Las Vegas Sex Crime Attorneys

Sexual Assault in Nevada

Under Nevada Revised Statutes § 200.366, “sexual assault” covers charges that many may call “rape.” It means to subject another person to any kind of sexual penetration without that person’s consent. The penetration may be vaginal, anal, or oral, and both the perpetrator and the victim may be either male or female.

Lack of consent may be due to force. It may also be because the victim was drugged by GHB or a “date rape” drug against his or her will. A person also may not give consent if he or she is physically or mentally incapable of giving consent because he or she is unconscious, mentally ill or disabled.

If the victim suffered substantial bodily harm, a person convicted of sexual assault may be sentenced to life without parole, or life with the possibility of parole after 15 years. If there was no substantial bodily harm, then the person convicted is sentenced to life with the possibility of parole after 10 years.

If the victim was 16 or younger and there was substantial bodily harm, then the sentence is life without the possibility of parole. If there was no substantial bodily harm, then there is a possibility of parole after 25 years in prison if the child is 14 or 15 and 35 years if the child is younger.

It is always a crime, often called “statutory rape,” for a person 18 or older to have sex with someone younger than 16. Nevada Revised Statutes § 200.368 calls this “statutory sexual seduction.” If the accused is younger than 21, it is a gross misdemeanor, punishable by up to a year in jail and a fine up to $2,000. If the accused is 21 or older, it is a Class C felony, punishable by a minimum year in prison with a maximum of five years, and a fine up to $10,000.

 Lewdness Charges in Nevada Law

“Lewdness” is a broad term under Nevada law. Laws prohibiting lewdness may include sexual penetration but can also include acts like groping breasts or genitals under certain situations.

It is a gross misdemeanor for a first offense, and a Class D felony for a subsequent offense of open and gross lewdness. Open and gross lewdness, under Nevada Revised Statutes § 201.210, means committing any sexual act in public. It is important to realize that police may arrest a person for open and gross lewdness even in a place that is privately owned if it is open to the public in Las Vegas, including a nightclub, bar, or hotel pool.

You may also face indecent or obscene exposure charges for exposing breasts or genitals in a sexual manner in a public place. Indecent or obscene exposure charges carry the same penalties as open or gross lewdness, and often go hand-in-hand. You may be charged with both offenses.

Lewdness with a child includes sexual acts with a child younger than 14 that may not be covered under statutory sexual seduction. Prosecutors must prove that any act was performed with the intent of arousing, appealing to or gratifying the lust of either the accused or the child. A lewdness with a child conviction carries a life sentence with a possibility of parole after 10 years.

Registering as a Sex Offender in Nevada

If convicted of any of the following crimes, you may be required to register as a sex offender:

• Sexual assault
• Statutory sexual seduction
• Open and gross lewdness
• Indecent or obscene exposure
• Lewdness with a child
• Battery with intent to commit sexual assault
• Child pornography charges
• Sex trafficking

Registering as a sex offender means information about you will be public to anyone who logs onto the public website maintained by the state. People will be able to see your name, address, photo and for what you were convicted.

If convicted of a more serious offense, including most charges of sexual assault, statutory sexual seduction or lewdness with a child, you will be required to register for life. A sexual offense also can never be sealed from your record.

Your defense attorney may be able to negotiate a plea on certain offenses so that you serve probation with sex offender registration, and then withdraw your plea and plead guilty to a non-sexual gross misdemeanor offense, which can be sealed after five years. Or you could fight the charges and seek an acquittal or dismissal.