent of the person legally responsible for the mentally ill person.¹

Luring a child is a crime even if you have no sexual intent.

2. Penalties

The punishment for luring depends on whether you used a computer or network.

You may also be required to register as a sex offender in Nevada. Also, felony luring carries lifetime supervision under NRS 176.0931, though it may be possible to get off lifetime supervision after 10 years.

2.1. Cyber-luring

Luring through the use of a computer, system or network is a category B felony in Nevada if you intended to cause the victim to engage in sexual conduct with you or anyone else. The sentence is:

• one to ten (1 – 10) years in prison, and
• up to $10,000 (at the judge’s discretion)

Meanwhile, it is a category C felony to provide the victim — or ask the victim to provide — “material that is harmful to minors” such as pornography. The sentence carries:

• one to five (1 – 5) years in prison, and
• up to $10,000 (at the judge’s discretion)

Otherwise, cyber-luring is a gross misdemeanor, carrying:

• up to 364 days in jail, and/or
• up to $2,000 in fines

2.2. Luring without a computer, system, or network

Luring without the use of a computer, system or network is a category B felony in Nevada if you intended to cause the victim to engage in sexual conduct with you or anyone else. The sentence is:

• two to fifteen (2 – 15) years in prison, and
• up to $10,000 (at the judge’s discretion)

Meanwhile, it is also a category B felony to provide the victim — or ask the victim to provide — “material that is harmful to minors” such as pornography. The sentence carries:

• one to six (1 – 6) years in prison, and
• up to $10,000 (at the judge’s discretion)

Otherwise, luring is a gross misdemeanor, carrying:

• up to 364 days in jail, and/or
• up to $2,000 in fines²

3. Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with luring children and other sex crimes. We have found that the following four defenses have been effective in getting NRS 201.560 charges dismissed.

1. your intent was to prevent imminent bodily, emotional, or psychological harm to the victim;³
2. the parent or legal guardian gave consent;
3. you did not knowingly make contact with the victim; and/or
4. you made no contact — or attempt to contact — the victim.

It may also be possible to get felony luring charges reduced to a gross misdemeanor by showing that either:

• you had no intent for the victim to engage in sexual conduct; or
• you did not provide — or ask to be provided — with pornography.

Plus if the police may have conducted an unlawful search, we can file a motion to suppress evidence that was found through this unlawful search. If the judge grants the motion, the D.A. may be left with too little evidence to prove guilt beyond a reasonable doubt.

4. Immigration Consequences

Violating NRS 201.560 is likely a crime involving moral turpitude in Nevada. Therefore, non-U.S. citizens facing this charge should hire experienced counsel to attempt to get the case reduced to a non-deportable offense or dismissed.

5. Record seals

If a luring charge gets dismissed, then there is no waiting period to petition the court for a record seal.⁴ Though if you get convicted, then there is a waiting period:⁵

Learn more about how to get a record seal in Nevada.

Violating NRS 201.560 is a gross misdemeanor or a felony depending on the case.

6. Related Offenses

6.1. Contributing to the delinquency of a minor (NRS 201.090, NRS 201.100, NRS 201.110)

Contributing to the delinquency of a minor is causing a child to either:

• beg in public, be destitute, be homeless, or live in a brothel or other unfit home;
• have no adult supervision, be in the company of criminals, or in a saloon;
• take drugs or alcohol or otherwise break the law; or
• miss school habitually or lead an idle or immoral life

This offense is a misdemeanor, carrying:

• up to 6 months in jail, and/or
• up to $1,000 in fines

6.2. Selling or furnishing alcohol to a minor (NRS 202.055)

Furnishing alcohol to a minor is selling, making available, or giving money to buy alcohol to a person under 21 years old. Violating NRS 202.055 is a misdemeanor, carrying:

• up to 6 months in jail, and/or
• up to $1,000 in fines

If you sold or otherwise distributed alcohol over the internet, it is also a misdemeanor for failing to safeguard against minors obtaining the alcohol. The penalty is $500 in fines.

6.3. Loitering by a school or public place where kids congregate (NRS 207.270)

Loitering is hanging out by a school or other place where children gather without a legitimate reason. This crime is a misdemeanor, carrying:

• up to 6 months in jail, and/or
• up to $1,000 in fines

If you are on the Nevada Sex Registry, the judge may revoke probation and remand you to prison.

6.4. Soliciting a child for prostitution (NRS 201.354)

Soliciting a child for prostitution is offering a child under 18 years old to trade sexual favors for money. A first-time offense is a category D felony, which carries:

• 1 to 4 years in prison, and
• up to $5,000 in fines (at the judge’s discretion)

Additional resources

For help for victims, see the following:

• Preventing Abductions – Safety guide by kidshealth.org.
• Rethinking “Stranger Danger” – Safety guide by missingkids.org.
• Children’s Advocacy Centers of Nevada – Services for children who have been sexually exploited or abused.
• Child Victims and Witnesses Support Materials – Information on criminal court and child welfare systems by the Office of Victims of Crime (OVC).
• Trauma and Child Abuse Resource Center – Help and information by The American Academy of Child and Adolescent Psychiatry (AACAP).

Legal References