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Statutory Sexual Seduction

Las Vegas Criminal Lawyer Helps Understand Statutory Rape Charge (NRS 200.364)

Statutory Sexual SeductionNevada law protects people under the age of 16 from being taken advantage of by adults. One way the law tries to protect people under the legal age of 16 is by punishing people who have consensual sexual relationships with them. Unlike other sex crimes that involve force or unwanted touching by the other person, statutory sexual seduction does not, yet it is still a crime.

If you have been arrested for statutory rape in Las Vegas, contact LV Criminal Defense today to begin your defense.

 

What does statutory sexual seduction mean in Nevada?

  • Ordinary
  • Sexual intercourse (vaginal or anal) or oral sex
  • By a person who is at least 18 years old
  • With a person under the age of 16.

In other words, an adult who has sex with a person under the age of consent (16 years old) is a crime, even if it was consensual. Force is not required for the state to prove statutory sexual seduction took place.

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How is statutory sexual seduction punished?

The punishment for statutory rape depends on the age of the adult.

  • If the adult defendant is over the age of 21, the Nevada crime of statutory sexual seduction is a Category C felony, punishable by 1 to 5 years in Nevada prison and up to $10,000 in fines; and
  • If the adult is under the age of 21, statutory sexual seduction is a misdemeanor. Gross misdemeanors carry up to 1 year in a Las Vegas jail and fines up to $2,000.

Who brings statutory seduction charges?

Just like domestic violence battery, the victim of statutory sexual seduction cannot “drop” the charges. The law is supposed to be the state’s way of protecting younger people from being taken advantage of in a sexual way, so the state brings the charges and pursues them even if the younger person does not want them to go forward.

What if I thought my sexual partner was over the age of consent in Nevada?

The state does not have to show intent by an adult to have sex with person who is underage. Instead, if one of the partners is under the age of 16, the legal age of consent in Nevada, the crime of statutory sexual seduction can be charged. Unfortunately, this can mean a reasonable mistake is a crime.

Is probation available for a person convicted of statutory sexual seduction?

Probation is available for people convicted of the Nevada crime of statutory sexual seduction, but the defendant must submit to a psychological examination to determine whether it is likely he or she will commit this offense again.

More Information

As with any crime involving sex, statutory sexual seduction can result in jail time even though the parties engaged in consensual sex.

If you are arrested for statutory rape in Nevada, you should contact LV Criminal Defense immediately to begin your defense.

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