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When Consensual Sex with a Person 16 or Older Is a Felony

When Consensual Sex with a Person 16 or Older Is a Felony

Under NRS 200.364(10), the age of consent in Nevada is 16 years of age. That means the individual can lawfully agree to have sex with someone 18 years of age or older, without their partner facing criminal charges. However, there is a law on the books that states even if 16-year-old consents to have sex with someone, that adult could be prosecuted.

Sexual Conduct Between Teachers and Students

In Nevada, there is a law that prohibits even consensual sex between students and teachers. If a teacher 21 years of age or older engages in sexual conduct with a student 16 years of age or older who has not received their high school diploma (or general education development certificate), they could be facing a felony charge.

The law defines sexual conduct as:

  • Ordinary sexual intercourse
  • Anal intercourse
  • Oral sex
  • Physical contact with exposed genitals
  • Penetration, however slight, with a foreign object of the genital or anal opening of another person
  • Masturbation
  • Sado-masochistic abuse
  • Lewd or lascivious act on someone else’s body

Teachers Aren’t the Only Ones Included in this Law

The law concerning sexual relationships between pupils and teachers, NRS 201.540, doesn’t just apply to educators. The text of this law specifically states that any school employee or volunteer in a position of authority could be engaging in illegal behavior by participating in any type of sexual conduct with a student 16 years of age or older. A school employee could include a coach, a teacher's aide, or an administrator.

It is a violation of NRS 201.540 if the:

  • Student was enrolled or attending the school in which the person was employed or volunteering; or
  • The teacher or volunteer had contact with the student while performing their duties for a school, which means it’s still illegal if the act occurred with a school worker from a different institution from where the student attended

Whether the acts occurred with a public or private school employee doesn’t matter. Even if the employee is no longer working for the school, they can still be prosecuted under this law.

The only time it is lawful for a school employee and a student to engage in sexual conduct is when the two are married.

What Are the Penalties for Violating the Law?

Sexual conduct between school employees or volunteers and students is a category C felony. If a person is convicted, they could be sentenced to prison for 1 to 5 years. Additionally, the judge may impose a fine of up to $10,000.

Schedule a Free Consultation with The Draskovich Law Group

Being accused of a sex crime can be a frightening experience, as the legal process may be unknown and the conviction consequences are severe. Our attorneys in Las Vegas are here to provide the effective counsel you need to fight charges.

Get over 25 years of combined experience on your side by calling us at (702) 381-6590 or contacting us online.


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