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What is the Age of Consent in Nevada?
In Nevada, the age of consent is 16, meaning individuals under 16 are legally considered too young to consent to sexual activity [1.]. The law views minors under this age as incapable of making mature decisions regarding sexual relationships, regardless of how mature they may seem or if they initiate the relationship.
Adults are responsible for ensuring the younger partner’s age, as mistaken belief or being misled about their age is not a valid legal defense.
“So if you’re 21 and start dating someone that tells you that they are 18 and they turn out to be 15 you can still face charges because even though they lied to you, you have the duty as the adult to know the age of the younger person.”
Understanding Statutory Rape in Common Law Jurisdictions
In common law jurisdictions, statutory rape refers to nonforcible sexual activity where one participant is below the age of consent, meaning they are legally unable to give consent to the behavior [2.].
Although typically involving adults engaging in sexual relations with minors, the term “statutory rape” is rarely used in legal statutes, with jurisdictions preferring terms like sexual assault, unlawful sex with a minor, or sexual battery.
Statutory rape laws operate under the presumption of coercion, as minors or mentally disabled individuals are legally considered incapable of consenting to sexual acts, even in the absence of force or threats.
“Different jurisdictions use many different statutory terms for the crime, such as sexual assault, rape of a child, corruption of a minor, unlawful sex with a minor, carnal knowledge of a minor, sexual battery, or simply carnal knowledge.”
Statutory rape, by contrast, generally involves minors who have passed puberty but are still under the legal age of consent.
Romeo and Juliet Law in Nevada
Nevada recognizes that teenagers close in age often engage in consensual sexual activity that is non-abusive, which is why the state has adopted the “Romeo and Juliet” law under Nevada Revised Statutes 200.364 [3.].
This law, also known as the close-in-age exception, allows minors aged 14 or 15 to consent to sexual activity if their partner is less than four years older.
“Under the Romeo and Juliet law (also called the close-in-age exception), children who are 14 or 15 may consent to sex in the state of Nevada if their partner is less than four years older than them.”
Similarly, a 15-year-old and an 18-year-old may legally engage in consensual sexual activity, but it would not be legal between a 15-year-old and a 19-year-old for the same reason.
Penalties for Statutory Sexual Seduction in Nevada
Under Nevada Revised Statutes (NRS) 200.368, the penalties for statutory sexual seduction depend on the defendant’s age and prior record:
- Defendant 21 or older: A conviction results in a Category B felony, punishable by 1 to 10 years in Nevada State Prison and fines up to $10,000.
- Defendant under 21 with no prior sex crime convictions: This crime is classified as a gross misdemeanor, carrying up to 365 days in jail and fines up to $2,000.
- Defendant under 21 with prior sex crime convictions: The offense is a Category D felony, with penalties including 1 to 4 years in prison and fines up to $5,000.
Defenses to a Statutory Rape Charge in Nevada
Defendants facing statutory rape charges in Nevada can use standard criminal defenses, such as claiming mistaken identity or asserting that the alleged incident never occurred [4.].
Additionally, the marriage defense may apply in cases involving sexual conduct between teachers and students.
However, consent is not a valid defense in statutory rape cases, as it is a strict liability crime. Similarly, mistake of age is not a defense in Nevada.
Even if the minor misrepresented their age, Nevada law, following the ruling in Jenkins v. State (877 P.2d 1063, 1994), does not allow the defendant’s belief that the minor was of legal age to excuse the offense.
Also Read: Is it Illegal for 2 Minors to Have Sex
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References:
1. https://thedefenders.net/blogs/age-of-consent-laws-and-defense-lawyer/
2. https://en.wikipedia.org/wiki/Statutory_rape
3. https://www.shouselaw.com/nv/blog/rape/romeo-and-juliet-law/
4. https://www.criminaldefenselawyer.com/resources/nevada-statutory-rape-laws.htm