NRS 201.560: Luring a Child or a Person with Mental Illness in Nevada—A Comprehensive Guide

NRS 201.560 is a Nevada statute that prohibits the luring of children and persons with mental illness by those who intend to harm them in some way.

This law makes it illegal for an adult or other person to lure a child or person with a mental illness into any place, vehicle, building, or other area without their consent.

In this article, we will discuss the definition of luring a child, different ways this crime can be committed, examples and scenarios, elements required for luring a child or a person with mental illness, penalties, common defenses, and any other frequently asked questions about this topic.

If you, or someone you know, has been charged with luring a child, or a person with mental illness, it is essential that you understand the implications of this serious offense. A knowledgeable criminal defense attorney can help review your case and provide guidance on the best course of action for your situation.

The Defenders is a criminal defense firm in Nevada with offices in Las Vegas and Reno. We are here to provide you with the legal representation and support necessary to protect your rights. Contact us today for a free consultation.

Definition of Luring a Child in Nevada

In Nevada, luring a child is a crime that occurs when a person knowingly contacts or communicates with a child under the age of 16, who is at least 5 years younger than the person, with the intent to persuade, lure, or transport the child away from their home or any location known to their parent or guardian.

This crime can also be committed if the person believes they are contacting a child under the age of 16, regardless of the actual age of the person being contacted.

Definition of Luring a Person with Mental Illness

Luring a person with mental illness is also considered a crime under the same statute and involves similar elements, including knowingly contacting or communicating with a mentally ill person with the intent to persuade, lure, or transport them away from their home or any location known to their legal caregiver.

Elements Required for Luring a Child or a Person with Mental Illness

To convict an individual of luring a child or a person with mental illness, the prosecution must prove the following elements:

Luring a Child

• The defendant knowingly contacted or communicated (or attempted to do so) with a child.
• The child is less than 16 years old and is at least five (5) years younger than the defendant.
• The defendant had the intent to persuade, lure, or transport the child away.
• The defendant did not have the express consent of the child’s parent or guardian (or other person legally responsible for the child).
• The defendant had the intent to avoid the consent of the child’s parent or guardian (or other person legally responsible for the child).

Luring a Person with Mental Illness

• The defendant knowingly contacted or communicated with a mentally ill person.
• The defendant had the intent to persuade, lure, or transport the mentally ill person away.
• The defendant’s purpose would endanger the health, safety, or welfare of the mentally ill person.
• The defendant did not have the express consent of the person legally responsible for the mentally ill person.
• The defendant had the intent to avoid the consent of the person legally responsible for the mentally ill person.

In summary, both luring a child and a person with mental illness involves persuading or transporting someone away from their home, guardian, or other legally responsible person without consent.

Different Ways of Committing the Crime

Luring a child or a person with mental illness can be committed through various methods, including:

Using a Computer or Network (aka Cyber Luring)

Luring a child or a person with mental illness can be committed through various methods, including the use of a computer, system, or network.

This includes contacting or communicating with the victim through email, social media platforms, chat rooms, or other online platforms.

Other Methods

Luring a child or person with mental illness can also be committed through other methods, such as face-to-face communication, phone calls, or written communication.

Examples of Luring in Today’s Society

Some examples of luring a child or person with mental illness may include:

• An adult sending messages to a child on a social media platform like TikTok or Snapchat, trying to persuade the child to meet them at a specific location without their parent’s knowledge or permission.
• An adult engaging in popular online games that allow players to communicate with each other. They are attempting to convince young players to send them inappropriate photos or meet up with them.
• A person contacting a mentally ill individual and attempting to persuade them to leave their caregiver and meet them at an undisclosed location, potentially endangering their health and safety.

Penalties for Luring a Child or a Person with Mental Illness

The penalties for luring a child or a person with mental illness vary depending on the method used to commit the crime and the defendant’s intent.

Using a Computer or Network

• If the defendant intended for the victim to engage in sexual conduct, the crime is considered a Category B felony, punishable by one to ten (1 – 10) years in Nevada State Prison and a fine of up to $10,000.
• If the defendant provided or requested material harmful to minors, the crime is considered a Category C felony, punishable by one to five (1 – 5) years in prison and a fine of up to $10,000.
• Otherwise, the crime is considered a gross misdemeanor, punishable by up to 364 days in jail and/or a fine of up to $2,000.

Luring Without Using a Computer or Network

• If the defendant intended for the victim to engage in sexual conduct, the crime is considered a Category B felony, punishable by two to fifteen (2 – 15) years in prison and a fine of up to $10,000.
• If the defendant provided or requested material harmful to minors, the crime is considered a Category B felony, punishable by one to six (1 – 6) years in prison and a fine of up to $10,000.
• Otherwise, the crime is considered a gross misdemeanor, punishable by up to 364 days in jail and/or a fine of up to $2,000.

Common Defenses

There are several defenses that can be used to fight charges of luring a child or a person with mental illness. Some of which are listed below:

The defendant’s intent was to prevent imminent bodily, emotional, or psychological harm to the victim.

In this defense, the accused argues that their intention was not to lure the child or person with mental illness, but rather to protect them from immediate harm. This could include situations where the defendant believed that the victim was in danger or at risk of harm, and their actions were an attempt to ensure the victim’s safety.

Example: A neighbor overhears a child crying and arguing with their parent. The neighbor becomes concerned for the child’s safety and sends a message to the child, asking them to meet at a nearby park to talk about the situation and ensure they are safe. In this case, the neighbor’s intent was not to lure the child but to protect them from potential harm.

The legal guardian gave consent.

This defense is applicable when the legal guardian or person legally responsible for the child or mentally ill person has given their consent for the contact or communication. If the defendant can prove that they had express permission from the guardian, they may not be found guilty of luring.

Example: A teacher communicates with a student outside of school hours, to provide extra academic support. The teacher has obtained consent from the student’s parents to communicate with the child. In this scenario, the teacher is not guilty of luring because they have received consent from the legal guardian.

The defendant did not knowingly make contact with the victim.

In this defense, the accused claims that they were unaware that the person they were communicating with was a child or a person with mental illness. The defendant must demonstrate that they had no knowledge of the victim’s age or mental health status and thus had no intent to lure them.

Example: An adult engages in an online chat with another individual, believing that they are speaking to another adult. The adult later learns that the person they were communicating with is actually a child. As the adult did not knowingly make contact with a child, they may not be found guilty of luring.

The defendant made no contact or attempt to contact the victim.

This defense is used when the accused claims that they never contacted or attempted to contact the child or person with mental illness. The defendant must provide evidence showing that they did not engage in any form of communication with the victim.

Example: A person is accused of luring a child through social media. However, the accused can prove that they never sent any messages, friend requests, or engaged in any form of communication with the child. In this case, the defendant may not be found guilty of luring since there was no contact or attempt to contact the victim.

Facing Luring Charges? The Defenders Can Help

If you have been accused of luring a child or a person with mental illness in Nevada, it is crucial to have an experienced criminal defense attorney on your side.

The Defenders, a Las Vegas-based law firm, is dedicated to protecting the rights of those accused of such serious offenses. Our team of knowledgeable attorneys will work tirelessly to build a strong defense and help you navigate the complex legal process.

Don’t face charges of luring a child or a person with mental illness alone. The Defenders can provide the legal representation and support you need during this challenging time. To schedule a free and confidential consultation, call us at (702) 333-3333 or contact us here today.

Frequently Asked Questions