NRS 200.368: Statutory Sexual Seduction Penalties

When NRS 200.368 Applies

NRS 200.368 sets Nevada’s penalties for statutory sexual seduction, an offense often called statutory rape. A conviction can be a gross misdemeanor, a category D felony or a category B felony. The penalty depends on the defendant’s age when the alleged conduct occurred and, for defendants under 21, whether they have a qualifying prior conviction.

When NRS 200.368 Applies

The offense is defined in NRS 200.364(10). To obtain a conviction, the State must prove each of the following beyond a reasonable doubt.

• The accused was 18 or older at the time of the alleged act.
• The younger person was 14 or 15 and at least four years younger than the accused.
• The alleged act involved intercourse, anal intercourse or conduct that meets Nevada’s definition of sexual penetration. That definition includes oral sex and excludes conduct performed for medical purposes.

Compare both dates of birth to calculate the gap. Two people described as 19 and 15 can be less than four years apart, depending on their birthdays. A gap of exactly four years meets the age-gap requirement. The Nevada age-of-consent guide explains how this rule fits with the general age of consent.

Penalties for Statutory Sexual Seduction

NRS 200.368 sets three sentencing levels. The defendant’s age on the date of the offense controls. The category B provision applies beginning on the defendant’s 21st birthday.

For a defendant who was 18 to 20, the prior conviction must qualify as a sexual offense under NRS 179D.097. That definition determines whether the category D provision applies.

Probation and Sex-Offender Registration

Probation. Under NRS 176A.110, a qualified evaluator must certify that the person does not pose a high risk of reoffending before a court can grant probation or suspend the sentence for statutory sexual seduction. The certification is a prerequisite. The court still decides whether to grant probation when the law allows it.

Registration for sexual seduction is listed as a sexual offense under Nevada’s registration law for gross misdemeanor convictions. NRS 179D.097(2) excludes from the sexual offense registration requirements for sexual seduction, sexual assault, and statutory sexual seduction certain sexual contact between a younger person of at least 13 years of age and an older person of no more than four years older. There is an age-gap overlap of exactly four years between the two age-gap rules.

Thus, a conviction for sexual seduction can be within the age-gap requirement for registration as a sexual offense for sexual seduction but be excluded from registration for sexual seduction as sexual assault or statutory sexual seduction if the sexual contact was consensual.

How NRS 200.368 Differs From NRS 200.366

Under NRS 200.368, the State can prove its case even if the younger person agreed to the act. A mistaken belief about the younger person’s age is also unavailable as a defense to this charge under Jenkins v. State, as discussed in the Nevada Supreme Court’s opinion in Moore v. State. The State still has to prove the actual ages, the age difference and the alleged act.

Sexual assault under NRS 200.366 has separate elements. It covers, among other circumstances, sexual penetration against a person’s will or where the accused knew or should have known the person could not resist or understand the conduct. It also includes a separate provision for sexual penetration involving a child under 14. For the provisions surrounding both statutes, see the NRS Chapter 200 guide to sexual assault and seduction.

If a complaint cites NRS 200.368, the alleged dates, both birth dates and the record of any prior conviction help determine which penalty provision applies. For a review of a Nevada charge, request a free consultation with LV Criminal Defense.