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Las Vegas Statutory Sexual Seduction Attorney

Statutory Sexual Seduction Charges In Las Vegas

In the state of Nevada, certain sexual conduct is illegal. Sexual offenses in Nevada are considered to be crimes against the person and are found in Chapter 200 of Title 15 of Nevada’s criminal code. There are many additional statutes in Chapter 200 that depict various types of sex offenses and that set forth the consequences for these severe crimes. One such statute prohibits statutory sexual seduction.

If you’ve been charged with statutory sexual seduction in Nevada, you’ll need to hire a Las Vegas statutory sexual seduction attorney immediately. A sex crime conviction may harm your reputation, lead to a lengthy jail term, and result in you being required to register as a sex offender, all of which can be inconvenient. Contact the Spartacus Law Firm today for a free consultation and to learn more about how we can help.

Statutory Sexual Seduction Defined

Statutory sexual seduction also referred to as statutory rape in Nevada — has four “elements” that the prosecutor must prove in court, these include the following:

  1. The sex that was had between the defendant and the victim was penetrative (i.e., vaginal intercourse, anal intercourse, cunnilingus, fellatio, penetration with fingers or objects.) If the sex was not penetrative, the charge may be sexual abuse or lewdness with a child
  2. The defendant is at least 18 years old
  3. The victim is 14 or 15 years old
  4. The defendant is at least four years older than the victim

Penetrative sex comprises any of the following sex acts:

  • Ordinary sexual intercourse (vaginal intercourse)
  • Anal intercourse
  • Cunnilingus
  • Fellatio
  • Penetration with fingers or objects

If no penetrative sex transpires, adults who have sexual contact with a minor rather face sexual abuse charges for lewdness with a child (NRS 201.230). The explanation behind statutory seduction laws is that young teens lack the intellectual and emotional capacity to consent to penetrative sex. In Nevada, 16 is the age of consent (NRS 200.364).

Penalties For Statutory Sexual Seduction In Nevada

According to NRS 200.368, the legal penalties for statutory sexual seduction depend upon the age of the defendant:

  • Statutory rape is a Category B Felony in Nevada if the defendant is 21 or older, resulting in 1-10 years imprisonment and $10,000 maximum fines.
  • A juvenile defendant under the age of 21 who has no prior sex offense convictions on their record is guilty of a gross misdemeanor and may face up to 365 days in jail and $2,000 in fines.
  • If the defendant is under 21 and has a prior sex crime record, they will be charged with a Category D felony that carries a punishment of 1-4 years in prison and fines up to $5,000.

Lewdness With A Child Under 14 Years Old

If the victim is younger than 14 years old, then the offense falls under NRS 201.230. In other areas, this crime may be called “child molestation.”

A person who willfully and lewdly commits any lewd or lascivious act, other than a sexual assault with penetration, on a child under the age of 14 years old, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child is guilty of the crime of lewdness with a child under 14 years old. Category A felonies are the most serious type of crime, punishable by life in prison with the possibility of parole after 10 years and a fine not exceeding $10,000. If the person has been convicted of any sexual crime against a child in the past, then they can be given life without parole if they commit that same crime again.

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Frequently Asked Questions

Can The Record Be Sealed For Statutory Sexual Seduction Charges?

The defendant can immediately seal the record if the charge is dropped, regardless of whether it was a gross misdemeanor or a felony. After two years have passed since the conclusion of the case, gross misdemeanor statutory sexual seduction convictions may be sealed. A felony conviction cannot be sealed if you are found guilty.

What Are The Defenses Of Statutory Rape Charges?

Statutory sexual seduction is an allegation that can be difficult to defend against, as it is a strict liability crime. Hiring an experienced Las Vegas statutory sexual seduction attorney is highly recommended. This means that the prosecution does not have to prove that you had any intent to commit the crime. However, there are some defenses that may apply:

  • Lack of Evidence – If the prosecution cannot irrefutably prove every element of the crime as they have described, then you should not be held accountable for said charges.
  • False Allegations – This is a similar concept to the other two defenses in that it rests on establishing a reasonable doubt about the charges, however, it is reasonable to doubt about the facts of the allegations, rather than a reasonable doubt regarding any of the elements of the crime. However, Nevada’s Rape Shield Law states that prior sexual conduct of an alleged victim cannot be used against her unless it relates to prior false reports.
  • Age – Statutory sexual seduction only applies to children aged 16 or younger. If the child is older, then charges of statutory sexual seduction cannot be pressed.

What’s The Difference Between Rape And Statutory Rape?

Rape occurs when an individual forces another individual to have sexual relations against their will. Statutory rape applies when the government has passed laws that state that, under certain conditions, even if both individuals consent to the act, it is still considered to be against the law.

Does Nevada Have A Romeo & Juliet Law?

Yes. Nevada has a “close-in-age exception” to statutory sexual seduction, also known as a “Romeo & Juliet” law. Close-in-age exemptions have been implemented in many states throughout the United States. These laws, known as “Romeo and Juliet laws” provide that a person can legally have consensual sex with a minor provided that he or she is not more than a given number of years older, generally four years or less. Minors ages 14 and 15 may have sex with teens less than four years older than them.

Contact A Las Vegas Statutory Sexual Seduction Attorney Today

If you were arrested in Las Vegas, Nevada on charges of statutory rape, the Spartacus Law Firm will fight for you. Our Las Vegas statutory sexual seduction attorney defends clients charged with sex crimes including sexual assault and open or gross lewdness. Never talk to a police officer about the allegations until you’ve spoken with a criminal defense attorney. To discuss your case in Clark County, Nevada, or the surrounding areas, contact us now.