Incest – NRS 201.180

Overview

Incest, as defined under Nevada Revised Statute (NRS) 201.180, is a serious criminal offense that involves engaging in sexual activity with a close family member. This statute is intended to uphold societal standards and protect individuals from sexual exploitation and abuse within the family unit. A conviction for incest can have severe legal and social consequences, including imprisonment, fines, and mandatory registration as a sex offender. Understanding the elements of this crime, as well as potential defenses, is crucial for anyone facing such charges. Attorney Josh Tomsheck of Hofland & Tomsheck is a highly experienced criminal defense lawyer who can provide comprehensive legal representation for those accused of incest in Las Vegas and throughout Nevada.

Definition of Incest

Under NRS 201.180, “incest” is defined as engaging in sexual intercourse or penetration with a person known to be related by blood or marriage within specific degrees of consanguinity or affinity. Key components of this statute include:

1. Sexual Activity: The statute prohibits sexual intercourse or penetration, as defined under Nevada law, with a close relative.
2. Degrees of Relationship: The prohibited relationships include, but are not limited to, siblings, half-siblings, parents, children, aunts, uncles, nieces, and nephews, whether by whole or half-blood, or through adoption.
3. Knowledge of Relationship: The individual accused must knowingly engage in sexual activity with a person they are aware is closely related to them as defined by the statute.

Legal Requirements for Prosecution

To secure a conviction for incest under NRS 201.180, the prosecution must prove the following elements beyond a reasonable doubt:

1. Sexual Intercourse or Penetration: The accused must have engaged in an act of sexual intercourse or penetration with the alleged victim.
2. Close Relationship: The alleged victim must be related to the accused by blood or marriage within the prohibited degrees of consanguinity or affinity.
3. Knowledge of Relationship: The prosecution must establish that the accused knew about the familial relationship at the time of the sexual activity.

Related Offenses

Incest charges are often accompanied by or related to other criminal offenses, depending on the circumstances of the case. Understanding these related charges is essential, as they can significantly impact the legal strategy and potential penalties:

• Sexual Assault – NRS 200.366: If the sexual activity is non-consensual or involves force or coercion, the accused may also face charges of sexual assault.
• Lewdness with a Child – NRS 201.230: If the alleged victim is a minor under the age of 16, additional charges of lewdness with a child can be brought against the accused.
• Child Abuse or Neglect – NRS 200.508: Incest involving a minor may also result in charges of child abuse or neglect, especially if there is evidence of harm or endangerment.

Examples of Incest Offenses

To illustrate how NRS 201.180 is applied, consider the following examples:

• Example 1: A person is accused of having sexual intercourse with their half-sibling, whom they have known and been raised with since childhood. This act constitutes incest under NRS 201.180 and can lead to severe criminal charges.
• Example 2: An adult engages in a consensual sexual relationship with their niece, who is also an adult. Despite the consensual nature, this relationship is considered incestuous under Nevada law and can result in felony charges.

Penalties for Incest

The penalties for committing incest under NRS 201.180 are severe and can have long-lasting consequences on the accused’s life. The offense is classified as a Category B felony, carrying the following penalties:

• Imprisonment: A conviction can result in a prison sentence of 2 to 10 years in the Nevada Department of Corrections.
• Fines: The court may impose fines of up to $10,000.
• Sex Offender Registration: Conviction for incest typically requires mandatory registration as a sex offender, which can have significant social and legal implications, including restrictions on where the individual can live and work.

Defenses Against Incest Charges

If you are facing charges for incest under NRS 201.180, several defenses may be applicable depending on the circumstances of your case. Attorney Josh Tomsheck can evaluate your situation and develop a defense strategy tailored to your needs. Common defenses include:

1. Lack of Knowledge of Relationship: Demonstrating that the accused was unaware of the familial relationship can be a strong defense. For example, if the accused did not know that the alleged victim was a half-sibling or adopted relative, this could mitigate liability.
2. Lack of Sexual Intercourse or Penetration: If the prosecution cannot prove that sexual intercourse or penetration occurred, the charges may be dismissed. The burden of proof is on the prosecution to establish this element beyond a reasonable doubt.
3. False Accusation: If the accused can show that the allegations are false or motivated by ulterior motives, such as revenge or a family dispute, this can lead to a dismissal of charges.
4. Consent is Not a Defense: It is important to note that in Nevada, consent is not a valid defense against charges of incest. The law criminalizes the act of sexual activity between close relatives, regardless of whether both parties consented.

The Importance of Legal Representation

Navigating the complexities of incest charges requires experienced legal representation. Attorney Josh Tomsheck is a board-certified criminal trial attorney and a registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling sensitive and complex criminal cases equips him to provide a robust defense against charges under NRS 201.180.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain States Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous dismissals and acquittals at trial. His commitment to protecting the rights of his clients and his deep understanding of Nevada’s legal landscape make him a formidable advocate in cases involving incest.

Understanding Your Rights

If you are accused of incest, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests. Attorney Josh Tomsheck and the team at Hofland & Tomsheck are dedicated to providing aggressive and knowledgeable defense strategies tailored to your case.

Contact Josh Tomsheck Today

For more information about defending against incest charges under NRS 201.180 in Las Vegas or anywhere in Nevada, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options. Don’t leave your future to chance—let us help you protect your rights and achieve the best possible outcome.