ENGAGING IN CERTAIN SEXUAL ACTS IN PUBLIC

In general, performing sexual acts in pubic is a crime in Nevada. Certain acts, namely, anal intercourse and oral sex, can be charged under their own statute and can carry harsh penalties.

What does the NRS say about public sodomy and oral sex?

Incest is defined in NRS 201.190.

NRS 201.190 – Commission of certain sexual acts in public: Definition; penalty.

Except as otherwise provided in NRS 200.366 and 201.230, a person of full age who commits anal intercourse, cunnilingus or fellatio in public is guilty of a category D felony and shall be punished as provided in NRS 193.130.

I thought Nevada had gotten rid of its anti-sodomy laws?

That is correct. As with most states, Nevada got rid of, or repealed, their anti-sodomy laws in the wake of Lawrence v. Texas, and the Supreme Court’s decision that anti-sodomy laws are unconstitutional because of their prohibition of same-sex sexual conduct.

However, NRS 201.190 does not relate to consensual sex that takes place in a private residence. It prohibits sodomy and oral sex that take place in public places only.

Okay, so is it legal to have sex in public if it is not oral or anal sex?

There is no law that specifically outlaws vaginal sex in public. However, that does not mean that such public acts are legal. Rather, you will be charged under other laws, such as the laws related to “lewdness,” “sexual assault,” or “statutory sexual seduction.”

What are the possible penalties?

Violations of NRS 201.190 are charged as a category D felony, and will carry possible penalties of:

• Between 1 and 4 years in a Nevada State Prison; and
• Possible fines up to $5,000.

Are there any Defenses?

Yes, of course there are. However, defenses to charges of Sodomy or Oral Sex in Public tend to revolve around the charges being false.

• No Evidence – If the prosecutor has no evidence that you were engaging in sodomy or oral sex in public, then they have no proof that it occurred. The charges against you should be dropped or dismissed.
• No Sexual Act – If you were engaging in acts that do not constitute sodomy or oral sex, then you have not violated NRS 201.190 and any such charges should be dropped or dismissed.

What should I do if I’ve been charged with Sodomy or Oral Sex in Public?

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.