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Sex and the Law

What is sexual assault and battery?
Sexual assault is any type of sexual activity that you do not consent to. When a person subjects another person to sexual penetration, or forces another person to make a sexual penetration on himself or another, against the will of the victim; or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable or resisting or understanding the nature of his conduct it is a sexual assault. NRS 200.366

A sexual assault can just as easily occur when the victim knows the perpetrator. Acquaintance rape or date rape is very common among women in their early twenties. Date or no date, it is a sexual assault if one party says no.

What are date rape drugs?
They are drugs that may be slipped into an unsuspecting victim’s drink to render him or her physically helpless and pave the way for a sexual assault. The victim may have little or no reason to suspect that anything is amiss. Such drugs are often colorless and tasteless. And they may leave the victim unable to recall what took place. Three such ‘club drugs’ are:

GHB – (gammahydroxybutyric acid)
Rohypnol – (flunitrazepam)
Ketamine – (ketamine hydrochloride)

What could happen if I am charged with statutory rape?
If you are over 21 and commit statutory sexual seduction, i.e. sexual intercourse, anal intercourse, cunnilingus or fellatio with a person under 16, then you are guilty of a category C felony. NRS 200.368. A category C felony carries 1–5 years in the state prison with a fine not to exceed $10,000; probation is available. NRS 193.130.

If you are under 21 but over 18 and commit statutory sexual seduction, then you are guilty of a gross misdemeanor. NRS 200.368.

A person who makes a mistake believing that the adolescent is 16 or older is still guilty of the statutory sexual seduction. Jenkins v. State, 110 Nev. 865.

A person who commits lewdness with a person under the age of 14 could spend a minimum of 10 years in prison. Conduct constituting lewdness is conduct that is substantially less than sexual intercourse in the ordinary meaning. NRS 201.230

Individuals found guilty of statutory sexual seduction must register as a sex offender and face all the requirements associated with that registration.

If my girlfriend becomes pregnant, am I required to support the child?
In general, yes. It does not matter whether or not you and the baby’s mother are married. You are both responsible for the support, education, health care, and maintenance of the child. As the father, you are also responsible for the expenses of the mother’s pregnancy and confinement. NRS 125B.020.

If you decide not to support the child, the court may order you to do so. NRS 125B.080. And if you chose to ignore that order from the court then you may have your wages attached or a lien placed on your real or personal property: If you move to another state that new state will also recognize the order from Nevada. NRS 125B.140 and 144

Baby Drop Law

What is the Baby drop-law?
It is a recent law aimed at deterring mothers – often young and desperate – from abandoning their unwanted newborns in Dumpster's, cardboard boxes, or other unsafe locations. A newborn’s parent can take the child to emergency services, a hospital or any other center that provides medical care, without ramifications of criminal charges. The child must be 30 days or younger, or appear 30 days or younger. Before doing a baby drop, a mother should be aware that the law presumes that the parent intends to terminate parental rights. Therefore a mother must be absolutely sure that this is the course of action that she wants to take. NRS 432B.630

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This guide is an introduction to narrow topics of Nevada law. Keep in mind that federal, state and local laws are constantly subject to change. If you have a legal question or problem, you should consult an attorney.