In Nevada, having sex with a minor under 16 – the state’s age of consent – is statutory rape. This is a serious crime formally called statutory sexual seduction, and it makes no difference if the minor wanted the sex or lied about their age.
Nevada does have a Romeo and Juliet exception that allows 14- and 15-year-olds to consent to sex as long as their partners are less than four years older than them. Otherwise, NRS § 200.368 imposes very harsh penalties for statutory rape, as the following table shows.
| Age of Defendant | Nevada Sentence for Statutory Sexual Seduction |
| 21 or older | Category B felony:
|
| Under 21 | Gross misdemeanor if you have no prior sex crime convictions:
Category D felony if you have a prior sex crime conviction:
|
Below our Las Vegas criminal defense lawyers discuss these statutory rape topics:
- 1. Elements
- 2. Defenses
- 3. Sex Registration
- 4. Record Seals
- 5. Immigration Consequences
- 6. Related Sexual Offenses
- Additional Resources
1. Elements
Statutory rape — called statutory sexual seduction in Nevada — has four “elements” that the prosecutor must prove in court:
- You are at least 18 years old,
- The victim is 14- or 15 years old,
- You are at least four years older than the victim, and
- You and the victim had penetrative sex.
Penetrative sex comprises any of the following sex acts:
- Sexual intercourse (vaginal intercourse),
- Anal intercourse,
- Oral sex (cunnilingus or fellatio), or
- Penetration with fingers or objects.
The rationale behind statutory seduction laws is that teens under 16 lack the intellectual and emotional capacity to consent to penetrative sex. However, the Romeo and Juliet exception allows close-in-age teens to explore their sexuality, which is normal and healthy.1
If the child is under 14, you would instead face charges for sexual assault (“rape”) or lewdness with a child depending on the case.
NRS 200.368 has a Romeo & Juliet exception for close-in-age teens.
2. Defenses
Here at Las Vegas Defense Group, we have represented literally thousands of people charged with sex crimes, including statutory sexual seduction. In our experience, the following three defenses have proven very effective with judges, juries, and prosecutors at getting these charges reduced or dismissed.
Note that it is not a defense that you genuinely believed the victim was old enough to consent or that the victim lied to you about their age. This is because statutory rape is a strict liability crime.2
You Were Falsely Accused
Sometimes people get falsely accused of statutory sexual seduction out of anger, revenge, or a misunderstanding. In some cases, these false accusers leave a trail of damning voicemails and text messages that reveal their motives for lying.
Our job is to conduct a thorough investigation to unearth all the available evidence. If the prosecutors see that your accuser is untrustworthy, they may drop the charges.
The Alleged Victim Was Old Enough to Consent
NRS 200.368 charges do not apply if the victim was either:
- At least 16 years old, or
- 14 or 15 years old and less than four years younger than you.
If you can show through records and IDs that the victim was old enough to consent, the charges should be dropped.
No Penetrative Sex Occurred
Statutory rape applies only to situations involving penetrative sexual relations.
Assuming there is no physical evidence such as video, recorded confessions, or medical records to prove beyond a reasonable doubt that penetrative sex occurred, the D.A. may have to drop the case.
3. Sex Registration
If you are convicted in Nevada of felony statutory sexual seduction, you must register as a Tier III sex offender for life. There is no way to get off the registry early.
If you are convicted of gross misdemeanor statutory rape, you must register as a Tier I sex offender for 15 years. However, it may be possible to get off the registry after only 10 years if you are fully compliant.3
4. Record Seals
Gross misdemeanor convictions of statutory sexual seduction can be sealed two years after the case ends. However, felony convictions may never be sealed.4
If your statutory rape charge gets dismissed, you can petition for a record seal right away. It makes no difference whether the original charge was for a felony or a gross misdemeanor.5
Learn about how to get a Nevada record seal.
5. Immigration Consequences
Statutory rape in Nevada is an aggravated felony and therefore a deportable offense.6 Non-citizens accused of it should hire an attorney right away to try to get the charge reduced to a non-deportable offense.
6. Related Sexual Offenses
Sexual Conduct Between Students and School Employees
Nevada prohibits sexual conduct between school employees (such as teachers) and pupils who are at least 16 years old. Student-teacher sex is a category C felony, carrying:
- 1 to 5 years in prison and
- Up to $10,000 in fines.
Learn more about high school student-teacher sex laws and college student-teacher sex laws.
Date Rape
Date rape is a type of sexual assault where you take advantage of someone you know while on a date. It is punished the same as sexual assault, which carries a life sentence. Parole may be possible depending on the circumstances of the case.
Incest
Incest occurs when two relatives closer than second cousins (or cousins by half-blood) marry or have sexual intercourse. It makes no difference if the sex is consensual.
Incest is a category A felony punishable by two years to life in prison with a possible $10,000 fine. However, the judge may grant probation instead.
Statutory sexual seduction occurs when an adult has sex with a minor below the age of consent.
Additional Resources
For more information, refer to the following:
- National Sexual Assault Hotline: Confidential 24/7 Support – Help and guidance by the Rape, Abuse & Incest National Network (RAINN).
- What is statutory rape? – Article provided by WomensLaw.org.
- What is statutory rape? – Summary provided by AgeofConsent.net.
- Constitutionality of Statutory Rape Laws – Scholarly article in UCLA Law Review.
- Statutory Rape: A Guide to State Laws and Reporting Requirements – Overview by the Office of the Assistant Secretary for Planning and Evaluation (ASPE).
Legal References
- Nevada Revised Statute 200.364 – Definitions (“(10)“Statutory sexual seduction” means ordinary sexual intercourse, anal intercourse or sexual penetration committed by a person 18 years of age or older with a person who is 14 or 15 years of age and who is at least 4 years younger than the perpetrator.”); NRS 200.368 – Statutory sexual seduction: Penalties.
A person who commits statutory sexual seduction shall be punished:
1. If the person is 21 years of age or older at the time of the commission of the offense, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
2. Except as otherwise provided in subsection 3, if the person is under the age of 21 years, for a gross misdemeanor.
3. If the person is under the age of 21 years and has previously been convicted of a sexual offense, as defined in NRS 179D.097, for a category D felony as provided in NRS 193.130.
- Jenkins v. State (Nev. 1994) 877 P.2d 1063. See also Thomas v. Sheriff, Clark County (Nev. 1973) 504 P.2d 1313; Cooper v. State (Nev. 1979) 590 P.2d 166.
- NRS 179D.097; NRS 179D.113; NRS 179D.117. See also Austin v. State (Nev. 2007) 151 P.3d 60.
- NRS 179.245.
- NRS 179.255.
- See Esquivel-Quintana v. Sessions (2017) 581 U.S. 385.