Both bigamy and incest are crimes in the state of Nevada, and both are serious felony offenses that could result in imprisonment. Bigamy and incest are offenses that often involve ongoing illegal acts. The crimes can be committed across county lines or the defendant can cross from one county to another. When this occurs, the question arises of which county should prosecute the offenses.
Nevada law establishes rules determining where bigamy and incest crimes can be prosecuted, and defendants need to understand these rules so they are aware of where charges may be pursued against them. At LV Criminal Defense, our Las Vegas defense firm understands rules related to incest, bigamy, and other criminal acts. We know how Nevada prosecutors determine where cases will be brought and we help defendants to fight charges against them in both state and federal court. Call today when you need help with a case in Clark County, Nevada or surrounding counties.
Bigamy and incest are classified as Crimes Against Public Decency and Good Morals under Nevada’s criminal code. Bigamy is defined in Nevada Revised Statute 201.160 and the penalty for bigamy is outlined in N.R.S. 201.170. Incest is defined in N.R.S. 201.180 and the penalty is set forth within the same statute.
Under Nevada law, an individual commits the felony offense of bigamy by knowingly having two or more living husbands or two or more living wives at the same time. Those whose previous spouses are presumed dead and have been missing or absent for at least five years before the second marriage are not considered guilty of bigamy, nor are people who are lawfully divorced. Incest is defined as engaging in voluntary fornication with a closely-related family member, such as a sibling or a child.
Both incest and bigamy or felonies, with incest considered a Category A felony and bigamy considered a category D felony.
To be convicted of incest or bigamy, you must be prosecuted for the alleged offense. The prosecution usually occurs in the location where a crime was committed. However, sometimes there are multiple different counties within Las Vegas that have an interest in going forward with the prosecution of a defendant.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Nevada Revised Statute 171.055 specifies what the rules are when a defendant commits either bigamy or incest in one county but is apprehended in a different one. The defendant could be prosecuted in either county, as both are appropriate venues with a significant interest in moving forward with pressing charges.
While defendants can be prosecuted in either county, they cannot be tried in both counties for the same offense. When a defendant is either convicted or acquitted in one county, N.R.S. 171.075 stipulates that the conviction or acquittal is a bar to further criminal action in a different venue.
At LV Criminal Defense, we understand that knowledge of criminal procedure is one of the keys to effectively defending our clients. Too many attorneys overlook or underestimate the importance of issues like venue and jurisdiction when representing clients.
Our legal team focuses on every rule of criminal procedure that could help clients to get a fairer trial or that could help clients to reduce the chances of being convicted and facing serious penalties. When you want a detail-oriented and knowledgeable Las Vegas criminal defense firm representing you, contact LV Criminal Defense.