Unlike California, Nevada law does not have one specific statute prohibiting oral copulation with a minor. Instead, people accused of having oral sex with a child in Nevada are prosecuted for either of the following child sex crimes:

• lewdness with a minor under 16 (NRS 201.230),
• open or gross lewdness (NRS 201.210),
• statutory sexual seduction a.k.a. statutory rape (NRS 200.368), or
• sexual assault a.k.a. rape (NRS 200.366)

Penalties include potential life sentences and mandatory sexual offender registration in Nevada. But these sexual offenses are very hard for D.A.s to prove, and it may be possible to get the criminal charges reduced to lesser offenses or dismissed.

In this article, our Las Vegas criminal defense attorneys discuss:

• 1. Is oral copulation with a minor a Nevada crime?
  • 1.1. Lewdness with a child under 16
  • 1.2. Open or gross lewdness
  • 1.3. Statutory sexual seduction
  • 1.4. Sexual assault
• 2. What are the penalties?
• 3. Can the criminal record be sealed?

1. Is oral copulation with a minor a Nevada crime?

Engaging in oral sex or analingus with an underage minor is a Nevada crime unless:

• the minor is at least 16 years old and consents to the sex act; or
• the minor is 14 or 15 and consents to the sex act, and the sex partner is less than four years older than the minor.

The legal definition of oral copulation with a minor is when a person puts their mouth on a child’s genitalia or anus, or when the child puts their mouth on the other person’s genitalia or anus. Nevada defines “minor” as being under 18 years old, though oral copulation with a child who has reached the legal age of consent (16 years of age) is lawful as long as the child consents.

In Nevada, oral copulation can be prosecuted as either of the crimes described below.

1.1. Lewdness with a child under 16

Nevada law prohibits “any lewd or lascivious act upon the body, or any part or member thereof, under the age of 16” for the purpose of sexually gratifying the child or other person.

This crime applies only when the victim was 16 years old or younger and when the alleged sexual activity involved no penetration. For example, a person accused of kissing a child’s backside with the child’s underwear still on could get prosecuted for lewdness with a child under 16.

Lewdness with a minor under 16 is a category A felony. A first offense carries a sentence of:

• life in Nevada State Prison with the possibility of parole after 10 years, and
• a fine of up to $10,000, and
• sex offender registration

Note there is no parole if the defendant was previously convicted of lewdness with a minor or a comparable crime.¹

1.2. Open or gross lewdness

Open or gross lewdness comprises cases of inappropriate sexual conduct just falling short of rape – meaning there is no penetration. And there is no age limit for the victim.

So for example, a person accused of kissing the backside of a child age 16 or older would be prosecuted for open or gross lewdness rather than lewdness with a child under 16.

A first-time conviction of open or gross lewdness is a gross misdemeanor. The punishment carries:

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

A subsequent conviction of open or gross lewdness is a category D felony. The penalty carries:

• 1 to 4 years in prison, and
• a fine of up to $5,000, and
• sex offender registration²

Children under 16 cannot consent to oral copulation in Nevada (unless the Romeo & Juliet law applies).

1.3. Statutory sexual seduction

Sixteen is the age of consent in Nevada. Statutory sexual seduction (also called “statutory rape”) comprises any sexual act involving penetration between a child victim age 15 or 14 and a person who is at least 4 years older than the child.

It makes no difference if the child victim initiated the sexual encounter or consented to the oral sex. For example, a 20-year-old who has oral sex with his 15-year-old girlfriend faces statutory rape charges in Nevada even if the girlfriend wanted it.

If the defendant is 21 or older, statutory rape is prosecuted as a category B felony carrying:

• 1 to 10 years in prison, and
• up to $10,000 in fines, and
• sex offender registration

If the defendant is younger than 21 years old, statutory rape is prosecuted as a gross misdemeanor, carrying:

• up to 364 days in jail and/or up to $2,000 in fines, and
• sex offender registration³

See our related article on Nevada’s Romeo & Juliet exception.

1.4. Sexual assault

Also called “rape,” sexual assault involves an act of sexual intercourse or other sexual penetration (including oral sex or anal sex) without the consent of the victim or when the victim is sleeping, inebriated, comatose, or otherwise unable to consent. So a defendant who forces a child of any age to engage in oral sex would face rape charges because it was non-consensual sex.

Sexual assault is a category A felony in Nevada requiring sex offender registration. Rape of a victim 16 years or older resulting in substantial bodily harm carries:

• life in prison without the possibility of parole, or
• life in prison with the possibility of parole after 15 years.

Rape of a victim 16 years or older with no substantial bodily harm carries life in prison with the possibility of parole after 10 years.

Meanwhile, rape of a 14- or 15-year-old resulting in substantial bodily harm carries life in prison without the possibility of parole. Rape without substantial bodily harm carries life in prison with the possibility of parole after 25 years.

And if the victim is 13 or younger, rape resulting in substantial bodily harm carries life in prison without the possibility of parole. Rape without substantial bodily harm carries life in prison with the possibility of parole after 35 years.

Note that a defendant who has a prior rape conviction faces life in prison without the possibility of parole for any successive convictions of rape with a child under 16.⁴

2. What are the defenses?

The three most common defenses in Nevada oral copulation cases are:

1. The victim was of age and consented to the sex acts;
2. The defendant was falsely accused by the alleged victim; and/or
3. Law enforcement committed misconduct, such as coercing a confession.

Minors are especially prone to making up stories out of revenge, anger, or a misunderstanding. In cases where there is no physical evidence of rape or no witnesses, the evidence may boil down to the victim’s word against the defendant’s.

If the D.A. cannot prove beyond a reasonable doubt that non-consensual oral copulation occurred – or that the child was too young to consent – then the charges should be dropped.

Note it is not a defense to child sex crimes if the defendant was genuinely unaware that the victim was under the age of consent.

People convicted of child sex crimes in Nevada must register as sex offenders.

3. Can the criminal record be sealed?

Gross misdemeanor oral or gross lewdness convictions can be sealed from your Nevada criminal record two years after the case closes. But all other oral copulation-related convictions can never be sealed from your record ever.

Note that any sex crime charge that gets dismissed (meaning that there is no conviction) can be sealed from your record right away.⁵

Learn more about sealing Nevada criminal records.

Arrested? Contact our Las Vegas, NV DUI/criminal law firm for legal advice. We serve clients throughout Clark County (including Henderson) and the state of Nevada.

See our related article on luring a minor in Nevada (NRS 201.560).

In California? Read our article on Penal Code 287 PC.

Legal References