Las Vegas Defense Attorney

SEXUALLY BASED CRIMES

People convicted of sexually based crimes must face not only stiffer sentences, but also in all but a few cases, must register as a sexual offender for the rest of their life.  With the information age at its peak, sexual offenders’ pictures and information can be found in nearly every city.  This type of publicity impacts a convicted person’s ability to work, live, and even continue with their education. 

Innocent people are being convicted of sexual crimes because they did not have a competent lawyer fighting on their side.  A mere allegation of a sexual nature can impact a person’s entire life.  You need experienced attorneys fighting for your rights.  You get that when you retain our firm. 

Battery with Intent to Commit Sexual Assault – N.R.S. 200.400

As used in this section, "battery" means any willful and unlawful use of force or violence upon the person of another.  A person who is convicted of battery with intent to commit sexual assault, if the victim sustains substantial bodily harm, can be sentenced to life without the possibility of parole, or, life with the possibility of parole after 10 years, and a fine up to $10,000.

If the victim does not sustain substantial bodily harm, and is over 16 years old, the defendant can be sentenced to a minimum of 2 years to life with the possibility of parole, and a fine up to $10,000.

If the victim does not sustain substantial bodily harm, and is under 16 years old, the defendant can be sentenced to a minimum of 5 years to life with the possibility of parole, and a fine up to $10,000.

Child Abuse, Neglect or Endangerment – N.R.S. 200.508

A person who willfully causes a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect.  If the abuse is sexually motivated, or sexual in nature, and whether or not the child suffered substantial bodily harm, determines the sentence range, from an “A” felony with a life sentence, or “B” felony with 2 to 20 years, or a “C” felony with 1 to 5 years.  All sentences may include a fine as well.

Indecent Exposure – N.R.S. 201.220

A person who makes any open and indecent or obscene exposure of his person, or of the person of another, is guilty (a) For the first offense, of a gross misdemeanor, carrying a jail sentence of up to 12 months, and a fine up to $2,000, or (b) For any subsequent offense, of a category D felony, carrying a prison sentence of 1 to 4 years, and a fine up to $5,000.

Lewdness with a Child under 14 years – N.R.S. 201.230

A person who willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child, is guilty of lewdness with a child.  If there is no prior conviction for this offense, or another sexual offense against a child, carries a life sentence with the possibility of parole after 10 years, and up to a $10,000 fine.

Open and Gross Lewdness – N.R.S. 201.210

A person who commits any act of open or gross lewdness is guilty:  (a) For the first offense, of a gross misdemeanor, carrying a jail sentence of up to 12 months, and a fine up to $2,000, or (b) For any subsequent offense, of a category D felony, carrying a prison sentence of 1 to 4 years, and a fine up to $5,000.

Pandering – N.R.S. 201.300

A person who induces, persuades, encourages, inveigles, entices or compels a person to become a prostitute or to continue to engage in prostitution is guilty of pandering.  If physical force or the immediate threat of physical force is used, it is a “C” felony, carrying a sentence of 1 to 5 years in prison, and up to a $10,000 fine.  If no physical force or the immediate threat of physical force is used, it is a “D” felony carrying a sentence of 1 to 4 years in prison, and up to a $5,000 fine.

Possession of Child Pornography – N.R.S. 200.730

A person who knowingly and willfully has in his possession for any purpose any film, photograph or other visual presentation depicting a person under the age of 16 years as the subject of a sexual portrayal or engaging in or simulating, or assisting others to engage in or simulate, sexual conduct is guilty of a felony.  For a 1st offense, is a “B” felony, carrying a 1 to 6 year prison sentence, and a fine up to $5,000.  Any subsequent offense is an “A” felony, carrying a sentence of 1 year to life with the possibility of parole, and a fine up to $5,000.

Sexual Assault – N.R.S. 366

A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or another, or on a beast, 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 of resisting or understanding the nature of his conduct, is guilty of sexual assault. 

If the victim sustains substantial bodily harm, this crime carries a life sentence, without the possibility of parole, or with the possibility of parole after 15 years.  If the victim does not sustain substantial bodily harm, this crime carries a prison sentence of life with the possibility of parole after 10 years. 

If the crime is committed against a child under 16 years old, and results in substantial bodily harm, the sentence is life without the possibility of parole.  If no substantial bodily harm results, the sentence is life with the possibility of parole after 20 years.

If there is any previous conviction for sexual assault or sexual offense against a child under 16 years old, whether in this state or another, the sentence is life without the possibility of parole.

Solicitation of Prostitution – N.R.S. 201.354

It is unlawful for any person to engage in prostitution or solicitation, except in a licensed house of prostitution.  This is a misdemeanor carrying a jail sentence of up to 6 months, and a fine up to $1,000.

Statutory Sexual Seduction – N.R.S. 200.364

Statutory sexual seduction means ordinary sexual intercourse, anal intercourse, cunnilingus or fellatio committed by a person 18 years of age or older with a person under the age of 16 years or any other sexual penetration committed by a person 18 years of age or older with a person under the age of 16 years with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of either of the persons.  "Sexual penetration" means cunnilingus, fellatio, or any intrusion, however slight, of any part of a person's body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including sexual intercourse in its ordinary meaning. 

Penalties - If the seducer is 21 years of age or older, this crime is a “C” felony and carries a prison sentence of 1 to 5 years, and a fine up to $5,000.  If the seducer is under the age of 21, this crime is a gross misdemeanor, and carries a jail sentence up to 1 year, and a fine up to $2,000.

Use of a minor in the Production of Pornography – N.R.S. 200.710

A person, who knowingly uses, encourages, entices or permits a minor to simulate or engage in or assist others to simulate or engage in sexual conduct to produce a performance is guilty of a category “A” felony.  See penalties below.

A person who knowingly uses, encourages, entices, coerces or permits a minor to be the subject of a sexual portrayal in a performance is guilty of a category “A” felony.  See penalties below.

N.R.S. 200.750 – Penalties - If the minor is 14 years of age or older, the sentence is life with the possibility of parole after 5 years, and a fine up to $100, 000.  If the minor is less than 14 years of age, for life with the possibility of parole after 10 years, and a fine up to $100,000.

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