Coercion and Sexually Motivated Coercion in Nevada: Crimes and Penalties
Coercion is a serious crime that involves the use of intimidation, violence, or deprivation to force someone to do something that they are not legally obligated to do. In Nevada, the crime of coercion is defined under Nevada Revised Statute § 207.190. A person who is convicted of coercion may face misdemeanor or felony charges depending on the circumstances of the case.
Sexually motivated coercion is a specific type of coercion that involves the use of force or threats to compel someone to engage in sexual activity. In Nevada, if a person is convicted of coercion or attempted coercion, the court may conduct a separate hearing to determine whether the offense was sexually motivated. If the offense is found to be sexually motivated, the defendant may face additional penalties.
At The Defenders, we understand the seriousness of coercion and sexually motivated coercion charges in Nevada. Our experienced criminal defense attorneys are dedicated to protecting the rights of our clients and achieving the best possible outcome in their cases. If you or a loved one is facing coercion charges, contact us today for a consultation.
Definition of Coercion
According to Nevada law, coercion occurs when a person intentionally tries to compel another person to do something or to refrain from doing something by either:
- Being violent or threatening violence towards the person, their family, or their property
- Depriving the person of a tool, implement, or clothing
- Trying to intimidate the person through threats or force
Coercion consists of two elements:
- The criminal intent to deprive someone of a right, and
- A criminal act depriving someone of that right
Coercion can take many forms, including physical violence, emotional abuse, and financial manipulation. It is important to note that coercion does not have to involve physical force or threats of violence in order to be considered a crime. Coercion covers many actions that involve one person basically bullying another to do something or not do something that they do not legally have to do.
Some examples include:
- Threatening to reveal someone’s secrets or personal information if they do not comply with demands
- Forcing someone to stay in a relationship against their will through emotional manipulation
- Withholding financial support unless the person complies with certain demands
Definition of Sexually Motivated Coercion
Sexually motivated coercion is a specific type of coercion that involves using force or threats to compel someone to engage in sexual activity against their will. This is a serious crime in Nevada and can result in severe penalties, including imprisonment and fines.
If you have been a victim of sexually motivated coercion, it is important to report the crime to law enforcement as soon as possible. You may also want to seek the help of a qualified attorney who can help you understand your legal rights and options.
At The Defenders, we have extensive experience defending clients who have been accused of coercion and other criminal offenses in Nevada. If you are facing criminal charges, we can help you understand your legal options and work to protect your rights and freedoms. Call us at 702-333-3333 to schedule a consultation with one of our knowledgeable attorneys.
Penalties for Coercion in Nevada
According to NRS 207.190, coercion occurs when a person intentionally tries to compel another person to do something or to refrain from doing something by using violence, threatening violence, or depriving the person of a tool, implement, or clothing. Coercion can also occur if a person threatens to accuse another person of a crime or to expose a secret that could harm the person’s reputation.
The penalties for coercion in Nevada can be severe. If convicted of coercion, a person can face significant fines, probation, and even imprisonment.
Depending on the circumstances of the case, you’ll either face:
- A category B felony charge, which carries a maximum sentence of 6 years in jail and/or a fine of up to $5,000
- A misdemeanor charge, which carries a maximum sentence of 6 months in jail and/or a fine of up to $1,000
If the coercion involves the use of force or the threat of force, it is typically classified as a felony. Otherwise, if there were no force or threat of force, you’ll likely face a misdemeanor charge.
The severity of the penalty will depend on the specific circumstances of the case, including the degree of harm caused to the victim and the defendant’s criminal history. For example, this man was sentenced 10 years in prison.
If a person is convicted of coercion and the offense was sexually motivated, the penalties can be even more severe. Under NRS 207.193, the court must conduct a separate hearing to determine whether the offense was sexually motivated. If the court finds that the offense was sexually motivated, the defendant can face additional penalties, including mandatory registration as a sex offender.
At The Defenders, we understand the complexities of coercion cases and are dedicated to providing our clients with the best possible legal representation. If you are facing coercion charges in Nevada, contact us today to schedule a consultation.
Coercion As A Defense
Coercion is strange in the legal system in that it can both be a crime that is illegal and a defense for another crime. If a victim of coercion can prove to the court that they were forced into criminal activity by coercion, then they should not be convicted of carrying out that criminal activity.
A defense attorney can use coercion as defense against criminal activity. The only exception is murder.
Under no circumstances is someone to kill another even during extreme duress. However, a victim of coercion who may have committed murder can use the crime of coercion as a mitigating circumstance that might help get the murder defendant a lesser sentence.
Facing Coercion Charges? The Defenders Can Help
At The Defenders, we understand the serious nature of coercion charges. We have experience representing clients facing these charges and are committed to providing aggressive legal representation.
Our team of skilled attorneys will work tirelessly to investigate the circumstances surrounding the charges against you and build a strong defense. We will explore all legal options available to you and pursue the best possible outcome.
Defense Strategies
Our defense strategies for coercion charges in Nevada may include:
- Challenging the evidence presented by the prosecution
- Arguing that the alleged coercion was not intentional
- Asserting that the alleged victim was not coerced
- Presenting evidence that the alleged victim consented to the actions in question
- The Defendant did not resort to violence to carry out the coercion in Felony coercion cases, than the felony charge should be reduced to a misdemeanor.
We will work closely with you to understand your unique situation and develop a defense strategy tailored to your case.
If you are facing coercion charges in Nevada, including charges involving sexual motivation, contact The Defenders today for a consultation. We are here to help you protect your rights and fight for your future.
Frequently Asked Questions
What should I do immediately after being a victim of coercion?
If you find yourself a victim of coercion, it’s imperative to first ensure your safety and then report the crime to law enforcement as soon as possible. Gathering any evidence you can safely obtain, such as messages or recordings, can also be crucial. Consulting with a qualified attorney who specializes in coercion cases can provide you with an understanding of your legal rights and the next steps to take.
Can coercion be a defense to a crime in Nevada?
Yes, coercion can serve as a defense to a crime in Nevada under specific circumstances. If you can demonstrate to the court that you were compelled to engage in criminal activity due to coercion, you may not be held liable for that activity. It is important to note that there are exceptions, such as murder, where coercion cannot serve as a defense. Consulting with a knowledgeable defense attorney is essential to explore this defense properly.
How does the court determine if an offense was sexually motivated?
During the legal proceedings, if there’s an accusation that the coercion had a sexual motive, the court will conduct a separate hearing to establish the motive behind the coercion. This determination relies heavily on evidence and the context of the situation. If the court finds the offense was sexually motivated, this can lead to more severe penalties, including mandatory registration as a sex offender.
What are the penalties of coercion in Nevada?
The legal consequences of coercion in Nevada vary depending on the nature of the coercion and whether it was sexually motivated. Penalties can range from fines and probation to imprisonment. Specifically, a misdemeanor charge could lead to up to 6 months in jail, while a felony charge could result in up to 6 years in jail, among other penalties. If found sexually motivated, additional penalties, including sex offender registration, can apply.
How can The Defenders assist me if I’m facing coercion charges?
The Defenders specializes in defending against various criminal charges, including coercion. Our experienced attorneys will work tirelessly to investigate the circumstances of your case and build a strong defense strategy tailored to your unique situation. Contact us today to schedule a consultation.
