Age of Consent – NRS 200.368

Understanding Age of Consent in Nevada

The legal age of consent in Nevada is governed by NRS 200.368. This statute is crucial in determining the legality of sexual activities involving minors. Violations of these laws can result in severe criminal charges, including statutory sexual offenses. If you are facing allegations under this statute, it is imperative to understand the law and seek expert legal representation to navigate the complexities of your case.

Statutory Definition

• NRS 200.368 – Age of Consent: This statute specifies that individuals under the age of 16 are legally incapable of consenting to sexual activities. Any sexual contact with a minor who is below this age constitutes a violation of this law.

Key Elements of the Offense

To secure a conviction under NRS 200.368, the prosecution must prove the following elements beyond a reasonable doubt:

1. Age of the Victim: The victim was under the legal age of consent, which is 16 years old.
2. Sexual Contact: The accused engaged in sexual contact or activity with the victim.
3. Knowledge of Age: The prosecution must establish that the accused knew or should have reasonably known the victim’s age.

It is important to note that it is irrelevant whether the accused intended to cause harm or if the victim consented; the legal focus is solely on the victim’s age and the nature of the sexual activity.

Related Offenses

Understanding related offenses can provide additional context and implications:

1. Statutory Sexual Seduction – NRS 200.368: Engaging in sexual conduct with someone under the age of consent.
2. Sexual Assault – NRS 200.366: Non-consensual sexual contact, which can be applicable if the victim is below the age of consent.
3. Lewdness with a Child – NRS 201.230: Engaging in sexual acts with minors, including those below the age of consent.
4. Child Pornography – NRS 200.710: Involves sexually explicit material involving minors.
5. Child Exploitation – NRS 201.235: Covers various forms of exploitation involving minors.

Examples

• Example 1: John, a 30-year-old, engages in a sexual relationship with a 15-year-old. Regardless of John’s belief that the minor consented, he could be charged under NRS 200.368 for statutory sexual seduction.
• Example 2: A 17-year-old, Emily, engages in sexual activity with her 16-year-old boyfriend. Since both are below the legal age of consent but are close in age, the situation may not necessarily lead to criminal charges, but various factors could affect legal outcomes.
• Example 3: A coach engages in a relationship with a 14-year-old athlete. The coach could face charges under NRS 200.368 due to the minor’s age, regardless of any apparent consent.

Defenses to Age of Consent Violations

Effective defenses for charges related to the age of consent include:

• Mistake of Age: If the accused can prove that they reasonably believed the victim was above the age of consent, this may serve as a defense. This belief must be based on factual evidence and reasonable grounds.
• Consensual Relationship: Demonstrating that the relationship was consensual and that the accused had no knowledge of the victim’s age may serve as a defense. However, ignorance of the age alone is not always a valid defense.
• Emancipation: If the minor was legally emancipated, they might be considered capable of consenting to sexual activity. The accused must have reasonable grounds to believe in the minor’s emancipation status.

Potential Penalty for Violating Age of Consent

Penalties for violating the age of consent laws can be severe, depending on the specific charges:

• Statutory Sexual Seduction: This offense is typically classified as a Category D Felony, punishable by 1 to 4 years in prison and potential fines.
• Sexual Assault: Depending on the nature of the offense, it may be classified as a Category A or B Felony, leading to significant prison time and other severe legal consequences.
• Lewdness with a Child: This offense is classified as a Category A Felony, punishable by life imprisonment with the possibility of parole after 10 to 25 years.

Criminal Defense for Age of Consent Violations

At Hofland & Tomsheck, our legal team understands the complexities and serious nature of charges related to the age of consent. Joshua Tomsheck, a distinguished criminal defense attorney with extensive experience, including his tenure as a former Chief Deputy District Attorney, is well-equipped to handle these challenging cases.

If you are facing allegations under NRS 200.368, it is essential to seek knowledgeable legal representation as soon as possible. Joshua Tomsheck can provide you with a robust defense strategy, leveraging his experience and expertise to fight for the best possible outcome.

For more information about defending against age of consent charges in Las Vegas, contact the law firm of Hofland & Tomsheck at (702) 895-6760 to schedule a free consultation. Our team is committed to providing exceptional legal representation and support throughout your case.