Introduction to Sex Crimes in Nevada

At Hofland and Tomsheck, we understand the life-altering consequences of being accused of a sex crime. The stigma, legal ramifications, and long-term effects can be overwhelming and devastating. When facing such accusations in Nevada, it’s crucial to have an experienced defense attorney by your side to safeguard your rights and build a strong defense strategy. Josh Tomsheck, a Nationally Board Certified Criminal Lawyer and a certified specialist in criminal law with the State Bar of Nevada, has extensive experience in defending clients against various sex crime charges throughout the state. His comprehensive understanding of Nevada’s legal landscape ensures that you will receive the robust defense you deserve.

Sex crime accusations can affect every aspect of your life. Whether it’s the possibility of serving prison time, the long-term impact of mandatory sex offender registration, or the personal and professional harm that often accompanies such accusations, the stakes are high. At Hofland and Tomsheck, we are committed to helping our clients navigate these complex legal situations and fight for their rights every step of the way.

What Constitutes a Sex Crime in Nevada?

In Nevada, sex crimes encompass a wide range of offenses involving unlawful or exploitative sexual behavior. These crimes can include both physical actions, such as sexual assault or inappropriate contact, as well as crimes involving the internet, such as solicitation of minors or distribution of explicit material. Understanding the legal definitions and consequences of these crimes is critical, as penalties can be severe and life-altering.

Common Types of Sex Crimes in Nevada

Nevada’s Revised Statutes (NRS) lay out specific offenses and their legal definitions. These statutes dictate the elements of each crime and the corresponding penalties. Some of the most common sex crimes include:

• Sexual Assault (NRS 200.366): This serious offense involves non-consensual sexual penetration. It can occur through force, threat, or coercion. In some cases, even if the accused believes the act was consensual, they may still face prosecution if the alleged victim disputes consent. Penalties for sexual assault are severe and can include life imprisonment.
• Statutory Sexual Seduction (NRS 200.364): Also known as statutory rape, this crime occurs when an adult engages in sexual activity with a minor under the age of 16. Even if the minor gives apparent consent, Nevada law does not recognize a minor’s ability to consent to sexual activity with an adult. Penalties for statutory sexual seduction are severe and can result in prison sentences and mandatory sex offender registration.
• Lewdness with a Minor (NRS 201.230): This crime involves sexual acts with a minor that do not include penetration, such as inappropriate touching or indecent exposure. Convictions for lewdness with a minor carry harsh penalties, including long prison sentences and lifetime registration as a sex offender.
• Child Pornography (NRS 200.710): Possessing, distributing, or producing child pornography is one of the most severe sex crimes in Nevada. Federal charges often accompany state-level charges, which can lead to decades in prison and mandatory sex offender registration. Federal involvement adds complexity and gravity to these cases, making strong legal defense essential.
• Prostitution and Solicitation (NRS 201.354): While prostitution is legal in some counties in Nevada, it remains illegal in places like Las Vegas and Clark County. Engaging in or soliciting prostitution in these areas can result in misdemeanor or felony charges, depending on the circumstances. Although less severe than other sex crimes, prostitution-related charges can still carry penalties that include jail time, fines, and a permanent criminal record.

Why Are Sex Crimes Treated So Harshly?

Nevada takes sex crimes very seriously, imposing stringent penalties to protect individuals—particularly vulnerable populations like children—from exploitation and harm. Many sex crimes leave lasting emotional, psychological, and physical damage on victims, prompting legislators and courts to enforce strict punishments for offenders. Crimes involving minors, such as statutory rape or child pornography, are especially egregious in the eyes of the law and are punished accordingly.

Aside from legal consequences, being accused of a sex crime brings significant social repercussions. The stigma attached to such accusations can affect your career, relationships, and overall quality of life. In many cases, those accused of sex crimes may face public shame, lose their jobs, and be ostracized from their communities—even if they are ultimately found not guilty. A conviction, however, can be even more devastating, often resulting in a prison sentence, fines, and a lifetime requirement to register as a sex offender.

The Importance of Consent

Consent is a central element in many sex crime cases in Nevada. For an act to be considered consensual, all parties must willingly agree to participate without any form of coercion, manipulation, or intimidation. Furthermore, consent can be withdrawn at any time, and any continuation of the act beyond that point constitutes sexual assault under Nevada law.

In cases involving minors, the issue of consent is even more stringent. A minor under the age of 16 cannot legally consent to any sexual activity with an adult, regardless of the minor’s participation or willingness. This legal stance means that even if the minor willingly engages in the act, the adult can still be charged with a serious offense, including statutory sexual seduction or lewdness with a minor.

Understanding the complexities of consent is crucial when facing a sex crime charge. An experienced defense attorney like Josh Tomsheck can scrutinize the circumstances surrounding the alleged act, gathering evidence and testimony to support the argument that the act was consensual or that the accused had a reasonable belief that consent was given.

Defending Your Rights with Hofland and Tomsheck

Facing a sex crime charge is one of the most challenging legal situations a person can encounter. The emotional toll, combined with the potential for life-altering legal penalties, can be overwhelming. That’s why it is critical to have a highly skilled and experienced attorney on your side. At Hofland and Tomsheck, Josh Tomsheck brings years of experience defending clients against serious accusations of sex crimes.

As a Nationally Board Certified Criminal Lawyer and a certified specialist in criminal law with the State Bar of Nevada, Josh Tomsheck has the qualifications and knowledge to provide a powerful defense. He understands the intricacies of Nevada’s legal system and has a reputation for effective trial defense and negotiation skills. Whether you’re facing charges related to sexual assault, internet crimes, or child pornography, Josh Tomsheck’s expertise will give you the best possible chance of a favorable outcome.

How Hofland and Tomsheck Can Help

When defending against sex crime charges, it is essential to take a proactive and thorough approach. At Hofland and Tomsheck, we leave no stone unturned. We:

• Conduct in-depth investigations into the allegations
• Gather evidence and identify witnesses to support your defense
• Analyze forensic and digital evidence, including DNA and electronic data
• File necessary pre-trial motions, such as motions to suppress unlawfully obtained evidence
• Provide aggressive courtroom representation during trial

Josh Tomsheck’s proven track record of success, along with his compassionate approach to defense, ensures that your case will be handled with the utmost care and diligence.

If you or a loved one is facing sex crime charges in Nevada, don’t hesitate to seek legal help. Contact Hofland and Tomsheck for a confidential consultation today, and let us begin building your defense.