SEXUAL CONDUCT WITH PUPILS AND STUDENTS

It seems that there is a growing trend of teachers engaging in sexual relationships with their students. This type of relationship is illegal in Nevada, even if the student has attained the age of consent. The penalties for a conviction relating to sexual conduct with a pupil or student are severe and include jail time and possible fines.

What is the legal definition of Sexual Conduct with Pupils and Students?

Sexual conduct with pupils and students is governed by NRS 201.470, 201.480, 201.490, 201.500, 201.510, 201.520, 201.530, 201.540, and 201.550.

NRS 201.470 – Definitions.

As used in NRS 201.470 to 201.550, inclusive, unless the context otherwise requires, the words and terms defined in NRS 201.480 to 201.530, inclusive, have the meanings ascribed to them in those sections.

NRS 201.480 – “College” defined.

“College” means a college or community college which is privately owned or which is part of the Nevada System of Higher Education.

NRS 201.490 – “Private school” defined.

“Private school” has the meaning ascribed to it in NRS 394.103.

NRS 201.500 – “Public school” defined.

“Public school” has the meaning ascribed to it in NRS 385.007.

NRS 201.510 – “Sado-masochistic abuse” defined.

“Sado-masochistic abuse” has the meaning ascribed to it in NRS 201.262.

NRS 201.520 – “Sexual conduct” defined.

  1. Ordinary sexual intercourse;
  2. Anal intercourse;
  3. Fellatio, cunnilingus or other oral-genital contact;
  4. Physical contact by a person with the unclothed genitals or pubic area of another person for the purpose of arousing or gratifying the sexual desire of either person;
  5. Penetration, however slight, by a person of an object into the genital or anal opening of the body of another person for the purpose of arousing or gratifying the sexual desire of either person;
  6. Masturbation or the lewd exhibition of unclothed genitals;
  7. Sado-masochistic abuse; or
  8. Any lewd or lascivious act upon or with the body, or any part or member thereof, of another person.

NRS 201.530 – “University” defined.

“University” means a university which is privately owned or which is part of the Nevada System of Higher Education.

NRS 201.540 – Sexual conduct between certain employees of school or volunteers at school and pupil: Penalty; exception.

  1. Except as otherwise provided in subsection 2, a person who:
    1. Is 21 years of age or older;
    2. Is or was employed by a public school or private school or is or was volunteering at a public or private school; and
    3. Engages in sexual conduct with a pupil who is 16 years of age or older, who has not received a high school diploma, a general educational development certificate or an equivalent document and:
      1. Who is or was enrolled in or attending the public school or private school at which the person is or was employed or volunteering; or
      2. With whom the person has had contact in the course of performing his or her duties as an employee or volunteer,
  • Is guilty of a category C felony and shall be punished as provided in NRS 193.130.
  1. The provisions of this section do not apply to a person who is married to the pupil.
  2. The provisions of this section must not be construed to apply to sexual conduct between two pupils.

NRS 201.550 – Sexual conduct between certain employees of college or university and student: Penalty; exception.

  1. Except as otherwise provided in subsection 3, a person who:
    1. Is 21 years of age or older;
    2. Is employed in a position of authority by a college or university; and
    3. Engages in sexual conduct with a student who is 16 years of age or older, who has not received a high school diploma, a general educational development certificate or an equivalent document and who is enrolled in or attending the college or university at which the person is employed.
  • Is guilty of a category C felony and shall be punished as provided in NRS 193.130.
  1. For the purposes of subsection 1, a person shall be deemed to be employed in a position of authority by a college or university if the person is employed as:
    1. A teacher, instructor or professor;
    2. An administrator; or
    3. A head or assistant coach.
  2. The provisions of this section do not apply to a person who is married to the student.
  3. The provisions of this section must not be construed to apply to sexual conduct between two students.

This seems pretty clear, doesn’t it just forbid sex between a teacher and a student?

Yes and no. While it does outlaw sex between a student and a teacher, that is not the only thing prohibited by the laws set forth above.

The legal definition of “sexual conduct between a teacher and a student” prohibits:

  • Vaginal sexual intercourse;
  • Anal intercourse;
  • Any oral-genital contact;
  • Physical contact of the naked genital area of either the teacher or the student, for the purpose of arousing or gratifying the sexual desire of either the teacher or the student;
  • Any penetration of the genital or anal opening of either the teacher or the student, by any object whatsoever, for the purpose of arousing or gratifying the sexual desire of either the teacher or the student;
  • Masturbation or the lewd exhibition of the unclothed genitals of either the teacher or the student; or
  • Sado-masochistic abuse of either the teacher or the student by the other.

So, basically teachers can’t have any kind of sexual contact with students?

Yes, that is basically the intent of the laws.

However, it is very important to understand that even though the law refers to “teachers,” it actually applies to all school employees, including:

  • Principal and vice principal;
  • Deans;
  • All other administrative employees;
  • Coaches and other sports-administrative employees; and
  • Teachers aids and others employed, whether for pay or school credit, in an assistive/learning capacity.

Please Note: It does not matter if the employee is a paid employee, a volunteer, or even a former employee. Anyone working for a school can be convicted of “sex with a pupil,” so long as the “pupil” is still a student at the time that the sexual conduct took place.

Isn’t the age of consent in Nevada only 16? What if the student is at least 16?

The laws pertaining to age of consent do not provide an exception to sexual conduct with a student, unless the student is at least 18 (see DEFENSES, below).

Also, these laws apply to students attending college or university, so long as they are younger than 18.

What’s more, the law does not require that the student attend the same school that the ‘teacher’ works for. So long as there was contact between the school employee and the student through the course of working for the school, then 201.540 prohibits sexual conduct between the two.

Is there anything else I should know?

Yes. Teachers accused of violating any of the above laws may find themselves as a defendant in both a criminal suit (for violating the above mentioned laws), and a civil suit (generally for charges such as Assault, Battery, Intentional Infliction of Emotional Distress (IIED), or False Imprisonment.)

Please Note: Generally speaking, a conviction for one of the above crimes will almost certainly guarantee civil liability. However, just because you were acquitted of the criminal charges does not mean that you will not be found liable in a civil court and be subject to monetary damages. The burden of proof in criminal court is much harder to overcome than it is in civil suits. As a result, it is not uncommon for someone acquitted of criminal charges to be subject to large monetary damages awards in subsequent civil suits.

Also, even if the District Attorney does not bring charges for violations of any of the above-mentioned statutes, they may choose to bring other charges that can carry severe penalties:

  • Sexual Assault – the exact penalties for a conviction of sexual assault depend on the age of the victim as well as the whether they suffered any injuries. However, in the more extreme cases (for younger victims and/or more severe injuries), the possible penalties can include life in prison, with potentially no chance at parole. (For a more in depth discussion of “Sexual Assault” click here.)
  • Lewd conduct – This is another crime where, depending on the age of the victim and extent of injuries, the possible penalties can include life in prison. (For a more in depth discussion of “Lewd Conduct” click here.)
  • Statutory Rape – Regardless of whether the sexual conduct was consensual, if one party is younger than 16, then the other party has committed statutory rape and will be subject to between 1 and 5 years in prison and possible fines up to $5,000.

What are the possible penalties?

While the age of the victim and type of school they attend does not affect your guilt for violating laws, it does affect the possible penalties.

If the student is younger than 16 years of age and a student at any type of school, then the crime will be charged as a category B felony, and will carry a possible sentence of:

  • Between 1 and 6 years in a Nevada State Prison; and
  • Possible fines up to $10,000.

If the student is older than 16 and is student at a secondary school (or high school), then the crime will be charged as a category C felony, and will carry a possible sentence of:

  • Between 1 and 5 years in a Nevada State Prison; and
  • Possible fines up to $5,000.

If the student is older than 16 and is a student at a college or university, then the crime will be charged as a category C felony, and will carry a possible sentence of:

  • Between 1 and 5 years in a Nevada State Prison; and
  • Possible fines up to $5,000.

Are there any Defenses?

Yes, of course there are. Some of the possible defenses include:

  • False Accusations – In some circumstances, a student will accuse a teacher of violating the laws prohibiting sexual conduct out of anger, jealousy, or revenge. If there is evidence that the charges were made up, then the case may be dismissed or the charges dropped.
  • Police Misconduct – Evidence that is obtained through illegal searches and/or seizures is not admissible in court. It is often referred to as “fruit of the poisonous tree,” because it cannot be trusted based on the illegal means used to obtain it. Consequently, the judge should grant any motion to suppress such evidence, which will prohibit the use of the evidence at trial. If the illegally obtained evidence was necessary for a conviction, then the charges against you may be dropped or dismissed for a lack of evidence.
  • Student is Married to the Teach – Nevada maintains an exception to the laws prohibiting sexual conduct between a student and teacher if the two are legally married. This exception is essentially based on the theory that if the couple are legally married, then the teacher is not using any undue influence to convince the student to engage in the conduct.
  • The Student is 18 or Older – Once the student has attained adulthood, then they are deemed old enough to not fall prey to undue influence. Consequently, if the student is at least 18 years of age, and consents to the sexual conduct, then no crime has been committed, and the charges should be dropped or dismissed.
  • Teacher is too Young – If the teacher (or other school employee) has not yet reached 21 years of age, then they cannot be charged under the laws prohibiting sexual conduct with students. However, this will not free them of liability pertaining to other laws (such as statutory rape, or assault charges). Barring charges for other violations, if the teacher is younger than 21, then any charges for sexual conduct with a student should be dropped or dismissed.
  • Lack of Evidence – As with any crime, the prosecution bears the burden of proving every element of the crime “beyond a reasonable doubt.” If there is not enough evidence to uphold this high level of proof, then the charges should be dropped or dismissed.

What should I do if I’ve been charged with Sexual Conduct with a Student?

As with any crime, it is very important that you speak with an experienced criminal defense attorney as soon as possible so that you can discuss the specific circumstances as well as any defenses that may apply to your case.

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