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NRS 200.366 defines sexual assault as a category A felony in Nevada. The statute sets out two ways to establish the offense and separate sentencing rules that depend on the age of the person assaulted, whether substantial bodily harm resulted, and whether a qualifying prior conviction applies.
NRS 200.366, subsection (1)(a), includes sexual penetration of another person against their will as well as sexual penetration of a person who is mentally or physically incapable of resisting or understanding the sexual act, and the person who commits the sexual penetration knew or should have known of the other person’s condition.
Subsection (1)(b) applies to children under 14 years of age. It includes any penetration of a child as well as causing a child to perform any penetration act. The State does not have to separately establish that the act was against the child’s will. Subsection (5) contains a narrow exclusion for certain accused persons under 18 years of age. See NRS 200.366.
This term includes intercourse, oral sex (as specified) and entry into a genital or anal opening with any body part or object, to even the slightest degree. It does not include medical conduct. NRS 200.364(9).
The exclusion applies only to acts described in subsection (1)(b) of this section. The exclusion does not apply where the accused is under the age of 18 and no more than two years older than the child. In addition, the exclusion does not apply where the accused used or threatened force against the child, or where the accused knew or should have known that the child was mentally or physically incapable of resisting or understanding the accused’s conduct.
Each sentencing branch under NRS 200.366 provides for life imprisonment. The special sentencing rules for children under 16 can apply to a conviction under either part of subsection (1). Where the statute allows parole, the table shows when eligibility begins. The decision whether to grant parole comes later.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
| Subsection | Circumstances | Prison sentence |
|---|---|---|
| (2)(b) | Person age 16 or older. No substantial bodily harm. | Life with parole eligibility after at least 10 years. |
| (2)(a) | Person age 16 or older. Substantial bodily harm. | Life without parole or life with parole eligibility after at least 15 years. |
| (3)(b) | Child age 14 or 15. No substantial bodily harm. | Life with parole eligibility after at least 25 years. |
| (3)(c) | Child under 14. No substantial bodily harm. | Life with parole eligibility after at least 35 years. |
| (3)(a) | Child under 16. Substantial bodily harm. | Life without parole. |
| (4) | Child under 16. Defendant has a qualifying prior conviction. | Life without parole. This rule takes precedence over subsection (3). |
The qualifying prior convictions in subsection (4) include sexual assault and the adult-on-child offenses specified in subsection (6). Those include incest, lewdness with a child, sadomasochistic abuse, and felony luring using a computer, system, or network. A conviction from another jurisdiction can qualify if the offense would constitute one of the listed crimes in Nevada.
An injury can be present without meeting the statutory threshold. Substantial bodily harm includes prolonged physical pain and injuries that create a substantial risk of death, cause serious permanent disfigurement, or cause prolonged loss or impairment of a body part or organ’s function. See NRS 0.060.
Nevada law prohibits the court from placing a defendant on probation or suspending the defendant’s sentence for sexual assault. Registration and lifetime supervision of sex offenders are covered in Chapter 179D and NRS 176.0931, respectively. See NRS 176A.100 for more information on the prohibition against placing a defendant on probation for sexual assault.
For the surrounding provisions on statutory sexual seduction and spousal sexual assault, see the Chapter 200 sexual assault and seduction overview. For guidance on investigations, evidence, and responding to a charge, see the Las Vegas sexual assault defense guide.
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.
NRS Chapter 200: Sexual Assault and Seduction