What is Considered a Lewd Act?
Basically, anything that has to do with the intent to sexually arouse one’s self or the child is considered a lewd act. This includes non-touching and outside the clothing touching. In truth, many interactions between a child and an adult can and are misconstrued under this law.
This is why it is extremely important to seek the advice of console who have many years defending against these charges that carry a lifetime of punishment even if the charges are dismissed.
What are the Penalties?
This is a very serious accusation and if you or a loved one have been arrested and charged with this crime it is imperative you call a qualified attorney now to protect your rights. Nevada Revised Statutes 201.230 reads in part that a person who is convicted of committing any lewd or lascivious act on a child under the age of fourteen is guilty of the category A felony lewdness with a child and will be imprisoned in the state prison for life with eligibility for parole after 10 years have been served.
You may also be fined of not more than $10,000. This case will stay on your record forever and parole is lifetime supervision. You may also have to register as a sex offender for life.
What If There Is a Previous Conviction?
In addition, even more seriously, a person who commits lewdness with a child offense, and who has already been previously convicted of lewdness with a child or any other sexual offense against a child whether in Nevada or outside the state, is also guilty of a category A felony, but shall be punished by imprisonment in the state prison for life without the possibility of parole.
Is DNA Needed?
No, it is not needed. In fact, hardly any evidence is needed to garner a conviction. However, the district attorneys do not think children ever make these charges up. Exact dates and times are not needed. Statute of limitations have been extended thus faded memories or false memories do not hinder the prosecution.
However, evidence that supports your case is not maintained or collected. Witnesses move or pass away. False allegations occur more than people think. Especially during custody battles. It is Nevada policy that the child will often undergo a forensic sexual abuse interview and the people conducting these interviews, even though trained to gather evidence, sometimes have agendas and the way the questioning is framed can lead to false or exaggerated charges.
As you can see, this is a very serious and scary offense. Do not procrastinate in obtaining excellent legal help. We have decades of experience in handling these sensitive charges. Let us give you the best defense possible. Call today.