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You have been contacted by a Las Vegas detective regarding someone you met or messages you sent/received. He/she may ask you questions regarding the other person’s age or when you and the other person were together. You should contact an attorney before answering any questions or allowing a voluntary search of your phone. Preserve all messages/records, do not contact the other person regarding the allegation, and follow any existing court orders.
Nevada’s legal term for what people commonly call statutory rape is statutory sexual seduction. Nick Wooldridge represents people in Las Vegas and Clark County during the investigation before charges are filed and after an arrest.
Asked to come in for an interview? Call LV Criminal Defense at 702-623-6362 to speak with us about the next step.
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To obtain a conviction, the State must prove every element beyond a reasonable doubt. NRS 200.364(9)–(10) requires proof of the following facts at the time of the alleged conduct.
Even when both people agreed to the conduct, Nevada can prosecute if the facts meet the statute. The four-year gap is measured using exact birthdates. Two people described as 19 and 15 could be fewer than four years apart. Our guide to Nevada’s age-of-consent rules explains how age and the age gap affect other charges.
The investigation begins by establishing the events of an incident (what), the date(s) of occurrence (when), and the supporting documentation (records). When allegations involve multiple incidents or meetings, investigators will evaluate each individually. As people get older, their age changes, as does the quality of the documentation regarding a specific meeting.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
We determine whether the alleged birthdates are supported by reliable records (birth certificates, baptismal records, etc.) and cross-reference them with dated messages, work schedules, travel records, etc. that may provide additional evidence of the date(s) in question.
If the State alleges that the encounter occurred near a birthday, then even a few days could make a difference as to whether the person meets the age requirements or falls into a higher penalty category.
We look for complete conversations and, where possible, original device or account records. We cross-reference timestamps and account identifiers with other evidence and search for gaps in the extraction.
If the exchange refers to plans to meet then we will search for independent evidence of whether such a meeting took place and whether the State is able to establish the specific act(s) of which the defendant is accused.
We compare police reports to recorded interviews and other witness statements to determine if there are any discrepancies in dates, locations, or actions described. We also review warrants to search for phones or consent to search phones and determine if the search exceeded the scope of the warrant or consent. In appropriate cases, we can ask the court to exclude evidence.
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.
Before charges are filed, counsel may be able to give prosecutors records that bear on their charging decision. Once a case is filed, we review the State’s disclosures and assess which issues can be raised at a hearing, through motions, or at trial. If prosecutors offer a resolution, we explain what the proposed conviction would mean for sentencing and registration before you decide whether to accept it.
For someone 18 through 20 years old, NRS 200.368 sets three penalty tiers for sexual offenses. These are determined by the age of the defendant at the time of the alleged conduct as well as any prior convictions for sexual offenses that would qualify under Nevada law.
| Age at time of alleged conduct and prior record | Classification | Statutory penalties |
|---|---|---|
| 18–20 without a qualifying prior conviction | Gross misdemeanor | Up to 364 days in county jail, up to $2,000 in fines, or both |
| 18–20 with a qualifying prior conviction | Category D felony | 1–4 years in state prison and a possible fine of up to $5,000 |
| 21 or older | Category B felony | 1–10 years in state prison and a possible fine of up to $10,000 |
The gross misdemeanor and category D ranges come from Nevada’s general sentencing statutes, NRS 193.130 and 193.140.
Probation. If you are otherwise eligible, NRS 176A.110 requires a qualified evaluator to certify that you do not present a high risk of reoffending before the judge can grant probation or suspend the sentence. The judge still decides whether to grant either.
Registration. The State of Nevada generally considers a conviction of NRS 200.368, as a registrable sexual offense. NRS 179D.097(2) contains an exception for qualifying consensual conduct, where the younger person is 13 years of age or older, and the defendant is no more than four years older than the victim. Thus, the two age-gap exceptions can overlap, when the age difference between the defendant and the victim is exactly four years. Counsel should examine the facts of the case, and the specific count of conviction, along with any other counts of conviction, in order to advise the client as to whether or not the client will be required to register as a sex offender.
A statutory sexual seduction case can reach the Eighth Judicial District Court through Justice Court proceedings or a grand jury indictment. At a preliminary hearing in Justice Court, when one is held, the judge decides whether there is probable cause to send the case to District Court. Counsel can test the State’s evidence at that stage and prepare for the arraignment, motions, or trial that may follow.
In Jenkins v. State, the Nevada Supreme Court held that a mistaken belief about the other person’s age is no defense to statutory sexual seduction. The State still has to prove the person’s actual age on the date charged. Keep the full exchange. It may help your attorney check the timeline or identify who was using the account.
In a prosecution for statutory rape, testimony, communications, and other evidence are used to establish each element of the offense. The defense may examine any of these sources of evidence for each element of the offense.
The penalty tier depends on your age at the time of the alleged act. If several acts are alleged on different dates, your age and the facts must be checked for each count.
The prosecutor decides whether to pursue the case. If someone changes their account or no longer wants to participate, tell your attorney so they can address it through the proper channels. Follow any no-contact order, even if the other person reaches out first.
If you’re under investigation for statutory rape or have a court date in Clark County, tell us how you learned about the allegation and when you’re expected to respond. Nick Wooldridge can review where the case stands and explain what you can do next.
Call 702-623-6362 or request a free consultation.
