702-623-6362 
The principal calls you into school before the start of the day. The district places you on admin leave. A detective requests access to your cell phone. Although you may have minimal knowledge regarding the allegations against you, the following meeting will be important for both your employment and a possible criminal investigation.
Las Vegas criminal defense lawyer Nick Wooldridge represents educators facing allegations of sexual misconduct with a student, including people who have yet to be arrested or charged. A school district can investigate a complaint while police gather evidence for a criminal case. Educator licensing is a separate process.
Before you respond, find out who is asking for an interview, what they want to discuss, and when they expect an answer.
Called in for an interview or asked to turn over a device? Call LV Criminal Defense at 702-623-6362 or request a free consultation.
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Nevada’s school-employee statute can apply to a teacher, coach, administrator, or volunteer. The person’s job title is only part of the inquiry. To convict under this law, the State must prove each of these elements beyond a reasonable doubt.
A pupil’s agreement to the conduct does not defeat a charge when those elements are met. The law has an exception for people married to each other at the time and excludes sexual conduct between two pupils. NRS 201.540.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
A district may call a complaint sexual misconduct before any criminal charge exists. If police are investigating an allegation of teacher sexual assault, the charge depends on the acts alleged, the ages of the people involved, and their connection through the school.
| Nevada charge | What distinguishes it |
|---|---|
| Sexual conduct with a pupil NRS 201.540 |
Defined sexual conduct with a qualifying pupil by a current or former school employee or volunteer in a position of authority. The adult’s age, the pupil’s age and diploma status, and the school connection all matter. |
| Unlawful communication with a pupil NRS 201.553 |
Knowing contact or attempted contact for a prohibited purpose, such as encouraging the pupil to engage in sexual conduct or send a sexual image of themselves. |
| Sexual assault NRS 200.366 |
Sexual penetration against someone’s will or when the accused knew or should have known the person was incapable of resisting or understanding the conduct. The law also separately covers specified acts of penetration involving a child under 14. |
| Statutory sexual seduction NRS 200.364 and 200.368 |
Intercourse or other qualifying sexual penetration by someone 18 or older with a 14- or 15-year-old who is at least four years younger. |
| Lewdness with a child NRS 201.230 |
In an adult prosecution, a willful lewd act upon or with the body of a child under 16, with the required sexual intent, where the act falls outside the sexual assault statute. |
The student’s age can change which charge fits. An allegation involving a 14- or 15-year-old falls outside NRS 201.540, and a prosecutor may consider the other statutes above. For more on those charges, see our pages on sexual assault and lewdness with a child.
College and university cases follow a separate statute. It applies to specified employees age 21 or older, including professors, administrators, and coaches, when the student is at least 16, has yet to receive a diploma, GED, or equivalent, and attends or is enrolled at the same institution. A college may also enforce its own rules about employee–student relationships. NRS 201.550.
Yes. Nevada can charge unlawful communication even when the pupil never replies and no meeting occurs. The law can apply to a current or former public- or private-school employee or volunteer age 18 or older who had contact with the pupil through their duties. The State must prove knowing contact or an attempt to make contact, along with a prohibited purpose. A message seeking a sexual image of the pupil or encouraging the pupil to engage in sexual conduct can raise that issue.
The law treats unlawful communication as a category C felony unless another statute provides a greater penalty. It includes an exception for receiving an unsolicited sexual image or sexual communication electronically and reporting it to the school official in charge as soon as reasonably practicable. How the conversation started, who sent each message, and what was reported can all matter. NRS 201.553.
It is helpful to start with the dates of the first message, the alleged encounter, the student’s assignment in the teacher’s class, and the date of the student’s graduation or completion of equivalent studies. School records and correspondence can be organized in chronological order to help determine which parts of the allegation are true and which need to be further explored.
Read the full conversation. To determine who sent a message and what it means in context, we search for the messages before and after a given message, the original timestamp for the message, account records for the user, and other relevant information. We also examine how the investigator obtained the device or account records and whether there was a warrant or consent and the scope of that warrant or consent.
Employment assignments, coaching rosters, and enrollment or graduation records can establish the dates of employment for a school staff member, as well as the manner in which the staff member became acquainted with the student. For off-campus allegations, schedules, access logs, or available video can establish the locations and times of the alleged conduct. Note that many records are destroyed after a relatively short period of time, so identifying what needs to be preserved early on is critical.
School administrators can first document reported incidents before police detectives interview witnesses. In reviewing accounts of reported incidents, counsel can first determine what each witness reported and when. Then counsel can determine which reported facts can be independently verified. Reviewing accounts before filing allows counsel to identify potential issues with the police investigation to address with the prosecutor. After filing, the same review can assist counsel in deciding whether to move to suppress evidence, challenge counts, or negotiate a resolution of the matter.
A conviction under NRS 201.540 is a category C felony. The statutory prison range is one to five years, and the court may impose a fine of up to $10,000. A court considering probation or a suspended sentence must meet Nevada’s risk-certification requirement before granting it. NRS 193.130 and NRS 176A.110.
Nevada lists a conviction under NRS 201.540 as a sexual offense for registration purposes. The registration period depends on the person’s tier. NRS 179D.097 and NRS 179D.490.
The district may make decisions about leave or employment while the criminal investigation is ongoing. Nevada’s State Board of Education can also take separate licensing action on statutory grounds, which include certain convictions and substantiated reports. If you receive a licensing notice, keep a copy and flag any response or hearing deadline when you speak with counsel. NRS 391.330.
NRS 201.540 can still apply. It sets a minimum pupil age of 16. An 18-year-old who has yet to receive a diploma, GED, or equivalent can meet the pupil requirements when the necessary school connection exists. This is one of the school-related limits on Nevada’s general age-of-consent rules.
The State can establish a school connection through current or former enrollment or attendance at the school where you worked or volunteered. Contact through your school duties can also qualify, including in some cases involving a pupil from another school.
The date the pupil received a diploma, GED, or equivalent matters. A credential received before the alleged conduct defeats that element of NRS 201.540. If investigators allege that some conduct occurred before the credential was issued, the timeline for each allegation matters. Other charges have their own requirements.
Yes. A lawyer can go through the notice or interview request with you, help you identify records that need to be preserved, and advise you as the police or district investigate further.
If a school administrator, district investigator, or detective has contacted you about sexual misconduct with a student, tell us who contacted you, whether an interview has been scheduled, and whether you received anything in writing.
Call LV Criminal Defense at 702-623-6362 or request a free consultation.
