Sex Crimes

• If substantial bodily harm results, for a category A felony and either prison for life without the possibility of parole; or with eligibility for parole after 15 years.
• If no substantial bodily harm results, for a category A felony and prison for life with eligibility for parole after 10 years or 35 years.

A person who commits sexual assault against a child under 16 is guilty of a category A felony and shall be punished:

• If substantial bodily results, prison for life without the possibility of parole.
• If no substantial bodily harm, prison for life with the possibility of parole after 25 years.

A person who commits sexual assault on a child under 16 and who has been previously convicted of sexual assault or any other sexual offense* on a child is guilty of a category A felony and faces life without the possibility of parole.

A person is not guilty of sexual assault if they are 18 years of age or younger and not more than 2 years older than the child unless he uses force or threatens the use of force or knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of the conduct.

“other sexual offense against a child” means any act committed by an adult upon a child constituting:

(a) Incest pursuant to NRS 201.180;

(b) Lewdness with a child pursuant to NRS 201.230;

(c) Sado-masochistic abuse pursuant to NRS 201.262; or

(d) Luring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony.

A person who commits statutory sexual seduction shall be punished:

• If the person is 21 or older at the time of the offense, for a category B felony and prison for 1 to 10 years, and may be further punished by a fine of up to $10,000.
• If the person is under 21, for a gross misdemeanor unless he has previously been convicted of a sexual offense, as defined in NRS 179D.097. If a person has been previously convicted of a sexual offense, then for a category D felony as provided in NRS 193.130.

A person who commits any act of open or gross lewdness is guilty:

• For the first offense, of a gross misdemeanor.
• For any subsequent offense, or if the person has previously been convicted of a sexual offense, for a category D felony.
• A person 18 years of age or older who commits an act of open or gross lewdness in the presence of a child or a vulnerable person is guilty of a category D felony.

A person who makes any open and indecent or obscene exposure of his or her person, or of the person of another, is guilty:

• For the first offense, of a gross misdemeanor.
• For any subsequent offense, or if the person has previously been convicted of a sexual offense for a category D felony.
• A person 18 years of age or older who commits an act of indecent or obscene exposure in the presence of a child or a vulnerable person is guilty of a category D felony.

A person is guilty of lewdness with a child if he or she:

Is 18 or older and willfully and lewdly commits any lewd or lascivious act, other than sexual assault, upon a child under 16, with the intent of arousing, appealing to, gratifying lust, passions, or sexual desires; or

is under 18 and willfully and lewdly commits any lewd or lascivious act, other sexual assault, upon a child under 14, with the intent of arousing, appealing to, or gratifying lust, passions or sexual desires.

A person who commits lewdness with a child under 14 is guilty of a category A felony and faces prison for life with the possibility of parole after 10 years, and may be fined up to $10,000.

A person who commits lewdness with a child who is 14 or 15 is guilty of a category B felony and faces prison for 1 to 10 years and may be fined up to $10,000.

A person who commits lewdness with a child and who has been previously convicted of lewdness with a child or any other sexual offense against a child is guilty of a category A felony and faces life without the possibility of parole.

A person who without physical force or the immediate threat of force, induces an adult to unlawfully become a prostitute or to continue to engage in prostitution, or to enter any place in which prostitution is practiced, encouraged, or allowed is guilty of pandering which is a category C felony and faces 1 to 5 years in prison and a fine up to $10,000.

A person is guilty of sex trafficking if the person:

(1) Induces, causes, transports, maintains a child to engage in prostitution, or to enter any place in which prostitution is practiced or allowed; OR

(2) Induces, transports, or maintains a person by any means, knowing, or in reckless disregard that threats, violence, force, intimidation, fraud, duress or coercion will be used to cause the person to engage in prostitution, or to enter any place in which prostitution is practiced or allowed;

(3) By threats, violence, force, intimidation, fraud, duress, coercion, by any device or scheme, or by abuse of any position of confidence or authority, or having legal charge, takes, places, harbors, induces, causes, compels or procures a person to engage in prostitution, or to enter any place in which prostitution is practiced, encouraged or allowed ; or

(4) Takes or detains a person with the intent to force them to marry him or her or any other person.

Who is found guilty of sex trafficking?

The penalties vary based on whether the alleged victim was an adult or a child.

(1) Trafficking of an adult is guilty of a category B felony and faces prison from 3 to 10 years and may be fined up to $10,000.

(2) Trafficking of a child:

(I) If the child is less than 14 years of age when the offense is committed, for a category A felony and shall be punished by imprisonment for life with eligibility for parole after 15, and a fine up to $20,000.

(II) If the child is 14 or 15 when the offense is committed, for guilty of a category A felony and imprisonment for life with the possibility of parole after 10 years, and a fine up to $10,000.

(III) If the child is at least 16 or 17, for a category A felony and prison for life with the possibility of parole after 5 years and a fine up to $10,000.