NRS 201.560 – “Luring a Child or Minor” – Nevada Law

The Nevada crime of luring under NRS 201.560 occurs when a person tries to contact a child, a minor or a mentally ill person with the intent of taking the victim away without the consent of his/her legal guardian.

Luring a child is a crime only if the child is under 16 years old and at least 5 years younger than the defendant with one exception:

If the purpose behind the luring was sexual, then the defendant can be convicted of luring even if the victim was at least 16 or within 5 years of the person’s age — all that matters is that the defendant believed that the victim was younger than 16 and at least 5 years younger.

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

Nevada luring crime	Penalties
Cyber-luring	A category B felony if the defendant intended for the victim to engage in sexual conduct: one to ten (1 – 10) years in Nevada State Prison, and up to $10,000 (at the judge’s discretion)
	A category C felony if the defendant provided – or asked for – pornography one to five (1 – 5) years in prison, and up to $10,000 (at the judge’s discretion)
	Otherwise, a gross misdemeanor, carrying: up to 364 days in jail, and/or up to $2,000 in fines
Luring without using a computer, system, or network	A category B felony if the defendant intended for the victim to engage in sexual conduct: two to fifteen (2 – 15) years in prison, and up to $10,000 (at the judge’s discretion)
	A category B felony if the defendant provided — or asked for – pornography one to six (1 – 6) years in prison, and up to $10,000 (at the judge’s discretion)
	Otherwise, a gross misdemeanor, carrying: up to 364 days in jail, and/or up to $2,000 in fines

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

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

• 1. Legal definition
• 2. Penalties
• 3. Defenses
• 4. Immigration consequences
• 5. Record seals
• 6. Related offenses

1. Legal definition

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 is typically comprised of five “elements” that the prosecutor needs to prove:

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

But if the purpose behind the defendant’s conduct is sexual, then luring has only three “elements” that the prosecutor needs to prove:

1. the defendant knowingly contacts or communicates (or attempts to do so) with a child;
2. the defendant believes the child to be less than 16 years old and is at least five (5) years younger than the defendant (regardless of the child’s actual age); and
3. the defendant has the intent to solicit, persuade, or lure the person to engage in sexual conduct

Therefore a defendant can be convicted of luring an adult as long as the defendant 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 a prosecutor has to prove:

1. the defendant knowingly contacts or communicates a mentally ill person;
2. the defendant has the intent to persuade, lure, or transport the mentally ill person away;
3. the defendant’s purpose would endanger the health, safety, or welfare of the mentally ill person;
4. the defendant does not have the express consent of the person legally responsible for the mentally ill person; and
5. the defendant has the intent to avoid the consent of the person legally responsible for the mentally ill person.¹

2. Penalties

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

Note that the defendant may also be required to register as a sex offender in Nevada.

Also note that felony luring carries lifetime supervision under NRS 176.0931. But it may be possible to get off lifetime supervision after 10 years.

2.1. Cyber-luring

The Nevada crime of luring through the use of a computer, system or network is a category B felony if the defendant intended to cause the victim to engage in sexual conduct. The sentence is:

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

Note that it does not matter if the sexual conduct is intended to be with the defendant or someone else.

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

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

“Material that is harmful to minors” typically includes any kind of pornography.

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

The Nevada crime of luring without the use of a computer, system or network turn is a category B felony if the defendant intended to cause the victim to engage in sexual conduct. The sentence is:

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

Note that it does not matter if the sexual conduct is intended to be with the defendant or someone else.

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

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

“Material that is harmful to minors” typically includes any kind of pornography.

Otherwise, luring is a gross misdemeanor, carrying:

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

3. Defenses

Common defenses that could get an NRS 201.560 charge dismissed include:

• the defendant’s intent was to prevent imminent bodily, emotional, or psychological harm to the victim;³
• the parent or legal guardian gave consent;
• the defendant did not knowingly make contact with the victim;
• the defendant made no contact — or attempt to contact — the victim

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

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

And if the police may have conducted an unlawful search, the defendant 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 the defendant’s guilt beyond a reasonable doubt.

4. Immigration consequences

It is possible for an NRS 201.560 violation to qualify as a crime involving moral turpitude in Nevada. Therefore, non-U.S. citizens who have been arrested are strongly advised to hire experienced counsel to attempt to get the charges 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 But if the defendant gets convicted, then there is a waiting period that depends on the specific category of crime that the defendant was convicted of.⁵

Category of Nevada luring conviction	Waiting period to get a Nevada record seal
Category B felony	5 years after the case closes
Category C felony	5 years after the case closes
Gross misdemeanor	2 years after the case closes

Note that pursuing a record seal involves a lot of paperwork and takes several months. Learn more about how to get a record seal in Nevada.

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 occurs when a person causes 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 occurs when a person either sells, makes available, or gives 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 the defendant 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 occurs when a person hangs out by a school or other place where children gather without a legitimate reason. Loitering is a misdemeanor, carrying:

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

But if the defendant was on the Nevada Sex Registry, the judge may revoke probation and remand him/her to prison.

6.4. Soliciting a child for prostitution (NRS 201.354)

Soliciting a child for prostitution occurs when a person offers 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)

Call a Nevada criminal defense attorney…

Arrested in Nevada? Our Las Vegas criminal defense attorneys want to help try to get your charges reduced or dismissed. Call us for a consultation.

Arrested in California? See our article on Penal Code 288.4 PC.

Arrested in Colorado? See our article on CRS 18-3-306.

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