NRS 201.190 is the Nevada sex crime law which prohibits adults from having oral and anal sex in public. This statute states:

[A] person of full age who commits anal intercourse, cunnilingus or fellatio in public is guilty of a category D felony [in Nevada.]

The penalties for violating NRS 201.190 include:

• 1 – 4 years in Nevada State Prison,
• up to $5,000 in fines (at the judge’s discretion), and
• Tier I sex offender status

However, it may be possible to negotiate a plea bargain where the charge gets substantially reduced or possibly dismissed. Four potential defenses to this crime include:

1. you were falsely accused;
2. you were under 18;
3. no oral or anal sex was performed; or
4. the sex acts did not occur in public

In this article, our Las Vegas criminal defense attorneys discuss Nevada’s laws for the commission of certain sexual acts in public under NRS 200.190:

• 1. Is it illegal in Nevada to have sex in public?
• 2. What are the penalties?
• 3. What are the best defenses?
• 4. Are there immigration consequences?
• 5. How soon can I get the record sealed?

1. Is it illegal in Nevada to have sex in public?

NRS 201.190 prohibits adults aged 18 and older from doing either of the following sexual acts in public:

• anal intercourse;
• cunnilingus; and/or
• fellatio

This Nevada law has the clinical title, “Commission of certain sexual acts in public.” For much of the twentieth century, earlier versions of this law were referred to by more provocative names, such as “sodomy” and “infamous crime against nature.” Learn more about Nevada sodomy laws.¹

Note that if the oral or anal sex is allegedly non-consensual, you could instead face charges for rape (NRS 200.366). Or if your sex partner is under 16, you could potentially face charges for statutory sexual seduction (NRS 200.368) and/or lewdness with a minor (NRS 201.230).

2. What are the penalties?

Violating NRS 201.190 is a category D felony. The punishment includes:

• one to four (1 – 4) years in prison,
• up to $5,000 in fines (at the judge’s discretion), and
• Tier I Nevada sex offender status

Tier I offenders are required to register as a sex offender in Nevada at least once a year for 15 years. However, Tier I offenders are not publicly searchable on the sex offender registry database unless the victim–if any–was a child.²

The prosecutor may be willing to reduce an NRS 201.190 charge down to a lesser offense with no sex registration requirements. If you have a clean criminal history, you are more likely to get a favorable plea negotiation.

3. What are the best defenses?

The best way to fight Nevada charges of the “commission of certain sexual acts in public” turns on the specific facts of the case. Four possible defenses to this offense are:

1. you were falsely accused;
2. you were under 18;
3. no oral or anal sex was performed; or
4. the sex acts did not occur in public

Note that it is not a defense that the sex was consensual or that no member of the public saw the sex.

You were falsely accused

Perhaps you were falsely accused by someone out of anger or revenge. Or perhaps the police officer arrested you after mistakenly identifying you as the real culprit. Valuable evidence that could show you were not the person performing the sex acts includes:

• video surveillance footage
• eyewitness accounts
• alibis that can testify that you were not at the time and place of the alleged crime

You were under 18

Only people 18 and older may be prosecuted for violating NRS 201.190.³ You may be able to prove you are under 18 by showing your:

• driver’s license
• birth certificate
• passport
• any other form of ID that shows a birthday

Note that juveniles caught having oral or anal sex in public would probably still be arrested but may instead face delinquency proceedings in a Nevada juvenile court.

No oral or anal sex acts were performed

NRS 201.190 specifically prohibits only anal intercourse, cunnilingus, and fellatio. Therefore, the charge should be dropped if the defense attorney can show that any sex acts that occurred do not fall under those categories. Video and eyewitness accounts would be helpful evidence.

If there is evidence that you did engage in some other kind of sex act in public, you could instead face criminal charges for open or gross lewdness (NRS 201.210). A first-offense is only a gross misdemeanor, which carries up to 364 days in jail and/or up to $2,000 in fines.

The sex acts did not occur in public

NRS 201.190 specifically prohibits having anal or oral sex in public. If the defense attorney can show that any sexual activity occurred in private, then the charge should be dismissed.

As long as there is no video or eyewitness evidence of you having anal or oral sex in public, the D.A. may have trouble proving guilt beyond a reasonable doubt.

4. Are there immigration consequences?

It is very possible that an immigration judge would consider an NRS 201.190 violation to be a crime involving moral turpitude in Nevada. Therefore, any non-citizens facing charges of this crime should seek out legal counsel right away.

Perhaps the attorney can get the charge changed to a non-deportable offense or possibly dismissed.

5. How soon can I get the record sealed?

If you are convicted of violating NRS 201.190, you should be able to pursue a record seal five (5) years after the case closes. Though if the defense attorney managed to get the case dismissed, you can ask the court to seal it right away.⁴

Learn more about sealing criminal records in Nevada.

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Legal References