Many instances of child sexual abuse never get reported. Just as unfortunate is that many people charged with child sexual abuse are falsely accused. The penalties for child sex crimes can be as harsh as for murder, and defendants may have to register as sex offenders. However, a skilled Las Vegas criminal defense attorney may be able to achieve a favorable resolution.

This article provides an overview of all the child sex crimes in Nevada including statutory rape, sexual assault, lewdness with a child under sixteen, child pornography, and child abuse. Continue reading to learn the laws, punishments, and defense strategies as explained by our Las Vegas child abuse lawyers.

Nevada “Child Sexual Abuse & Molestation” Crimes

Nevada has five main laws prohibiting sexual abuse and molestation of children under eighteen years old. Which of these five crimes a defendant may be charged with depends on the nature of the alleged abuse and the age of the child victim. These five offenses, which are discussed in detail below, are:

1. Statutory Sexual Seduction (“Statutory Rape”) (NRS 200.368): Statutory rape is any act of sexual penetration between an adult over seventeen and a child under sixteen. This crime is also charged in cases where school employees over twenty allegedly have sexual relations with pupils under eighteen. It is irrelevant whether the sex was consensual.
2. Sexual Assault (NRS 200.366): Sexual assault comprises acts of non-consensual sexual penetration regardless of the victim’s age. The offense is more commonly known as “rape.”
3. Lewdness with a Minor under Sixteen (NRS 201.230): This crime constitutes any touching of a child under sixteen that falls short of rape but is done with sexual intent. It is immaterial whether the touching involved a sex organ.
4. Child Pornography (NRS 200.710): It is a crime to use a child under eighteen to make pornographic materials.
5. Sexual Abuse & Exploitation (NRS 200.508): This is a “catch-all” crime that comprises any situations of child sexual abuse not covered in other child Nevada sex crimes.

Note that people convicted of any sex crime may be required to register with the Nevada Sex Offender Registry. Depending on the facts of the case, the person may be publicly searchable in the database. Read more about Sex Offender Registry laws

Also, note that child sex offenses are crimes of moral turpitude. This means that non-citizens convicted of child abuse or molestation may be deported from the U.S. unless the charges are lessened to non-removable offenses.

Finally, note that defendants charged with having sexual intercourse with a minor face an additional charge for incest if the minor and defendant are related. Depending on the case, the judge may punish incest with a prison sentence of two years to life.

“Statutory Sexual Seduction” Laws in Nevada (NRS 200.368)

The legal definition of statutory sexual seduction (“statutory rape”) is when an adult eighteen or older and a child fifteen or fourteen and with a minimum four-year age difference have either:

• sexual intercourse,
• oral sex,
• anal sex,
• digital sex (“fingering”), or
• any other sexual act involving penetration

Note that it does not matter if the child consents to the sex. This is because the age of consent in Nevada under NRS 200.364 is not until age sixteen. Also, note special rules apply to school employees or volunteers alleged to have sexual relations with pupils at their school — the defendants may be convicted of statutory rape even if the child is aged sixteen or seventeen.

Defenses

Typical defenses to Nevada statutory rape charges include that the victim falsely accused the defendant, or that the victim is over age fifteen.

It is not a defense that the defendant honestly believed the child was at least sixteen, that the child lied about his/her age, or that the child initiated the sex.

Penalties

The punishment for statutory sexual seduction depends on the age of the defendant. If the defendant is twenty-one or older, statutory rape is prosecuted as a category B felony. The sentence includes:

• one to ten years in Nevada State Prison,
• possible sex offender status, and
• maybe up to $10,000 in fines

If the defendant is younger than twenty-one years old, then statutory rape is prosecuted as only a gross misdemeanor. The sentence includes:

• up to 364 days in jail and/or up to $2,000 in fines, and
• possible sex offender status

Meanwhile, statutory rape between school/college workers and a pupil at the school ages sixteen or seventeen is a category C felony in Nevada. The sentence includes:

• one to five years in prison,
• possible sex offender status, and
• maybe up to $10,000 in fines

Finally, statutory rape between school workers and a pupil who is fourteen- or fifteen years old is a category B felony in Nevada. The sentence includes:

• one to six years in prison,
• possible sex offender status, and
• maybe up to $5,000 in fines

For information about California statutory rape laws, read our articles on Penal Code 261.5 PC, Penal Code 288.7 a & b PC, and Penal Code 287 PC.

Sexual Assault (“Rape”) Laws in Nevada (NRS 200.366)

The legal definition of sexual assault (“rape”) is when someone has nonconsensual sexual relations with another, including:

• sexual intercourse,
• oral sex,
• anal sex,
• digital sex (“fingering”), or
• any other sexual act involving penetration

Nevada considers sex to be nonconsensual either when the sex is against the victim’s will or when the victim is too incapacitated to give valid consent (such as when the victim is highly intoxicated or passed out).

Note that, unlike statutory sexual seduction, people may be convicted of sexual assault even if the victim is over fifteen. Also unlike statutory sexual seduction, it is a defense to sexual assault if the alleged victim consented to have sex.

Defenses

The main defense against rape is that the victim consented to the sex. But if the child is under sixteen, then the defendant may instead face charges of statutory rape even if there was consent. Another defense is that the victim made false allegations against the defendant — it is not uncommon for people to try to get others into trouble out of anger or jealousy.

Penalties

Sexual assault is a category A felony in Nevada, and the defendant may be ordered to register as a sex offender. The severity of the sentence depends on the child’s age, whether the child sustained substantial bodily harm, and the defendant’s criminal history:

• When the victim is sixteen or older and sustains substantial bodily harm from the rape, the punishment includes life in prison either without the possibility of parole or with the possibility of parole after fifteen years. But if there is no substantial bodily harm, the sentence is life in prison with the possibility of parole after ten years.
• When the victim is fourteen or fifteen and sustains substantial bodily harm from the rape, the sentence is life with no parole. But if there is no substantial bodily harm, the sentence is life with the possibility of parole after twenty-five years.
• When the victim is thirteen or younger and sustains substantial bodily harm from the rape, the sentence is life without parole. But if there is no substantial bodily harm, the sentence is life with the possibility of parole after thirty-five years.
• If the defendant has already been convicted of a child sex crime and gets convicted of rape with a child under sixteen, the sentence is life with no parole.

For information about California rape laws, read our article on Penal Code 243.4 PC.

“Lewdness with a Child Under Sixteen” Laws in Nevada (NRS 201.230)

The legal definition lewdness with a child under sixteen is when someone touches a child under sixteen for sexual purposes but with no physical penetration. The molestation can involve any part of the body and not just a sex organ.

Therefore, “lewdness with a child under sixteen” is not rape because it does not involve any type of intercourse or penetration. Also unlike rape, a lewdness charge is not valid unless the victim is fifteen or younger — whereas there is no age limit for a rape charge in Nevada.

Defenses

A charge for lewdness with a child under sixteen should be dropped if the court does not find that the defendant touched the child with sexual intent. Instead, the defendant may face less serious charges for battery, which is the unlawful touching of another.

Penalties

Lewdness with a minor under fourteen is a category A felony. The sentence for a first offense is:

• life in prison with the possibility of parole after ten years,
• sex offender status, and
• possibly a fine of up to $10,000

But if the defendant has previously been convicted of the same or similar offense, the judge will not allow the possibility of parole.

If the minor is fourteen (14) or fifteen (15) years old, then lewdness with a minor is a category B felony, carrying:

• 1 year to 10 years in prison,
• sex offender status, and
• possibly a fine of up to $10,000

For information on California Child lewdness laws, read our article on Penal Code 288 PC.

Child Pornography Laws in Nevada (NRS 200.710)

Using a minor to create sexually explicit visual representations is prosecuted as child pornography. These materials may take any form such as photographs, movies, or plays. Learn more about the following offenses:

• Using a child to produce pornography (NRS 200.710)
• Promoting a sexual performance of a child (NRS 200.720)
• Advertising or distributing child pornography (NRS 200.725)
• Controlling the internet to watch child pornography (NRS 200.727)
• Possessing child pornography (NRS 200.730)

Defenses

The most effective defense to child pornography charges is that the defendant lacked the intent to create child pornography. For instance, a person who casts a minor in a pornographic photo shoot should not be liable if he/she reasonably believed the minor was an adult.

Another possible defense is that the materials in question do not qualify as pornographic. If the defense can show that the materials are not sexual and instead have serious artistic, scientific, or political value, then the charges may be dismissed.

Penalties

Producing child pornography is a category A felony carrying a life sentence. If the child is fourteen or older, there is the possibility of parole after five years. If the child is younger than fourteen, there is the possibility of parole after ten years. The defendant may also have to register as a sex offender.

For information about California child pornography laws, read our article on Penal Code 311 PC.

Child Sexual Abuse and Exploitation in Nevada law (NRS 200.508)

The legal definition of child sex abuse in Nevada is very broad. If there is an alleged instance of child sexual abuse or exploitation that does not fall under the technical definitions of “statutory rape,” “rape,” “lewdness with a minor under 16,” or “pornography,” then the prosecution would instead bring general charges for child abuse, neglect, or endangerment.

Defenses

The most common defense to charges of sexual abuse in Nevada is lack of proof. As long as the prosecution cannot prove the defendant’s guilt beyond a reasonable doubt, then the case should be dismissed.

Penalties

Child sexual abuse is a category A felony carrying life in prison. If the sexual abuse was willful, there is the possibility of parole after fifteen years. If the defendant “allowed” the sexual abuse to happen, the possibility of parole occurs after ten years. The judge may also impose sex offender registration requirements.

In California? See our articles on Penal Code 288.5 PC and Penal Code 273 PC.

In Colorado? See our article on Colorado child molestation crimes.