Las Vegas Criminal Lawyer Helps Understand Statutory Rape Charge (NRS 200.364)

Nevada law protects vulnerable young people from being taken advantage of by adults. One way that young people are protected is that they cannot consent to sexual intercourse with adults unless they are over the age of 16.

Because children under 16 cannot consent to sexual intercourse, Nevada law punishes people who have consensual sexual relationships with them. Unlike other sex crimes that involve force or unwanted touching by the other person, statutory sexual seduction does not involve unwanted sexual behavior, yet it is still a crime.  A defendant can actually be prosecuted for the offense, even over the objections of the alleged victim, and consent is no defense. If you have been arrested for statutory rape in Las Vegas, contact LV Criminal Defense today to begin your defense.

What does statutory sexual seduction mean in Nevada?

Statutory sexual seduction has a specific legal definition in the state of Nevada.  Statutory sexual seduction is defined to include:

  • Ordinary vaginal intercourse, ordinary anal intercourse, or ordinary oral sex.
  • By a person who is at least 18 years of age
  • With a person who is under the age of 16, so is under the age of consent and cannot agree to engage in sexual activity.

In other words, any adult who has sex with a person under the age of consent – 16 years old – can be charged with a a crime, even if the sexual conduct was consensual. Force is not required for the state to prove statutory sexual seduction took place and the person under 16 who the defendant is accused of engaging in sexual behavior with does not have to cooperate with prosecutors or press charges in order for a prosecutor to bring a case against a defendant for statutory sexual seduction.

How is statutory sexual seduction punished in Las Vegas?

The punishment for statutory rape depends on the age of the adult who is involved in the sexual conduct with the minor. Because the law recognizes that relationships sometimes form between people who are close in age, even when one of the partners is under the age of 18, the law imposes less stringent penalties in circumstances where an adult is under 21 compared with in situations where an adult over the age of 21 engages in sexual conduct with a minor.

Under Nevada law, the penalties for statutory sexual seduction are as follows:

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  • If the adult defendant is over the age of 21, the Nevada crime of statutory sexual seduction is a Category C felony, punishable by 1 to 5 years in Nevada prison and up to $10,000 in fines; and
  • If the adult is under the age of 21, statutory sexual seduction is a misdemeanor. Gross misdemeanors carry up to 1 year in a Las Vegas jail and fines up to $2,000.

A conviction for statutory sexual seduction will also be on your criminal record for the rest of your life. This conviction could affect future relationships and your job opportunities. A felony record, in particular, can have a profound impact on your future.

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LV Criminal Defense can assist you in fighting to avoid being convicted and left with a record, or can help you to negotiate a plea agreement which can lessen the penalties that you face upon conviction.

Who brings statutory seduction charges?

Just like domestic violence battery, the victim of statutory sexual seduction cannot “drop” the charges. In fact, many defendants are prosecuted for statutory sexual seduction even over strong objections on the part of the minor who the defendant is accused of engaging in unlawful conduct with.

Nevada’s laws on statutory sexual seduction are supposed to be the state’s way of protecting younger people from being taken advantage of in a sexual way, so the state brings the charges and pursues them even if the younger person does not want them to go forward. The crime is a crime against the state, and the prosecutor can try to compel the underaged minor to cooperate with the prosecution to help secure a conviction against the defendant, despite the minor’s objections.

What if I thought my sexual partner was over the age of consent in Nevada?

The state does not have to show intent by an adult to have sex with person who is underage in order to secure a conviction for statutory sexual assault. Instead, if one of the partners is under the age of 16, the legal age of consent in Nevada, the crime of statutory sexual seduction can be charged in all circumstances.

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Address: 400 S, 7th Street #401, Las Vegas, NV 89101 United States, 400 S, 7th Street #401, 89101, US, $$$ | Tel: + 1 (702) 623-6362

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Unfortunately, this can mean a reasonable mistake is a crime. A defendant can be convicted for engaging in conduct with someone who is under 16 even if the defendant did not know the age of his or her sexual partner. A defendant can even be convicted of statutory sexual assault even in circumstances where a minor said that he or she was over the age of 16. This means that if an underaged person is dishonest about his or her age and sexual conduct occurs, prosecution is still possible and conviction could still occur.

Is probation available for a person convicted of statutory sexual seduction?

Probation is available for people convicted of the Nevada crime of statutory sexual seduction, but the defendant must submit to a psychological examination to determine whether it is likely he or she will commit this offense again.

Statutory Rape Resources in Las Vegas, NV

Rape and Sexual Abuse Support Groups in Las Vegas – Psychology Today

The Rape Crisis Center Las Vegas
801 S Rancho, Suite B-2
Las Vegas, Nevada 89106
(702) 385-2153

More Information

As with any crime involving sex, statutory sexual seduction can result in jail time even though the parties engaged in consensual sex.

If you are arrested for statutory rape in Nevada, you should contact LV Criminal Defense immediately to begin your defense.