What is Nevada’s Age of Consent?
As part of a healthy relationship, everybody knows that sex is a natural progression. However, when the age of one or more of its participants is factored into the equation, the legal aspect of the interaction becomes much trickier.
In Nevada, the age of consent is more specifically defined as 16. The law is defined in Nevada Revised Statutes 200.364 and states, "It is unlawful for a person who is 18 years of age or older to engage in sexual penetration with another person who is not his or her spouse if the other person is at least 14 years of age , but less than 16 years of age." This means that any person under the age of 18 who engages in sexual intercourse with a person who is 14-16 years old is guilty of a Category B felony and will receive two to 20 years imprisonment.
So how does Nevada’s age of consent compare to those of its neighboring states?
Idaho: 18
Oregon: 18
California: 18
Utah: 18
Arizona: 18
Wyoming: 16
Ages of consent are determined by each individual state, and laws also differ depending on which sex is the offender or the victim. For example, in Utah, the ages of consent are 18 for heterosexual males, but 16 for heterosexual females.
There are several accompanying laws to the age of consent laws, including laws about sexual harassment and assault. In the state of Nevada, these laws are defined under Nevada Revised Statutes 200, 201 and 207. Fortunately, identifying the applicability of these laws and their translation into a courtroom scenario is not up to you, but rather your lawyer.
Understanding the Legal Implications of Nevada’s Laws
Violating Nevada’s age of consent laws can trigger felony sexual assault charges, even if the person is only a couple of years older than the minor victim.
It is important to recognize that legal age of consent does not imply any moral or ethical sharing that opinion. Nevada law has simply established the legal age at which persons can legally consent to sex.
When a senior in high school has sex with a freshman, or a sophomore in college engages with his 8th-grade girlfriend, the law appears more concerned with punishing sexual activity between adults and minors.
While the law does not include an exception if the parties are close in age, persons below the legal age are no less than victims. Such cases are often prosecuted with the assistance of the local police department’s juvenile division.
Nevada places its most serious sex crimes, such as sexual assault, under its forcible sex offenses statute. Section 200.366 makes punishments for sexual conduct with minors more severe. The defendant is charged with first-degree sexual assault if the minor victim is under 16.
Even if the alleged offender is only a few years older than the minor, they can expect a long prison sentence. Even a plea bargain may result in several decades of incarceration.
The severity of the penalties and punishments demonstrates that Nevada is not interested in establishing any exceptions for age-difference consent, especially when the parties are not of the same social, economic or educational standing.
Penalties for third-degree sexual assault of a child, pursuant to NRS 200.366, are automatically enhanced if the offender is older than 18 and has intercourse with a minor under the age of 16.
Offenders who enter a plea of guilty or nolo contendere and do not have prior convictions for sexual assault, incest or other sex crimes against minors, will be sentenced to five years to life in prison. The minimum sentence is 25 years with eligibility for parole after ten years.
Sexual conduct with a minor under the age of 14 is charged as a first-degree offense. Conviction results in life imprisonment with eligibility for parole after 35 years (NRS 200.366).
No matter how it is defined, the age of consent remains a potent legal tool for prosecutors looking for defendants to prosecute. Even if the accused is of the same high school or college as the victim, they will be convicted of a serious crime.
Close-in-Age Exceptions of Consent Laws
In some cases, a close-in-age exemption may apply in order to avoid or defend a statutory rape charge in Nevada. Essentially, exemptions will apply when both parties are similar in age, and one party is of the legal age of consent.
Romeo and Juliet laws are an example of a close-in-age exemption. Nevada has a Romeo and Juliet law for minors under 16 years of age. Under this law, it is close-in-age exemptions do not apply to adults who are more than four years older than the minor.
A legal provision for Romeo and Juliet exemption exists in NRS 201.213 in the Nevada Revised Statutes:
A person who engages in a sexual act or submits to a sexual act with another person knowing that the other person is at least 14 years of age but less than 16 years of age commits statutory sexual seduction if:
1. The other person is at least 14 years of age but less than 16 years of age; and
2. The actor was at least 18 years of age and not more than 21 years of age at the time of the commission of the act.
It is important to remember that, even though these laws exist, it can be difficult to prove that a close-in-age exemption is applicable in a Nevada statutory rape case. For example, if you are 18 and your girlfriend is 14, but she lies to the police and tells them that she recently turned 16, you may still be charged with statutory rape because you failed to prove that she is 14 (or 15) at the time of the act.
As you can see, these laws leave a lot of room for interpretation by those involved in the case. It is critical that you contact an attorney sooner rather than later to discuss your options. Your attorney will need to examine your case to determine if close-in-age provisions are appropriate.
Impact of Misinterpreting Age of Consent and Statutory Rape Laws
When individuals engage in sexual activity with someone who is below the age of consent, it can have not just legal consequences but also social and emotional effects. For instance, let’s say you are a minor and you have sex with an adult. The adult could face criminal charges, loss of career, loss of family and loss of personal reputation. The minor may face emotional effects such as regret or depression. Let’s say you are an adult and you age consent with a minor. You face jail time, registration as a sex offender, loss of employment or your business, loss of family and damage to your relations with your peers and society. You may also be ostracized from your community as a criminal who took advantage of a helpless child.
Suppose you are a 17-year-old senior in high school and you have sex with a 20-year-old college freshman. You weren’t even aware of the law until your mother contacted a Nevada criminal defense attorney who informed her on how a mere three-month difference in age could result in you being labeled a sex offender for the rest of your life. She then kicked you out of her home while the attorney was still on the phone. Your life has just unraveled in a matter of minutes , all due to a simple misunderstanding of consent laws. In another scenario, let’s say you are a 30-year-old private investigator and you work regularly with sex workers. You meet an attractive female sex worker with whom you are drawn to. As an experienced investigator, you’re very familiar with the ins and outs of the trade, including how much they work and what they do when they are done for the day. You don’t think anything of it when you invite her to dinner and later have sex with her, and she says yes. Do you really think the dating pool will be all that interested in you when they find out you are a sex offender? They may not be able to get past the stigma of your past even if she lied about her age or lied about being involved in the sex trade. The effects of not understanding consent laws and later being accused of illegal sex are both long-term and short-term, and they are never welcome. Avoid falling victim to consent laws and the stigma of being labeled a sex offender.
Resources for Learning About Consent Laws
For those seeking additional information on consent laws in Nevada, a number of resources are available. Legal Aid Center of Southern Nevada, a non-profit law firm that offers free services to low-income Nevadans including legal education (online and in-person workshops), will host the "Know your Rights: Older Adults" class in the upcoming months. Nevada Legal Services provides assistance and counsel for those who meet income requirements , including representation in guardianship proceedings. The Nevada Guardianship Compliance Office offers information on voluntary and involuntary guardianship, which includes a list of frequently asked questions. The Office of the Nevada Attorney General also offers a resource guide for older Nevadans that provides answers to frequently asked questions on consent as it relates to medical treatment and long-term care.