Sexual conduct and minors can be a delicate area of the law, and for good reason. The age of consent determines how old an individual must be to be considered legally able to agree to sexual activity. In some states, there is one age of consent for all situations. In other states, like Nevada, the age of consent is determined by the situation and ages of the participants. Learn more about the age of consent in Nevada below.
What is the Age of Consent in Nevada?
In the state of Nevada, the age of consent is 16 years old. The age of consent is for both heterosexual and homosexual couples. It is illegal to have sexual relations with a minor under the age of 16, even if the minor initiates the sexual contact. These laws apply to all sexual conduct involving penetration, and not just intercourse. The purpose of these laws is to protect minors, who are generally considered to not possess the emotional and intellectual capacity to consent to sex.
What Are the Exceptions To Age of Consent Laws?
A minor over the age of 16 generally may have sexual relations with someone over the age of 18. There are some exceptions to the law, however.
A student under the age of 18 may not have sex with an individual over the age of 18 if the older individual is an employee of the student’s school. This includes teacher, counselors, coaches, and other employees. Exceptions to this rule are:
- The student and school employee are legally married.
- The student is at least 18 years old and the sex is consensual.
People under the age of 18 cannot be charged with statutory rape. A seventeen-year-old cannot be held criminally liable for statutory rape if they have consensual sex with a partner who is 14 or 15 years old. Those over the age of 18 can be prosecuted for the same activity, however.
Statutory Rape in Nevada
While minors cannot be charged with statutory rape, those over 18 can be. If an adult engages in sexual conduct with a minor under the age of consent, they may be found guilty of statutory rape, even if they didn’t know that the minor was under 16 years old. In Nevada, statutory rape is also referred to as statutory sexual seduction.
The penalties for statutory sexual seduction depend on the age of the accused. If they are older than 21, the charge is a category C felony, and carries a penalty of:
- 1 to 5 years in Nevada state prison
- Up to $10,000 in fines
If the defendant is between 18 and 21, the charges are only considered a gross misdemeanor. The penalties for these charges include:
- Up to 364 days in jail
- Up to $2,000 in fines
Those found guilty of statutory sexual seduction may be ordered to register as a sex offender, regardless of their age or the severity of their charges. If you’ve been accused of statutory sexual seduction, it is important to get the help of an experienced sex crime defense attorney.
At Turco & Draskovich, we are committed to defending the rights of those charged with sex crimes. Our team of Las Vegas sex crimes lawyers has more than 40 years of collective experience in criminal defense. We pride ourselves on maintaining high-quality, personalized legal solutions for all our clients, and we dedicate ourselves to protecting your Constitutional rights. Find out how our award winning legal defense can help you.
Contact our firm today for a free consultation.