Common Sex Crimes We Defend

At Hofland and Tomsheck, we are committed to providing the best defense possible for individuals facing sex crime allegations in Nevada. Led by Josh Tomsheck, a Nationally Board Certified Criminal Lawyer and certified specialist in criminal law with the State Bar of Nevada, our firm specializes in defending those charged with some of the most serious and complex sex crimes. We understand how overwhelming it can be to face these accusations, and our goal is to protect your rights, your future, and your reputation.

Sex crime convictions carry severe penalties, including lengthy prison sentences and mandatory registration as a sex offender. However, with the representation of an experienced attorney like Josh Tomsheck, it is possible to challenge these accusations and work toward the best possible outcome. Below are some of the most common sex crimes we defend and the strategies we employ.

Sexual Assault (NRS 200.366)

Sexual assault, often referred to as rape, involves non-consensual penetration of another person, whether through sexual intercourse, oral sex, or penetration with an object. This is a felony offense that can result in life imprisonment with or without the possibility of parole. Being convicted of sexual assault can have lifelong consequences, which makes having a strong legal defense imperative.

Defense Strategies:

• Consent: A key defense in many sexual assault cases is proving that the act was consensual. In these situations, we gather evidence such as text messages, social media interactions, or witness testimony to demonstrate that the alleged victim willingly participated.
• Forensic Evidence: We critically examine how forensic evidence, such as DNA, was collected, preserved, and analyzed. Improper handling or contamination of this evidence can weaken the prosecution’s case significantly.
• Witness Credibility: In some cases, inconsistencies or ulterior motives may be present in the testimony of the accuser or other witnesses. Through cross-examination, we expose any biases, contradictions, or motivations to discredit their accounts.

Statutory Sexual Seduction (NRS 200.364)

Statutory sexual seduction, commonly referred to as statutory rape, occurs when an adult engages in sexual activity with a minor under the age of 16. Under Nevada law, minors cannot legally consent to sexual activity with an adult, even if they willingly participated. This offense can lead to felony charges, mandatory sex offender registration, and long prison sentences.

Defense Strategies:

• Mistaken Age: If the accused had a reasonable belief that the minor was of legal age, we may use this as a defense. Evidence such as social media profiles, conversations, or even witness testimony can help demonstrate that the accused had no knowledge of the minor’s actual age.
• No Criminal Intent: In some cases, we argue that the accused did not intend to engage in statutory sexual seduction and that the sexual activity occurred as a result of a misunderstanding about the minor’s age.

Child Pornography (NRS 200.710)

Possession, distribution, or production of child pornography is among the most serious sex crimes in Nevada. These charges often result in federal prosecution and can lead to decades in prison, along with mandatory registration as a sex offender. Cases involving child pornography are complex and require a defense that addresses both state and federal law.

Defense Strategies:

• Lack of Knowledge: In some cases, individuals may be unaware that illegal content was on their devices, particularly in cases involving shared computers or hacked accounts. We explore whether the accused had actual knowledge of the content’s existence.
• Unlawful Search and Seizure: If law enforcement obtained digital evidence through illegal means—such as searching your device without a valid warrant or probable cause—we file motions to suppress this evidence. Without key digital evidence, the prosecution’s case may be severely weakened.

Indecent Exposure (NRS 201.220)

Indecent exposure involves the intentional display of one’s private parts in public. Although this may seem like a less severe crime compared to others, a conviction can still result in jail time, fines, and mandatory sex offender registration. A strong defense is essential to avoid these serious consequences.

Defense Strategies:

• Accidental Exposure: We may argue that the exposure was unintentional or occurred in a context where it was not meant to be offensive, such as in a private setting where someone unintentionally saw the act.
• Questioning Witness Credibility: In some cases, witness accounts may be unreliable or conflicting. We challenge the validity of these accounts, especially if the evidence shows inconsistencies in their testimony.

Lewdness with a Minor (NRS 201.230)

Lewdness with a minor involves inappropriate sexual contact with a child under 16. This offense is considered highly serious and carries severe penalties, including long prison sentences and lifetime sex offender registration. False accusations in these cases are not uncommon, particularly in contentious situations like custody disputes.

Defense Strategies:

• False Allegations: We carefully examine the circumstances behind the allegations, especially when they arise during heated family or custody disputes. We investigate whether the accusations were fabricated or exaggerated to damage the defendant’s reputation.
• Mistaken Identity: In some cases, the accused may have been misidentified as the perpetrator. By presenting evidence such as alibis, we work to show that the defendant was not involved in the alleged incident.

Prostitution and Solicitation (NRS 201.354)

Although prostitution is legal in certain counties in Nevada, it remains illegal in Las Vegas and Clark County. Engaging in or soliciting prostitution in these areas can result in misdemeanor or felony charges. Although less severe than other sex crimes, these charges still carry significant consequences, including a permanent criminal record.

Defense Strategies:

• Entrapment: If law enforcement officers or undercover agents enticed or coerced the accused into engaging in illegal activity, we may argue that the crime would not have occurred without police intervention.
• Insufficient Evidence: We challenge the prosecution’s evidence, particularly if it relies heavily on law enforcement testimony. If evidence is lacking or weak, we can argue for the charges to be dropped or reduced.

Internet-Related Sex Crimes

With the rise of the internet, Nevada law has expanded to include various internet-related sex crimes, such as the solicitation of minors and distribution of child pornography. These cases often involve intricate digital evidence that requires skilled handling and defense.

Defense Strategies:

• Entrapment: In cases where law enforcement agents posed as minors to lure individuals into illegal activity, we argue that entrapment occurred and that the defendant was induced into committing the crime by the actions of law enforcement.
• Challenging Digital Evidence: Digital evidence, including electronic communications and stored files, must be carefully collected and analyzed. We work with digital forensics experts to scrutinize the handling and chain of custody of this evidence. If it was mishandled, we may seek to have it excluded from the case.

Facing sex crime charges is one of the most stressful experiences anyone can endure. The penalties, both legal and personal, can be devastating, which is why a strong legal defense is essential. At Hofland and Tomsheck, we understand the gravity of these accusations and are dedicated to providing the highest level of legal representation.

Josh Tomsheck, a Nationally Board Certified Criminal Lawyer and certified specialist in criminal law with the State Bar of Nevada, has a proven track record of successfully defending clients against sex crime charges. Whether it involves discrediting witness testimony, challenging forensic evidence, or negotiating a favorable plea agreement, Josh Tomsheck will fight tirelessly to protect your rights and future.

If you or a loved one is facing sex crime charges in Nevada, contact Hofland and Tomsheck today for a confidential consultation. We will assess your case, explain your legal options, and begin crafting a defense strategy tailored to your unique situation.