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School or college authority offenses are listed in Nevada Revised Statutes Chapter 201. NRS 201.540 covers sexual conduct between certain school employees or school volunteers and students. NRS 201.550 covers the same conduct between certain college or university employees and college or university students.
The third offense in Chapter 201 for school or college authority is NRS 201.553 Contact or attempted contact with a student for specified purpose. The offense depends on the type of school, the person’s position at the school, and the alleged conduct.
The accused must be at least 21 and must hold or have held a position of authority as an employee or volunteer at a public or private school. The pupil must be at least 16 and must have yet to receive a high school diploma, GED certificate, or equivalent credential. The law also requires one of two school connections.
For example, contact through coaching duties can supply the connection even if the pupil attends another school. Leaving a school job also does not, by itself, end the statute’s reach. The wording covers former employees and volunteers when the other elements are met. See NRS 201.540.
The college and university provision applies to an employee who is at least 21 and holds one of the positions listed in the statute. These include teachers, instructors, professors, administrators, and head or assistant coaches. The student must be at least 16, have yet to receive a high school diploma, GED, or equivalent, and be enrolled at or attend the institution that employs the accused.
A high school student taking a college course for dual enrollment credit can fulfill the student requirements as long as the student is 16 years of age or older, has not earned a qualifying credential, and is enrolled at or attending the college. The employee’s role and the alleged conduct are separate elements. See NRS 201.550.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
The minimum age for both provisions is 16 years of age, for both pupils and students. This age can be increased, however, for 18-year-old students who have not yet received their high school diploma or other qualifying credentials, provided that other requirements are met. The date that the student received his or her credentials is also relevant. Allegations involving conduct by a person under 16 years of age may be charged as other Nevada offenses, depending on the ages of the individuals involved and the conduct alleged.
Consent alone does not defeat either conduct charge when the statutory elements are met. Both sections make an exception when the accused and the pupil or student were married to each other at the time. Section 201.540 also excludes conduct between two pupils, and section 201.550 excludes conduct between two students.
Nevada amended the age language in both sections in 2017. For an older allegation, check the statute in effect on the date of the alleged conduct. See the 2017 Nevada session laws.
The statutory definition of intercourse as used in the statute includes intercourse, oral-genital contact, masturbation, lewd genital exposure, certain touching of another person’s body for sexual arousal or gratification, penetration of another person’s body with objects for sexual arousal or gratification, and sadomasochistic abuse as well as other lewd acts involving another person’s body. NRS 201.520.
This section has its own definition of a person in a position of authority. It covers a current or former public or private school employee or volunteer who is 18 or older and has had contact with a pupil through school duties. The law requires knowing contact or attempted contact with the pupil and an intent listed in the statute, such as encouraging sexual conduct or asking the pupil to send a sexual image of themselves.
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.
For this section, a pupil’s enrollment or attendance at a public or private school can be current or past. The listed purposes also include contact intended to commit a felony or gross misdemeanor, or to get the pupil to help the adult commit one.
The sexual communication can be in person or online. The offense is complete even if the pupil never sent an image and there was no physical encounter. The only exception is for unsolicited sexual messages or images sent electronically and reported to the proper school official as soon as reasonably possible. See NRS 201.553.
These are category C felonies. See NRS 193.130 for statutory prison sentence of 1 to 5 years and/or fine up to $10,000. Note that Section 201.553 is a category C felony unless a greater penalty is provided by a specific statute.
Nevada lists convictions under NRS 201.540 and 201.550 as sexual offenses for registration purposes. Both are expressly excluded from the law’s exception for certain consensual conduct. Registration is a separate consequence from the category C prison range and fine. See NRS 179D.097.
For what happens after a school complaint, an interview request, or police contact, see our guide to teacher–student sexual misconduct defense in Las Vegas.
Sexual Conduct With Pupils and Students