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Las Vegas Criminal Defense Attorney Talks About Sexual Misconduct by a Nevada Teacher with a Student (NRS 201.540)

teacher sex crimesThe media often reports stories about teachers who have sexual relations with their students; when several of these cases happened in a short period of time a few years ago, Nevada passed a law making this crime a separate classification of sex offense. A teacher can be prosecuted even if the sexual acts with a student are consensual.

Like any sex crime, a teacher who is convicted of having sex with a student faces a lifetime of social stigma as a registered sex offender. Further, a teacher’s career will likely be over even if there is no conviction because of the likelihood that he or she cannot be trusted in a position of authority over children.

Nevada crimes involving sex are punished harshly and you need a skilled Las Vegas sex crimes defense lawyer on your side as soon as you are arrested. Contact LV Criminal Defense if you have been arrested for sexual misconduct with a student.

Nevada Legal of Sexual Misconduct by a Teacher with a Student

Any person employed by a school in a position of authority can be punished for improper sexual conduct with a student. This includes:

  • Teachers;
  • Substitute teachers;
  • School Administrators;
  • Student teachers;
  • Teachers’ aides;
  • School Counselors; and
  • Other professional and non-professional school employees who come into contact with students.

This applies to teacher and other adults in public and private schools. The crime can also apply to sexual misconduct at the university level.

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Sentences for Teacher and Student Sexual Misconduct in Nevada

Punishment for teachers who have sex with students depends on the student’s age, with harsher penalties for younger students

In all cases, the crime results in a felony conviction which carries long prison times, expensive fines, and likely registration as a sex offender.

Students between 16 and 17 years old at the time the sex act takes place:

Nevada sentences a teacher convicted of having sex with a 16 or 17 year old student as a Category C felony. Category C felonies carry 1 to 5 years in a Nevada prison and up to $10,000 in fines.

Students between 14 and 15 years old at the time of the crime:

Teachers who have sex with a student who is 14 or 15 can be convicted of a Category B felony. Category B felonies carry 1 to 6 years in a Nevada prison and fines up to $5,000.

Special Protection for Students involved in Sexual Misconduct with a Nevada Teacher

Nevada law protects students who have been victimized by a teacher. The name of the student or facts that would reveal his or her identity must be kept secret.

Why does Nevada punish consensual sex between teachers and students?

When the Nevada legislature enacted laws punishing teachers who have sex with their students, it stated a few reasons why it believes punishment is justified. First, it believes students should be free from influence by a person who has authority or power over them. Nevada law also wants students to feel comfortable reporting these crimes without fearing that their name will be reported in the newspaper or on TV.

More Information

All sex crimes are serious enough that you should hire the best criminal defense counsel in Las Vegas as soon as you are arrested, and that includes sexual misconduct between a teacher and a student. Nevada law often makes an example of teachers who are accused of this crime, but you have rights too.

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