Statutory Sexual Seduction Defense in Nevada
The serious criminal offense of “statutory sexual seduction” is set out in NRS 200.368. This crime is often called “statutory rape” in other jurisdictions. This crimes alleges that consensual sexual contact occurred between an adult and an underaged person.
The sexual contact can include sexual intercourse, anal intercourse, cunnilingus or fellatio. It can be charged as either a category C felony in Nevada or a gross misdemeanor depending on the age of the child involved. The courts have held that a mistaken belief that the adolescent is actual 16 years of age or older is not a defense.
Las Vegas Statory Sexual Seduction Lawyer
If you were charged with Statutory Sexual Seduction Defense in Las Vegas, Clark County, or the surrounding areas in the State of Nevada, call Michael Periente with Pariente Law Firm, P.C.. Never talk with any law enforcement officer about the allegations until after you have secured the services of an aggressive criminal defense attorney dedicated to protecting your rights.
Call today at (702) 966-5310 to schedule a free consultaton. Pariente Law Firm, P.C. represents clients throughout the Las Vegas area, including in Henderson and Paradise.
Overview of Statutory Sexual Seduction Charges
- Statutory Sexual Seduction under NRS 200.368
- Penalties for Statutory Sexual Seduction
- Lewdness with a Child under 14 years old
- Additional Resources on Statutory Rape under Nevada Law
Statutory Sexual Seduction under NRS 200.368
The term “statutory sexual seduction” is defined as one of the following acts: “ordinary sexual intercourse, anal intercourse, cunnilingus or fellatio committed by a person 18 years of age or older with a person under the age of 16 years”; or
“any other sexual penetration committed by a person of age 18 or older with a person under the age of 16 years with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of either persons.”
Penalties for Statutory Sexual Seduction
If the person accused is over 21 and committed statutory sexual seduction with a person under the age of 16, then the crime can be charged as a category C felony as provided in NRS 200.368. A category C felony carries 1–5 years in the state prison with a fine not to exceed $10,000. Probation is available as provided in NRS 193.130.
If the person accused is under 21 but over 18 and is accused of committing statutory sexual seduction, then the crime is a charged as a gross misdemeanor under NRS 200.368.
A person who commits lewdness with a person under the age of 14 could spend a minimum of 10 years in prison. Conduct constituting lewdness is conduct that is substantially less than sexual intercourse in the ordinary meaning. NRS 201.230
Individuals found guilty of statutory sexual seduction must register as a sex offender and face all the requirements associated with that registration.
Lewdness with a Child under 14 years old
If the allegation involves a child under the age of 14 years old, then the offense is charged under NRS 201.230. This offense is often called “child molestation” in other jurisdictions.
A person who willfully and lewdly commits any lewd or lascivious act, other than a sexual assault with penetration, on a child under the age of 14 years old, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child is guilty of the crime of lewdness with a child under 14 years old. The crime is classified as a category A felony punishable by life in prison with the possibility of parole, after 10 years and a fine of not more than $10,000.
If the person has previously been convicted of any sexual crime against a child then the crime is punishable by life without the possibility of parole.
Additional Resources on Statutory Rape under Nevada Law
Nevada’s Statutory Sexual Seduction – Information on charges for statutory sexual seduction or lewdness with a child under 14 years old from the Sexual Assault Response Advocates (S.A.R.A). SARA has a 24 hour crisis line for the victims of rape, sexual assaults, and other sexually motivated crimes committed in Las Vegas, Nevada, and throughout Clark County. SARA also helps the victims of sex crimes apply for funds through the Victims of Crime Program (a service provided by the State of Nevada) and other funds from the county in which the offense occurred.
Now That You Are 18 – A survival guide about sex and the law for young people who turned 18 years old. Advice on the consequences of sexually motivated crimes such as sexual assault and battery, date rape drugs, and charges for statutory rape.
Finding a Defense Attorney for Statutory Sexual Seduction in Las Vegas
If you were charged with a sexually motivated crime such as statutory rape in Las Vegas, Nevada, then contact an experienced criminal defense attorney at Pariente Law Firm, P.C. . Michael Periente represents clients charged with sex crimes such as sexual assault, and open or gross lewdness.
Never speak to any law enforcement officer about the allegations until after you have obtained legal advice from a criminal defense lawyer. Call us today to discuss your case in Clark County, Nevada or the surrounding areas.
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