Nevada - Age of Sexual Consent

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EDITOR:  We were notified on 1-07-2000 that Nevada had placed their statutes online!  Nevada was our last US state to obtain documentation on!  Thanks to the astute reader who found the laws and notified us!  Nevada also has specific statutes regarding sexual activity between persons where one is in a position of supervision or trust of the other.  The age at which a person may consent to sexual activity with a person of ANY page, includes only relations considered "arms length" meaning that neither is "over" the other.

The same reader pointed out the contradition regarding homosexual/lesbian sex which we have reproduced at the bottom of this page and are still seeking clarification.

 

SEXUAL ASSAULT AND SEDUCTION
NRS 200.364 Definitions. As used in NRS 200.364 to 200.3774, inclusive, unless the context otherwise requires:
1. “Perpetrator” means a person who commits a sexual assault.
2. “Sexual penetration” means cunnilingus, fellatio, or any intrusion, however slight, of any part of a
person’s body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including sexual intercourse in its ordinary meaning.
3. “Statutory sexual seduction” means:
(a) Ordinary sexual intercourse, anal intercourse, cunnilingus or fellatio committed by a person 18 years of age or older with a person under the age of 16 years; or
(b) Any other sexual penetration committed by a person 18 years of age or older with a person under the age of 16 years with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of either of the persons.
4. “Victim” means a person who is subjected to a sexual assault.
(Added to NRS by 1977, 1626; A 1979, 572; 1991, 801; 1995, 700)

NRS 200.368 Statutory sexual seduction: Penalties. A person who commits statutory sexual seduction shall be punished:
1. If he is 21 years of age or older, for a category C felony as provided in NRS 193.130.
2. If he is under the age of 21 years, for a gross misdemeanor.
(Added to NRS by 1977, 1627; A 1979, 1426; 1995, 1187)

BUT -- most states have a statute referred to commonly as "Contributing to the Delinquency of a Child".  This can be used as a catch-all when the standard "statutory age of sexual consent" does not apply.  Read this next section carefully.

 

CONTRIBUTORY DELINQUENCY AND NEGLECT OF CHILDREN
NRS 201.090 “Delinquent child,” “neglected child” and “child in need of supervision” defined. As used in NRS 201.100 and 201.110, unless the context otherwise requires, a “neglected child,” “delinquent child” or “child in need of supervision” means any person less than 18 years of age:
1. Who is found begging, receiving or gathering alms, or who is found in any street, road or public place for the purpose of so doing, whether actually begging or doing so under the pretext of selling or offering for sale any article, or of singing or playing on any musical instrument, or of giving any public entertainment or accompanying or being used in aid of any person so doing.
2. Who has no parent or guardian; or who has no parent or guardian willing to exercise or capable of exercising proper parental control; or who has no parent or guardian actually exercising such proper parental control, and who is in need of such control.
3. Who is destitute, or who is not provided with the necessities of life by his parents, and who has no other means of obtaining such necessities.
4. Whose home is an unfit place for him, by reason of neglect, cruelty or depravity of either of his parents, or of his guardians or other person in whose custody or care he is.
5. Who is found living in any house of ill fame, or with any disreputable person.
6. Who is found wandering and either has no home, no settled place of abode, no visible means of
subsistence or no proper guardianship.
7. Who frequents the company of criminals, vagrants or prostitutes, or persons so reputed; or who is in any house of prostitution or assignation.
8. Who unlawfully visits a saloon where any spirituous, vinous or malt liquors are sold, bartered, exchanged or given away.
9. Who habitually uses intoxicating liquors or who uses opium, cocaine, morphine, or other similar drug without the direction of a competent physician.
10. Who persistently or habitually refuses to obey the reasonable and proper orders or directions of his parents, guardian or custodian; or who is beyond the control of such person.
11. Who is an habitual truant from school.
12. Who is leading, or from any cause is in danger of leading, an idle, dissolute, lewd or immoral life.
13. Who writes or uses vile, obscene, profane or indecent language, or is guilty of indecent, immoral or lascivious conduct.
14. Who violates any law of this state or any ordinance of any town, city or county of this state defining crime.Any child who is a runaway, unmanageable or an habitual truant is a child in need of supervision as that term is used in chapter 62 of NRS, and is not a delinquent child.
[Part 1:165:1909; A 1911, 382; 1921, 21; 1955, 152]—(NRS A 1973, 1350)

NRS 201.110 Penalties.
Any person who commits any act or omits the performance of any duty, which act or omission causes or tends to cause or encourage any person under the age of 18 to become a “neglected
child,” “child in need of supervision” or “delinquent child,” as defined in NRS 201.090 to 201.110, inclusive, or which act or omission contributes thereto, or any person who, by any act or omission, or by threats, command or persuasion, induces or endeavors to induce any person under the age of 18 to perform any act or to follow any course of conduct or to so live as would cause or manifestly tend to cause any such person to become or to remain a person who is a “neglected child,” “child in need of supervision” or “delinquent child,” as defined in NRS 201.090 to 201.110, inclusive, shall be guilty of contributory neglect or contributory delinquency. Contributory neglect or contributory delinquency is a misdemeanor.   [Part 1:165:1909; A 1911, 382; 1921, 21; 1955, 152]—(NRS A 1967, 474; 1973, 1351)

NRS 129.010 Age of majority. All persons of the age of 18 years who are under no legal disability, and all persons who have been declared emancipated pursuant to NRS 129.080 to 129.140, inclusive, are capable of entering into any contract, and are, to all intents and purposes, held and considered to be of lawful age.
[1:19:1861; B 323; BH 4943; C 5000; RL 431; NCL 300]—(NRS A 1971, 455; 1973, 1578; 1987, 1281)

 

SEXUAL PENETRATION OF DEAD HUMAN BODY
NRS 201.450 Unlawful act; penalty.
1. A person who commits a sexual penetration on the dead body of a human being is guilty of a category A felony and shall be punished by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served;
(b) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served;
(c) By a fine of not more than $20,000; or
(d) By both fine and imprisonment.
2. For the purposes of this section, “sexual penetration” means cunnilingus, fellatio or any intrusion,
however slight, of any part of a person’s body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including, without limitation, sexual intercourse in what would be its ordinary meaning if practiced upon the living.
(Added to NRS by 1983, 344; A 1991, 1010; 1995, 1204; 1997, 2503, 3190)

 

Bisexual/Homosexual/Lesbian Sex:
Our initial indication was that this law was repealed in 1993.  However, the entry at the bottom of the statute shows a 1999 update date.  Nevada shows a minor as a person under 18.  Therefore our guess is that it is legal for persons 18 and above only. 

NRS 201.195 Solicitation of minor to engage in acts constituting crime against nature; penalties.
1. A person who incites, entices or solicits a minor to engage in acts which constitute the infamous crime against nature:
(a) If the minor actually engaged in such acts as a result and:
(1) The minor was less than 14 years of age, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served.
(2) The minor was 14 years of age or older, is guilty of a category D felony and shall be punished as
provided in NRS 193.130.
(b) If the minor did not engage in such acts:
(1) For the first offense, is guilty of a gross misdemeanor.
(2) For any subsequent offense, is guilty of a category D felony and shall be punished as provided in
NRS 193.130.
2. As used in this section, the “infamous crime against nature” means anal intercourse, cunnilingus or
fellatio between natural persons of the same sex. Any sexual penetration, however slight, is sufficient to complete the infamous crime against nature.
(Added to NRS by 1979, 662; A 1989, 1511; 1991, 1007; 1993, 515; 1995, 1198; 1997, 1721, 2500, 3187; 1999, 470, 472)

 

 

 

 

 

Source:  http://www.leg.state.nv.us/web/99NRS/NRS-200.html#NRS200Sec364

Source:  http://www.leg.state.nv.us/web/99NRS/NRS-201.html

07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
Clearinghouse on Child Abuse and Neglect Information. The booklet, which
requires Adobe Acrobat to read, is located at:


http://www.calib.com/nccanch/pubs/99statutes/35-SexualOffenses.PDF

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