Nevada State Age of Consent Explained
Both the Nevada Revised Statutes and the Washoe County Code outline crimes and penalties when sex acts are performed with those outside the legal age of consent. Nevada Revised Statutes 201.354 only allows individuals who are over the age of 16 to consent to sexual acts. Any individual under the age of 16 who engages in sex with another person may be deemed a victim of statutory sexual seduction.
If those engaging in sexual acts are between the ages of 16 and 17 , it is not statutory sexual seduction, and they may therefore engage in sexual activities with each other without the consent of a parent or guardian. In fact, there are no ramifications for those between the ages of 16 and 17 engaging in sex acts with one another as long as there are no manipulative or illegal factors involved.
Noteworthy Exceptions and Close-in-Age Rules
There are several exceptions to Nevada’s generally strict age of consent laws which have been designed not only to allow medical care for minors without parental consent, but also to safeguard young couples from prosecution.
Under Nevada law, a child (anyone under the age of 18) must obtain parental consent to become pregnant or give birth. However, if that same child seeks medical assistance in order to become pregnant (i.e. through IVF or artificial insemination) then they do not need the express permission of a parent to do so. Additionally, if the minor is unaccompanied by a parent or guardian social services can arrange for prenatal care, or any other necessary medical care that is for the health of the minor and unborn child.
West’s North Nevada Reporter has carved out close-in-age exemptions which try to prevent young couples from being unfairly punished by the law. Essentially this means that if one partner is just a few years older than their partner, even though sex would otherwise be illegal due to the age of consent, a criminal charge will not be applied as long as they can prove that they did not use force or coercion in order to have sex with their partner. These exceptions mostly apply to minors that are 14 or older and their partners who are within 4 years of age, although there are clauses to protect young couples such as those who are still in high school.
Penalties for Breaching Age of Consent Legislation
Consequences of Violating Nevada’s Age of Consent Laws
If a person exceeds the age of consent while knowing that the victim is only 16 or 17, prosecutors could charge them with the crime of statutory sexual seduction (NRS 200.368). Statutory sexual seduction does not require proof of force, coercion, or even fraud. Whether the victim consented to sex is irrelevant.
Victim under 16
If the victim was under 16 years old, then prosecutors could file child sexual exploitation charges (NRS 200.368). Nevada Prosecutors could also bring additional charges for child sexual abuse against the alleged offender (NRS 200.364). Not only do those crimes carry lengthy prison sentences, they are also Tier II or Tier III sex offenses pursuant to the National Sex Offender Registration and Notification Act (SORNA).
Victim was 16 or 17
Charging someone with a crime of statutory sexual seduction does come with a built-in potential defense. This is because there is a legal defense known as the "Romeo and Juliet" law. Criminal defense attorneys can use this defense when the person who is charged with statutory sexual seduction is no more than five years older than the victim who had sex with them.
Age of Consent in Context with Related Laws
Nevada law also has statutory rape, which is the crime of a sex act with a person under a certain age. In Nevada, while there is no express definition for the phrase "statutory rape," the term refers to a sexual act with a minor. NRS 200.364 is the version of statutory rape that does not have an age requirement for the victim, and it covers sexual acts with minors as well as with mentally ill individuals and persons unable to understand the nature of the act.
There is more than one version of statutory rape in Nevada law. The most familiar version is NRS 200.366. This version is that of statutory sexual seduction, which essentially means sex with a person who is too young to be able to consent. So, this type of statutory rape occurs when the victim is under the age of 16 and the actor is at least five years older than the victim. This statute in Nevada includes exceptions for people who are legally married, where the actor is the spouse of the victim. Aggravated statutory sexual conduct is a similar statute, NRS 200.368, which applies when a minor is under 14 and the actor is at least 18. Minors who are 14 or 15 are covered by both NRS 200.366 and NRS 200.368 because minors between the ages of 14 and 15 can be victims of either type of statutory rape.
Implications of Age of Consent Statutes on Various Groups
The age of consent laws also have additional impacts on different communities across Nevada. For one, LGBTQ+ youth are at heightened risk for negative outcomes stemming from the criminalization of adolescent sexual behaviors. At a higher rate than their heterosexual peers, LGBTQ+ youth experience bullying and harassment, engage in substance abuse, and have depression and suicidal ideations more than their straight peers. A 2016 report on LGBTQ+ youth in southern Nevada shows an increase in suicidal ideation and suicide attempts for LGBTQ+ youth. And while suicide remains the second-leading cause of death among youth across the state, gay and lesbian youth are twice as likely to die by suicide than their straight peers.
Similarly, youth in rural and marginalized communities are at disproportionate risks of negative outcomes. Nevada is home to several conservative communities, particularly in northern and eastern parts of the state. They view sex education as a controversial and inappropriate topic. Schools that do teach sex education fail to provide comprehensive programs in favor of abstinence-only curriculums. These teens, as reported around the country, are more susceptible to sexually-transmitted diseases, unwanted pregnancies and negative mental health outcomes . I ran the numbers for this post looking at publically available data from the Southern Nevada Health District. The report shows that between the ages of 15 and 17, Clark County residents between 15 and 17 acquired chlamydia at rates far higher than all other known pregnant persons in Clark County. Again, this is only a record of known cases to public health officials.
Data shows that young people who maintain relationships with their parents or caregivers are less likely to engage in risky behaviors such as unprotected sex. In rural, conservative communities, where sex ed is lacking and sex is stigmatized, teens may be less inclined to turn to their parents or caregivers for information on sexual health. Rather than seeking advice on dating or sexuality from their parents, teens may turn to it from an alternative source, such as trusted adults in their community, online or their peers.
In areas where information about pubic sexual health is lacking, teens look to alternative sources of information, mostly online. They turn to the internet for information about sex, leaving them vulnerable to misinformation and bad advice. Though there is some information online and across social media, the age of consent laws can differ greatly by jurisdiction and some online sources do not carry caveats for minors who engage in sexual relationships.
Evolution of Nevada’s Age of Consent Regulations
Changes to the age of consent laws in Nevada have occurred over time, reflecting shifts in societal attitudes toward youth and sexual activity. Here’s a brief overview of some key changes throughout Nevada’s history:
In 1861, when Nevada became a state, the age of consent for sexual relations was set at 10 years old for girls. This age was among the lowest in the country at the time, reflecting a more permissive view of sexual activity involving minors.
By 1885, the age of consent for girls had been raised to 14. This change came amidst growing concerns about child exploitation and abuse during a time when industrialization and urbanization were changing the face of American society. Such concerns also arose as part of the Victorian moral reform movement, which sought to curb what was perceived as a rise in vice and promiscuity.
The age of consent laws continued to evolve throughout the late 19th and early 20th centuries. In 1901, the age of consent was raised again, this time to 16. This change was part of a broader movement across many states to raise the age of consent for girls, as part of child protection legislation aimed at preventing sexual exploitation.
In 2013, the Nevada Legislature passed Assembly Bill 206, which lowered the age of consent for girls and young women to 16, aligning Nevada with the majority of other states in the U.S. The bill passed in response to a growing recognition of the need to protect young people from child sex trafficking and other forms of sexual exploitation. It also reflects a shift in societal attitudes toward youth and sexual activity, as evidenced by a broad body of research showing that many young people are choosing to wait until later in life to have their first sexual experience.
It’s important to note that changes to the age of consent laws in Nevada have been gradual over time and did not occur overnight. In recent decades, however, Nevada has joined many other states in reforming its laws to protect youth and prevent child sexual exploitation.
Support and Resources for Age of Consent Matters
Navigating the complexities of consent laws and their ramifications in Nevada can be extremely difficult. Fortunately, there are a variety of legal and emotional resources available for individuals who may be facing age of consent issues.
The Nevada Bar Association can provide critical guidance on the various laws that relate to consent in the state. They can answer questions related to age of consent, statutory rape laws, pedestal laws, or other legal issues with regard to sexual identity and relationships. The site also provides the option to live chat with a legal professional in addition to a variety of frequently asked questions, as well as contact information for various family law attorneys.
Legal Aid Center is another invaluable resource for individuals who want to learn more about age of consent laws and how they relate to suicidal thoughts. This legal aid center is committed to helping individuals navigate the various legal issues surrounding consent, statutory rape, and any resulting court proceedings. They can provide valuable insight on how to handle an age of consent issue. The center can provide legal support, help individuals work with the Nevada Department of Health and Human Services , and refer individuals to counseling services.
The American Foundation for Suicide Prevention (AFSP) is a national non-profit organization that is committed to understanding and preventing suicide. They also aim to provide support for those who are affected by suicide. The organization currently has more than 75 local chapters and 3,300 volunteers throughout the United States. The organization can provide valuable resources and support services for those who are dealing with suicidal thoughts, whether directly or indirectly related to age of consent issues. Resources and programs for suicide prevention include advocacy, public awareness, research, education, and support.
The Nevada Division of Child and Family Services is a valuable resource for information regarding health, welfare, safety, and permanence needs of children who are neglected or abused. The organization is made up of various facilities and programs throughout the state of Nevada. Families who are facing decisions regarding the health, safety, and welfare of their children due to age of consent issues may benefit from working with the Nevada Division of Child and Family Services.