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Attorney Chandon S. Alexander is a Las Vegas lawyer who is an active member of the National Trial Lawyers Association and has been recognized as one of the Top 10 Attorneys under 40. He is a member of the Clark County Bar Association, American Bar Association, and the Nevada Justice Association.
In Nevada, sexual assault is also referred to as rape. This occurs when a person forces another person to have sex against his or her will, or when a person has sex with someone who lacks the mental or physical ability to consent or understand what is happening at the time of intercourse. In Nevada, rape is a Class A felony that carries stern consequences, including a lengthy prison sentence and the requirement to register as a sex offender once convicted. But like most cases, the penalties for juvenile and adult charges will differ. A juvenile sexual assault conviction depends on the following factors:
However, if during the sexual assault the victim sustains severe injuries, the penalty is often life in prison without parole for both adult and juvenile offenders. Each case will be different and the evidence presented is critical in juvenile sexual assault cases. If the court cannot prove beyond a reasonable doubt that the offender is guilty of rape, the juvenile sexual assault charges may be dropped altogether. It’s crucial to seek representation from a skilled Las Vegas juvenile crime attorney who has handled these types of cases previously. When your child’s future hangs in the balance, you need the best possible representation.
The goal is to retain as many juvenile crimes within the juvenile system as possible. Nevada lawmakers understand that a mistake by a child should not define them for the rest of their life, therefore, juvenile crime penalties are aimed more toward rehabilitation rather than strict punishment. But, only so much leniency can be given to young offenders. If the juvenile crime committed is a severe crime, harsh consequences will be pursued, and the likelihood of being tried as an adult is much higher. For example, juvenile sex crimes in Las Vegas are at the top of the list for juvenile offenses, there is a high likelihood that the prosecutor will go after the maximum penalty if the defendant is found guilty. Luckily, at the Spartacus Law Firm, our Las Vegas juvenile sex crime lawyer helps families and their young children understand the seriousness of a sex crime conviction for a juvenile and the best way to defend against the possible penalties. Without an experienced attorney on your side, the potential consequences for a juvenile sex offense in Las Vegas can include:
Sexting is a common occurrence among minors, more common than you might think. As a result, Nevada legislators have realized that while teen sexting is a problem, harshly punishing those found guilty of the offense may not be the best solution. In fact, teens who have made the mistake of sexting are generally not charged with child pornography for a first offense. Whereas if someone 21 years or older was caught having sexual images of a minor, they would likely face child pornography charges. To adapt to the sharp increase in sexting, the state of Nevada passed a law in 2011 (NRS 200.737) that specifically addresses teenage sexting. The recent law makes it a crime for a minor to:
1.) A minor shall not knowingly and willfully use an electronic communication device to transmit or distribute a sexual image of himself or herself to another person.
2.) A minor shall not knowingly and willfully use an electronic communication device to transmit or distribute a sexual image of another minor who is older than, the same age as or not more than 4 years younger than the minor transmitting the sexual image.
3.) A minor shall not knowingly and willfully possess a sexual image that was transmitted or distributed as described in subsection 1 or 2 if the minor who is the subject of the sexual image is older than, the same age as or not more than 4 years younger than the minor who possesses the sexual image. It is an affirmative defense to a violation charged pursuant to this subsection if the minor who possesses a sexual image:
A.) Did not knowingly purchase, procure, solicit or request the sexual image or take any other action to cause the sexual image to come into his or her possession; and
B.) Promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency or a school official, to access any sexual image:
1.) Took reasonable steps to destroy each image; or
2.) Reported the matter to a law enforcement agency or a school official and gave the law enforcement agency or school official access to each image.
According to the Nevada sexting statute, a picture by itself is not enough proof to convict someone. Prosecutors need evidence that a teenager requested or solicited a sexual image. Without more, the state cannot prove its case.
If your child has been charged with a sexting offense, you need to contact our Las Vegas criminal defense attorneys at The Draskovich Law Group, Chtd. While the consequences of teen sexting are not as severe as they used to be, a conviction can nevertheless have serious and negative effects on a teenager’s life and future. When the stakes are high, you need compassionate and aggressive legal representation.
A recent study by the National Campaign to Prevent Teen Pregnancy reveals shocking statistics of teens who use cellphones to send or post nude or semi-nude photos and videos of themselves. The percentage of teens who are sexting are as follows:
In fact, 71% of teen girls and 67% of teen boys who send or post sexually suggestive content say that they send/post to a boyfriend/girlfriend. 21% of teen girls and 39% of teen boys say they have sent or posted such content to someone they were romantically/sexually interested in. Furthermore, the FBI reports that nearly one in six teens between the ages of 12 and 17 who own a cellphone has received nude pictures from someone they know.
Despite young teens being classified as juveniles, there’s a real possibility that they can be tried as an adult for a sexting charge depending on the circumstances of the case. If a child is charged as an adult and convicted of a sexual offense, the penalties will be harsh, including a mandatory lifetime sex offender registration. Depending on the age of the “victim(s),” there is a very good chance that your teenager’s picture and your home address may end up on the Megan’s Law website. You’ve likely heard of these incidents occurring in other schools, but never imagined it could happen to your child. We highly recommend that if your child is facing similar juvenile sexual charges in Nevada that you reach out to the Spartacus Law Firm right away to speak with our Las Vegas juvenile sex crime attorney.
In Nevada, a teen’s first offense for sending a sexual image of themself or possessing a sexual image of someone else is not a crime. However, these offenses can still get a child labeled as a “child in need of supervision” by the Nevada Division of Child and Family Services. As a result, you may be ordered to pay a fine or perform community service as a consequence. But the good news is, your child will not be labeled a “delinquent child” and will not be subject to registration or community notification as a juvenile sex offender. A “delinquent act” is the juvenile equivalent of a misdemeanor for adults. A Nevada court may order your child’s detention for up to 6 months at the Clark County Juvenile Detention Center in Las Vegas or another juvenile detention facility. A delinquent act is committed when: