Sex Crimes In Nevada
Sex Crimes in Nevada
Second only to murder, sexual assault, or rape, is the most serious offense in the Nevada Revised Statutes (NRS). Sex crime laws can be found in NRS 200 Crimes Against the Person, and NRS 201 Crimes Against Public Decency and Good Morals. The following, among others, are several crimes included under Nevada’s sex laws:
Sexual Assault (Rape) (NRS 200.366)
Statutory Sexual Seduction (Statutory Rape – victim less than 16 years old) (NRS 200.366, 368)
Open or Gross Lewdness (NRS 201.210)
Lewdness with a child under the age of 16 (NRS 201.230)
Sexual Acts in Public (NRS 201.190)
Indecent Exposure (NRS 201.220)
Types of Sex Crimes
Sexual Assault or Rape is defined as a person who: “subjects another person to sexual penetration, or forces another person to make a sexual penetration on himself or herself…against the will of the victim…or the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct” (NRS 200.366) It is not legal to have sex with someone against their will, or when or if the other person lacked the ability to refuse due to mental or physical capability or impairment.
In general, the punishment for a conviction for sexual assault is a category-A felony with a sentence of life, with possibility of parole after 10 years, unless substantial bodily harm was inflicted by the assault. If bodily harm was inflicted, the sentence may be life without possibility of parole, or life with possibility of parole after 15 years.
Statutory Sexual Seduction or Statutory Rape is sexual assault upon a victim who is less than 16 years old. Punishment for Statutory Rape is a category-B felony, with a sentence of one to 10 years, and a possible fine of up to $10,000. If the perpetrator has previously committed sexual assault, the punishments are more severe.
Open or Gross Lewdness is any non-penetrative sexual act committed on or with the body of another person. If this is the first sexual offense, then it is a gross misdemeanor with a sentence in a county jail of up to 364 days. Any subsequent offense is a category-D felony with a sentence of one to four years in state prison, and a possible fine up to $5,000.
Lewdness with a child under the age of 16 is any 18 year old or older who commits a non-penetrative sexual act on or with the body of a child less than 16 years old. Penalites increase as the age of the victim reduces, or as the number of offenses increases. If found guilty of this charge as a first offense, it is considered a category-B felony with a prison term of one to 10 years and a possible fine of up to $10,000.
Sexual Acts in Public occur when a person of full age commits anal intercourse, cunnilingus or fellatio in public. This is considered a category-D felony, with prison terms of one to four years in state prison and possible fine of up to $5,000.
Indecent Exposure is the open and indecent or obscene exposure of his or her person, or the person of another. First offense is considered a Gross Misdemeanor with sentence of up to 364 days in county jail. Subsequent offenses are considered a category-D felony with sentence of one to four years in state prison, and a possible fine up to $5,000.
Defenses against charges of sex crimes
If you’ve been charged with a sex crime in Nevada, you should retain an attorney to represent you as soon as possible. The penalties for these crimes are severe and require the aggressive services of a skilled attorney to represent you with the court to protect your rights. The following defenses may be employed:
A. Consent – If a victim gives consent to have sex, it is not sexual assault, by definition; B. False Allegations – A “victim” may make allegations of sexual assault against a person for personal motives.
C. Evidence is either missing, inadmissible, or tainted.
The Defenders will provide an Aggressive Defense Against Charges of Sexual Crimes
Charges for a sex crime in Nevada subject you to serious sentences and losses of rights. In addition to the other penalties outlined above, the perpetrator, if convicted, will most likely be required to register as a sex offender, which will enroll them in various state and federal databases, for the rest of their lives. You will need the skills of a talented attorney to defend against such charges. If you have been charged with a sex crime in Nevada, call us to discuss your case at (702) 333-3333.