STATUTORY SEXUAL SEDUCTION

Statutory Sexual Seduction is more commonly referred to as “Statutory Rape.” It is one of the only laws that requires no intent and has no exceptions

What is the legal definition of Statutory Sexual Seduction?

The legal definition of “Statutory Sexual Seduction” is defined by NRS 200.366(3) in conjunction with NRS 200.368:

NRS 200.366(3) Except as otherwise provided in subsection 4, a person who commits a sexual assault against a child under the age of 16 years is a guilty of a category A felony and shall be punished:

  1. If the crime results in substantial bodily harm to the child, by imprisonment in the state prison for life without the possibility of parole.
  2. Except as otherwise provided in paragraph (c), if the crime does not result in substantial bodily harm to the child, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 25 years has been served.
  3. If the crime is committed against a child under the age of 14 years and does not result in substantial bodily harm to the child, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 35 years has been served.

NRS 200.368

Except under circumstances where a greater penalty is provided in NRS 201.504, a person who commits statutory sexual seduction shall be punished:

  1. If the person is 21 years of age or older, for a category C felony as provided in NRS 193.130.
  2. If the person is under the age of 21 years, for a gross misdemeanor.

I don’t understand, why is it two laws?

Essentially, 200.368 explains the penalties for statutory sexual seduction and 200.366(3) explains sexual penetration where the victim did not want to engage in the sexual penetration. In other words, this means that there are 5 types of Statutory Sexual Seduction/Assault:

  • Where the child was willing and the accused is over the age of 21;
  • Where the child was willing and the accused is at least 18 years old, but not yet 21;
  • Where the child was unwilling, penetration occurred, and substantial bodily harm resulted;
  • Where the child was unwilling, is 14 or 15 years old, penetration occurred, and no substantial bodily harm resulted;
  • Where the child was unwilling, is under 14 years old, penetration occurred, and no substantial bodily harm resulted.

In other words, any sexual act committed by someone who is at least 18 years old with someone who is under 16 years old is statutory sexual seduction, even if the child consents to the act.

This is what is known as a “strict liability crime” which means that you are guilty regardless of your intent. Even if you were truly unaware that the child was under 16, and your intent was to commit the act with someone 16 or older, you will be guilty of statutory sexual seduction if the child is younger than 16.

What if the accused is between 16 and 18?

This is basically a “close in age” exception. It basically allows for consensual sex between a couple where one party is 16 or 17 and the other is 14 or 15. However, if the child is under 14, then criminal liability will still apply, and will likely be charged as “sexual assault” because the law views children under 14 as being mentally incapable of making an informed decision about sex.

What are the possible penalties?

As noted above, Date Rape is identical to Sexual Assault. Consequently, Date Rape can be charged as there are 5 separate ways to be guilty of statutory sexual seduction, each carries its own penalty:

  • If the child was willing, and the accused is over the age of 21, then the crime can be charged as a category C felony and can carry:
    • Between 1 and 5 years in a Nevada State Prison; and
    • Possible fines up to $10,000.00.
  • If the child was willing, and the accused is at least 18 years old, but not yet 21 years old, then the crime can be charged as a gross misdemeanor and can carry:
    • Up to 364 days in jail; and/or
    • Possible fines up to $2,000.00.
  • If the child was unwilling, penetration occurred, and substantial bodily harm resulted, then the crime can be charged as a category A felony and can carry:
    • Life in prison without the possibility of parole.
  • If the child was unwilling, either 14 or 15 years old, penetration occurred and no substantial bodily harm resulted, then the crime can be charged as a category A felony and can carry:
    • Life in a Nevada State Prison with the possibility of parole after 25 years.
  • If the child was unwilling, younger than 14 years old, penetration occurred, and no substantial bodily harm resulted, then the crime can be charged as a category A felony and can carry:
    • Life in a Nevada State Prison with the possibility of parole after 35 years.

Please Note: along with any prison sentence, a conviction for statutory sexual seduction will require that you register as a sex offender. Registration as a sex offender can affect where you are able to live, work, travel, or even simply exist. Also, the sex offender registry is accessible to anyone who cares to view it, including employers, landlords, schools, and neighbors. Registration on the sex offender registry can last for many years. For a more in-depth discussion regarding the sex offender registry please click here.

Are there any Defenses?

Statutory sexual seduction is a very difficult allegation to defend because it is a strict liability crime. However, there are some defenses that may apply:

  • Lack of Evidence– If the prosecution cannot prove, beyond a reasonable doubt, every element of the crime as they are described above, then the charges against you should be dropped or dismissed.
  • False allegations – This is similar to both of the other defenses in that it essentially relies on raising a reasonable doubt about the charges, though in this defense it is a reasonable doubt about the truth of the allegations, rather than a reasonable doubt in any of the specific elements of the crime. It is important to note, however, that Nevada’s Rape Shield Law prevents evidence of an alleged victim’s prior sexual conduct, unless that conduct relates to prior false allegations of prior false allegations.
  • Age – As noted above, Statutory sexual seduction only applies to children younger than 16. If the child is 16 or older, then charges of statutory sexual seduction cannot stand.

Please Note: Once again, statutory sexual seduction is a strict liability crime. Consequently, claiming that the child consented is not a defense, it will only change the way that the crime is charged.

What should I do if I’ve been charged with Statutory Sexual Seduction?

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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