Understanding the Legal Age of Consent in Nevada

How Nevada Defines the Age of Consent

Nevada has an age of consent of 16 years old. This is somewhat unique in comparison to other states, which have a slightly higher age of consent starting at 17 or 18. The Nevada Statute NRS 200.364 states that a person who is 21 years or older can be charged with statutory sexual assault if he or she engages in sexual activity with a minor under the age of 16, and can result in penalties of two years imprisonment in addition to a fine. However, the statute makes an exception for minors who are either married or previously divorced.
In the state of Nevada, both men and women can be convicted of statutory sexual assault regardless of gender; however , there is no guarantee of jail time. A Nevada statute states that consensual sex involving anyone under the age of 16 in the state can result in a fine ranging from $1,0000 to $10,000; however, no jail time is guaranteed.
Due to the subjective nature of statutory rape cases, the punishments vary from offender to offender in the state of Nevada. For example, an accused sex offender in the state of Nevada could spend two to 15 years behind bars for engaging in sexual activity with someone under the age of 16—but the court might also decide to impose probation instead.

Statutory Rape Laws in the State of Nevada

As a general rule, consent is an affirmative defense to sexual activity. But if one of the participants is under 16 years old (as of this writing), consent is not a defense. Thus a person may face criminal charges for sexual activity with a child under 16 even if the child agrees to the sexual activity and even if the accused honestly believes the child is over age 16. Nevada law breaks down statutory sexual activity into degrees: 1. Sexual assault with a victim who is less than 14 years old NRS 200.366 2. Sexual assault with a victim who is at least 14 years old but less than 16 years old NRS 200.364 and 200.366 3. Lewdness with a child under 14 years old NRS 201.230 4. Lewdness with a child who is at least 14 years old but less than 16 years old NRS 201.230 and 201.255 5. Possession of child pornography NRS 200.710 6. Using a minor in producing pornography NRS 200.713(2) 7. Communicating with a minor for purposes of engaging in sexual conduct NRS 201.560 8. Soliciting sexual conduct with a minor NRS 201.561 9. Child sex trafficking NRS 200.3681 10. Production of child pornography NRS 200.720 11. Employment, use or coercion of a minor in producing child pornography NRS 200.715 12. Any harmful, obscene or sexually explicit conduct NRS 201.263 13. Production of pornography NRS 200.720 Each of these offenses is a Category A or Category B felony, which carries potentially substantial prison terms. For many of these charges, prosecutors may be willing to offer Nevada plea bargains that allow the defendant to avoid a conviction on the charges (which means avoidance of mandatory sex offender registration). Even in the above-mentioned situation where the defendant is guilty as charged, there may be alternative defenses that help mitigate the situation and even quash charges before they reach court, avoiding a conviction.

Exceptions to the Age of Consent to Sexual Conduct

However, there are some exceptions, or close-in-age exemptions, as follows:
Nevada law protects victims of statutory sexual conduct from prosecution when they engage in sexual conduct with a person who is also a minor of similar age/size. For example, if one 14-year-old boy has sex with his equally-aged girlfriend, and his girlfriend tells her parents, no crime has occurred. And the boy will not be charged with statutory sexual conduct.
Under Nevada law a close-in-age exemption exists that assumes mutual consent and that there was no exploitative relationship or motive. Therefore, boys (and girls) who are both within the close-in-age exemptions may engage in sexual conduct without violating Nevada’s statutory sexual conduct law.
The close-in-age exemption does not apply to child sexual abuse cases.

Implications for Sexual Conduct Involving Teenagers

The presence of age of consent laws in Nevada has substantial implications for teenage relationships, particularly as those relationships progress. While these laws are designed to protect minors from sexual exploitation, they also create legal complications and intricacies that teens and their parents must navigate. Understanding these laws will empower both groups to make more informed decisions, and to be better prepared for the potential legal implications of those decisions.
It is important for both parents and teens to understand that, in Nevada, a minor’s best interests are not necessarily considered in a legal proceeding if they are accused of engaging in sexual activity with someone older. For example, even if both parties are willing, one party could easily end up facing legal consequences for the other party’s actions if they are caught engaging in sexual activity , regardless of whether or not that was the intent of either party.
These laws exist because of the developmental differences that exist in people of different ages. While a significant age difference or difference of maturity level between two consenting parties may seem to be an unimportant factor, Nevada law does not find it to be so. Instead, the law largely disregards a minor’s perceived choice in the matter, instead placing the burden specifically on the older partner to make the decision to refrain from any sexual activity with an underage partner.
Even if there is a clear difference of one or two years in the ages of these two individuals, the partner who is two years older will almost always be charged if the court determines that the difference in ages combined with the differences in the levels of maturity on the parts of both parties amounts to exploitation of the younger partner. Thus, it is crucial for minors to be aware of the law in this area and plan appropriately for their interactions with older partners.
If you have questions about the age of consent in Nevada and how it may apply to your situation, contact a skilled lawyer today.

Advantages and Disadvantages for Minors

Nevada law affords minors numerous protections, even when the minor has started to engage in sexual activities and may be over the legal age of consent. In addition, a minor in Nevada is not criminally liable for contrary conduct or acts prohibited by the sexual assault and statutory rape laws discussed above. In other words, a minor girl or boy is not, for example, guilty or criminally responsible for statutory rape or sexual assault if the sexual encounter was consensual or voluntary.
Further, minors are not civilly liable for acts arising out of a prohibited sexual relationship. For example, a 15-year-old girl cannot be sued for having an affair with her 35-year-old teacher. This is true even if the teacher was fired for engaging in the sexual relationship and even if the girl becomes pregnant. Note that while she cannot be sued for the affair itself, she can be forced to give up the child for adoption if she gives it up for adoption within 72 hours of birth.

Recent Developments and Reformed Law

In recent years, there has been a growing public discourse around the issue of consent and the need to protect minors from sexual exploitation. These discussions have led to changes not just at the federal level, but also here in Nevada.
In 2017, the Nevada Legislature passed Assembly Bill No. 387, which made revisions to existing laws concerning sex trafficking and sexual offenses against children. One notable change was the increase in the penalty for those convicted of sex trafficking minors, a crime that encompasses a broad range of exploitative behaviors, including prostitution and child pornography.
Another important aspect of recent legislative activity has been the increased emphasis on providing resources for victims. The Nevada Attorney General’s Office has launched several initiatives aimed at protecting children and adult victims of sexual exploitation. These include a statewide hotline for victims, and educational resources for parents and educators to better understand the current legal landscape .
Moreover, local law enforcement agencies have also ramped up efforts to crack down on violations of the age of consent. The Washoe County Sheriff’s Office, for instance, has a dedicated sex crime unit that not only investigates cases of sexual assault, but also educates teens about internet safety and how to recognize potential signs of grooming by predators.
These changes don’t just apply to criminal prosecutions; they have implications for family law as well. A court may revoke your parental rights if you have been convicted of certain sex crimes, even if the crime was directed at an unrelated third party.
It is clear that the legal framework concerning the age of majority in Nevada is continually evolving in response to technological changes and societal needs. As the conversation surrounding consent continues to unfold, residents are well-advised to stay informed of their rights and responsibilities and seek legal counsel when faced with relevant questions or accusations.