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A detective may ask you to come in for an interview before any charges are filed. Or you may be calling because a family member was arrested and you have only a booking entry that says lewdness with a child. You may also hear the charge called lewdness with a minor. In either situation, the exact charge, the dates of the alleged conduct and the ages of both people matter. Those details can change what the State must prove and what sentence an adult could face.
If a detective has contacted you, take down the detective’s name, agency and case number. Speak with a lawyer before agreeing to an interview. If someone is already in custody, have their booking information or case number handy and tell us when the next court appearance is scheduled. If the court has issued a no-contact order, follow it, including any restrictions on indirect contact.
Call LV Criminal Defense at (702) 623-6362 or request a free initial consultation. Las Vegas defense attorney Nick Wooldridge represents people under investigation or facing charges in Clark County.
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Nevada divides adult sentencing under NRS 201.230 into two age brackets. The adult sentencing range for lewd and lascivious acts with a child under 14 differs from the range when the child was 14 or 15. A qualifying prior conviction changes the sentencing rule.
| Circumstances | Nevada law |
|---|---|
| Accused 18 or older, child under 14, no qualifying prior conviction | Category A felony. Life in prison with parole eligibility after serving at least 10 years. A fine of up to $10,000 may also apply. |
| Accused 18 or older, child aged 14 or 15, no qualifying prior conviction | Category B felony. One to 10 years in prison and a possible fine of up to $10,000. |
| Adult with a qualifying prior conviction | Category A felony. Life in prison without parole. A prior conviction for lewdness with a child, another qualifying sexual offense against a child, or an equivalent offense in another jurisdiction can trigger this provision. |
| Accused under 18, child under 14 | NRS 201.230(5) classifies the conduct as a delinquent act. The adult prison terms in this table describe the adult provisions. |
Parole eligibility marks the earliest point at which someone serving the life sentence in the first row may be considered for release. Nevada law bars probation for an adult conviction of the completed offense under NRS 201.230. An attempted offense or a different charge has to be evaluated separately under the applicable sentencing laws, including NRS 176A.100.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Registration and lifetime supervision as a sex offender are two different requirements. Lewdness with a child is listed as a sexual offense for registration in Nevada per NRS 179D.097; however, there is a limited exclusion for some types of consensual activity. Once registration applies, the level of registration will determine how long it lasts. NRS 176.0931 governs the special sentence of lifetime supervision and begins after any time served in prison, on parole or on probation. There is a separate process to request release from lifetime supervision.
Past results do not guarantee, warrant, or predict future outcomes. See the firm’s published case results.
When prosecutors allege lewd and lascivious acts, they must prove each element beyond a reasonable doubt. The State must show a deliberate lewd act upon or with the child’s body and the specific intent to arouse, appeal to, or gratify the sexual desires of the accused or the child. The act must fall outside the conduct that constitutes sexual assault. The statute can cover contact with parts of the body other than intimate areas when the evidence establishes the required act and intent.
Both ages are measured when the alleged act occurred. If the accused was 18 or older, the child must have been under 16. If the accused was under 18, the child must have been under 14. The four-year age gap used to define statutory sexual seduction is separate from the elements of lewdness with a child. Our guide to the age of consent in Nevada explains where that rule applies.
If the State alleges a lewd act on a child, the child’s actual age is part of what it has to prove. A belief that the child was older is a different issue. In Moore v. State, the Nevada Supreme Court held that a good-faith mistake about age is unavailable as a defense under the adult provision, NRS 201.230(1)(a).
Sexual assault has its own requirements involving sexual penetration, including a separate provision for children under 14. Statutory sexual seduction concerns specified sexual conduct with a 14- or 15-year-old and has its own age-gap rule. Open or gross lewdness is a separate offense under NRS 201.210. The charging document and the alleged conduct are the starting points for telling these offenses apart.
Pre-File Investigation Counsel can determine who is conducting the investigation; what they want from you; and provide advice prior to being interviewed by law enforcement or allowing them to search your electronic devices.
Early efforts may involve finding witnesses and preserving evidence that may be lost (e.g., security video footage, routine access logs). If law enforcement has executed a search warrant, make sure to obtain a copy of it and any lists of items taken.
Once we have the complaint or indictment, we can compare each count with the dates, accounts and records the State relies on. Where release or no-contact conditions are in place, we can also review how they affect day-to-day arrangements and whether a request to modify them is appropriate.
That review helps determine whether to challenge particular evidence, contest a count at a hearing, discuss a different resolution with the prosecutor or prepare for trial. When a case includes both sexual assault and alleged lewd acts with a child, we look closely at which conduct the State assigns to each count.
People use child molestation to refer to different allegations. Check the statute listed in the complaint or booking entry. NRS 201.230 is the statute for lewdness with a child. Other statutes may apply depending on the conduct alleged.
Yes. For convictions on both charges arising from one encounter, the State must prove that the lewd conduct was separate from the act constituting sexual assault. In Alfaro v. State, the Nevada Supreme Court overturned one lewdness conviction because the State had failed to establish that separation for that count.
Under Nevada’s attempt law, the State must prove the intent to commit the offense and an act toward committing it that fell short of completion. An attempt can carry a different prison range. Registration and any supervision requirements still need to be evaluated for the specific disposition.
A dismissal or acquittal may permit a record-sealing petition pursuant to NRS 179.255. Nevada prohibits sealing a conviction for lewdness with a child pursuant to NRS 179.245. The precise disposition of the case will determine whether sealing is permissible if the case resulted in a plea to another offense or left other counts pending.
If you have a complaint, a booking entry, a warrant or a notice of a court date, bring it to the consultation. If the investigation is at the stage where all you have is a voicemail from a detective, start there. Tell us which agency called and when you are expected to respond.
Call (702) 623-6362 or request a free initial consultation with LV Criminal Defense.
