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Nevada places its sexual assault and seduction statutes in Chapter 200 of Title 15, which deals with crimes against the person. The subsection runs from NRS 200.364 through NRS 200.3788. Its first provisions define terms, establish the offenses, and set penalties.
The later provisions govern confidentiality, protection orders, case notices, and the handling of sexual assault forensic evidence kits.
NRS 200.364 supplies definitions for the entire subsection. Several of those terms help explain why the same set of laws can cover different charges and extend certain protections to people involved in other cases.
The definition of victim also reaches offenses involving a pupil or child and sex trafficking. The specific provision determines which cases it covers. See NRS 200.364.
Nevada considers sexual assault a category A felony. The Nevada sexual assault statute is divided into two sections. One section addresses sexual penetration without the victim’s consent, or when the defendant knew or should have known that the victim was unable to resist or understand the act because of physical or mental incapacity. The other section of the statute addresses sexual penetration with a child under the age of 14, with a narrow close-in-age exclusion.
Under subsection (5), that exclusion can apply to an accused person under 18 who is at most two years older than the child. The exclusion is unavailable if the accused used or threatened force, or knew or should have known the child was incapable of resisting or understanding the conduct. See NRS 200.366.
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The statute’s sentencing rules look at the age of the person assaulted, whether substantial bodily harm resulted, and certain prior convictions. The under-14 cutoff for the separate charging provision serves a different purpose from the under-16 cutoff for special sentencing rules. For a subsection-by-subsection breakdown, see the NRS 200.366 elements and penalties guide.
The definition in NRS 200.364(10) turns on the act and the ages involved. It covers specified sexual penetration by someone age 18 or older with a person who is 14 or 15 and at least four years younger. This age-based offense can apply even if the younger person agreed to the conduct.
The defendant’s age at the time of the offense determines the penalty tier. A person who was 21 or older faces a category B felony. For someone age 18 through 20, the offense is generally a gross misdemeanor. A prior sexual offense as defined by NRS 179D.097 makes it a category D felony in that younger age group. See NRS 200.368.
NRS 200.373 addresses marriage as a defense. It removes that defense when the sexual assault was committed by force or threat of force. The elements and sentencing provisions for the underlying sexual assault charge are in NRS 200.366. See NRS 200.373.
NRS 200.3771 protects identifying information in certain court records, investigative reports, and other specified records. It also gives the defendant and defense counsel access to identifying information to prepare the defense. They may share it only as necessary with people directly involved in that work.
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On a separate application for disclosure, the court must find good cause and determine that disclosure would pose no risk of personal harm to the victim. The victim must also receive reasonable notice and an opportunity to be heard.
NRS 200.3772 outlines how someone can select a pseudonym for records and court proceedings. NRS 200.3773 limits when public officials and employees can share information, but there are some exceptions. NRS 200.3774 covers situations where a person can choose to waive confidentiality in writing. These rules make a clear distinction between what information can show up in public records and what details might be shared with the involved parties. For more details, refer to the confidentiality provisions in Chapter 200..
NRS 200.378 allows a person who reasonably believes he or she was sexually assaulted to petition for a temporary or extended protection order. A temporary order may be granted with or without notice. Service of notice and a hearing are required for extended orders. Related provisions deal with the duration of the orders, how they are to be enforced, how they are to be transmitted to law enforcement, and other information to be provided to victims in criminal cases. See NRS 200.378 and related provisions.
An order can restrict contact and require the person subject to it to stay away from specified places. Unless another law prescribes a greater penalty, an intentional violation is a gross misdemeanor for a temporary order and a category C felony for an extended order.
The provisions of NRS 200.3786 set forth the duties of the medical provider, the law enforcement agency, and the forensic laboratory for processing a sexual assault kit. The general rule is that law enforcement has 30 days from the date of notice of a kit to submit it to the appropriate laboratory for testing. The laboratory generally has 120 days from receipt of a kit to test it. There are several exceptions to the general rule, including anonymous kits and written requests to defer analysis of a kit. NRS 200.3788 establishes statewide tracking of forensic evidence kits and provides a means for a victim to anonymously check the status of a kit. See the forensic evidence kit provisions.
For information on how to handle a police interview request, a pending investigation, or a filed charge, see the Las Vegas sexual assault defense guide.
NRS Chapter 200: Sexual Assault and Seduction
