Las Vegas Child Molestation Defense Lawyer

Child Molestation Defense Lawyer In Las Vegas NV

Being charged with sex crimes, particularly those involving children can have long-lasting consequences. If found guilty of child molestation in Nevada, you could be sentenced to life imprisonment and face severe penalties. In addition, you may have to register as a sex offender, and if falsely accused, you may have to bear the social stigma for many years. It is crucial to seek legal assistance immediately given the high stakes involved.

If you’re facing similar criminal charges, talk to an experienced Las Vegas child molestation defense attorney at the Spartacus Law Firm right away. If you are facing charges related to sexual offenses, our lawyers specializing in sex crime defense can help safeguard your rights and ensure freedom. Get in touch with us today to schedule a consultation and to learn more about how we can help.

What Is Considered Sexual Assault Against a Minor in Nevada?

Section 200.366 of the Nevada Revised Statutes (NRS) states that anyone who sexually penetrates another person, forces a person to sexually penetrate themselves or someone else, or commits sexual acts against someone who is physically or mentally unable to resist or comprehend the situation is guilty of sexual assault.

According to the law, it is considered sexual assault when someone sexually penetrates a child under the age of 14 or coerces them to engage in sexual penetration with themselves or someone else. This applies even if the child claims to have given their consent.

In Nevada, it is illegal for anyone who is 18 years or older to have sex with a 14 or 15-year-old unless they are less than 4 years older than the minor. This is called statutory sexual seduction or statutory rape, and it is punishable by law. The age of consent in Nevada is 16. Additionally, if a school employee who is over 20 years old has sex with a student, they can also be charged with statutory sexual seduction.

Nevada Laws Regarding Child Molestation

In Nevada, there are two more laws concerning sexual acts with children. One of them is NRS 201.230, which states that any inappropriate or obscene act with a child under 16 that doesn’t count as sexual assault is considered lewdness with a child. The severity of penalties for lewdness with a child varies depending on the ages of both the child and the perpetrator. Specific penalties are designated for each age range.

• Adults 18 years or older and children under age 16
• Adults 18 years or older and children under age 14
• Older children under age 18 and children under age 14

Another Nevada law related to sexual acts with minors is NRS 200.508. It covers child abuse and prohibits sexual abuse or exploitation of individuals under 18 years old. This law applies to any sexual acts involving minors that are not covered by other statutes.

Statutory Sexual Seduction Laws in Nevada (NRS 200.368)

The legal definition of statutory sexual seduction, also known as statutory seduction, occurs when an adult that is eighteen years of age or older and a child fifteen or fourteen years of age or younger and with a minimum four-year age difference have either:

• Sexual intercourse,
• Oral sex,
• Anal sex,
• Digital sex (“fingering”), or
• Any other sexual act involving penetration

Please be aware that, regardless of whether the child gives consent or not, engaging in sexual activity with a minor under the age of sixteen is illegal in Nevada according to NRS 200.364. Additionally, if the accused is a school employee or volunteer and the alleged victim is a student at the school, they can be charged with statutory rape even if the victim is between the ages of sixteen and seventeen.

Penalties For Child Molestation in Las Vegas, NV

In Nevada, severe penalties are imposed on individuals found guilty of child sex crimes, which are widely condemned in our society. These penalties vary depending on the type of crime committed.

1. A person is guilty of lewdness with a child if he or she:

(a) Is 18 years of age or older and willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 16 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child; or

(b) Is under the age of 18 years and willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child.

2. Except as otherwise provided in subsections 4 and 5, a person who commits lewdness with a child under the age of 14 years is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served, and may be further punished by a fine of not more than $10,000.

3. Except as otherwise provided in subsection 4, a person who commits lewdness with a child who is 14 or 15 years of age is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and may be further punished by a fine of not more than $10,000.

4. Except as otherwise provided in subsection 5, a person who commits lewdness with a child and who has been previously convicted of:

(a) Lewdness with a child pursuant to this section or any other sexual offense against a child; or

(b) An offense committed in another jurisdiction that, if committed in this State, would constitute lewdness with a child pursuant to this section or any other sexual offense against a child,

is guilty of a category A felony and shall be punished by imprisonment in the state prison for life without the possibility of parole.

5. A person who is under the age of 18 years and who commits lewdness with a child under the age of 14 years commits a delinquent act.

6. For the purpose of this section, “other sexual offense against a child” has the meaning ascribed to it in subsection 6 of NRS 200.366.

200.508. Abuse, Neglect or Endangerment of Child: Penalties; Definitions

1. A person who willfully causes a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect:

(a) If substantial bodily or mental harm results to the child:

(1) If the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served; or

(2) In all other such cases to which subparagraph (1) does not apply, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years; or

(b) If substantial bodily or mental harm does not result to the child:

(1) If the person has not previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years; or

(2) If the person has previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years,

unless a more severe penalty is prescribed by law for an act or omission that brings about the abuse or neglect.

2. A person who is responsible for the safety or welfare of a child pursuant to NRS 432B.130 and who permits or allows that child to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect:

(a) If substantial bodily or mental harm results to the child:

(1) If the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

(2) In all other such cases to which subparagraph (1) does not apply, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years; or

(b) If substantial bodily or mental harm does not result to the child:

(1) If the person has not previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a gross misdemeanor; or

(2) If the person has previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category C felony and shall be punished as provided in NRS 193.130,

unless a more severe penalty is prescribed by law for an act or omission that brings about the abuse or neglect.

3. A person does not commit a violation of subsection 1 or 2 by virtue of the sole fact that the person delivers or allows the delivery of a child to a provider of emergency services pursuant to NRS 432B.630.

4. As used in this section:

(a) “Abuse or neglect” means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child under the age of 18 years, as set forth in paragraph (d) and NRS 432B.070, 432B.100, 432B.110, 432B.140 and 432B.150, under circumstances which indicate that the child’s health or welfare isharmed or threatened with harm.

(b) “Allow” means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that the child is abused or neglected.

(c) “Permit” means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.

(d) “Physical injury” means:

(1) Permanent or temporary disfigurement; or

(2) Impairment of any bodily function or organ of the body.

(e) “Substantial mental harm” means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of the ability of the child to function within his or her normal range of performance or behavior.