NRS
201.230 Lewdness with child under 16 years; penalties.
1. A person is guilty of lewdness with a
child if he or she:
(a) Is 18 years of age or older and 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 16 years, with the intent of arousing, appealing
to, or gratifying the lust or passions or sexual desires of that person or of
that child; or
(b) Is under the age of 18 years and 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.
2. Except as otherwise provided in
subsections 4 and 5, a person who commits lewdness with a child under the age
of 14 years is guilty of a category A felony and shall be punished by
imprisonment in the state prison for life with the possibility of parole, with
eligibility for parole beginning when a minimum of 10 years has been served,
and may be further punished by a fine of not more than $10,000.
3. Except as otherwise provided in
subsection 4, a person who commits lewdness with a child who is 14 or 15 years
of age is guilty of a category B felony and shall be punished by imprisonment
in the state prison for a minimum term of not less than 1 year and a maximum
term of not more than 10 years and may be further punished by a fine of not
more than $10,000.
4. Except as otherwise provided in
subsection 5, a person who commits lewdness with a child and who has been
previously convicted of:
(a) Lewdness with a child pursuant to this
section or any other sexual offense against a child; or
(b) An offense committed in another jurisdiction
that, if committed in this State, would constitute lewdness with a child
pursuant to this section or any other sexual offense against a child,
Ê is guilty of
a category A felony and shall be punished by imprisonment in the state prison
for life without the possibility of parole.
5. A person who is under the age of 18
years and who commits lewdness with a child under the age of 14 years commits a
delinquent act.
6. For the purpose of this section, “other
sexual offense against a child” has the meaning ascribed to it in subsection 6
of NRS 200.366.
[1911 C&P § 195 1/2; added 1925,
17; A 1947,
24; 1943 NCL § 10143]—(NRS A 1961,
92; 1967,
477; 1973,
96, 255,
1406;
1977,
867, 1632;
1979,
1430; 1983,
207; 1991,
1009; 1995,
1200; 1997,
1722, 2502,
3190;
1999,
470, 472;
2003,
2826; 2005,
2877; 2015,
2241)
Notes of Decisions
Cote v. Eighth Judicial District Court (2008)
nev · cites it 14×
“We conclude that because NRS 201.230’s plain, broad language applies to “persons” of all ages, the statute can be used to adjudicate as delinquent minors under the age of 14, even though they are part of the class of persons protected by the statute.”
State v. Catanio (2004)
nev · cites it 4×
“The district court concluded that NRS 201.230, which criminalizes lewdness with a child under 14 years, requires proof of physical contact between the accused and the victim.”
Braunstein v. State (2002)
nev · cites it 4×
“NRS 201.230 defines lewdness, in relevant part, as the willful and lewd commission of: 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…”
Jackson v. State (2012)
nev · cites it 3×
“In sum, “[w]ith respect to cumulative sentences imposed in a single trial, the Double Jeopardy Clause does no more than prevent the sentencing court from prescribing greater punishment than the legislature intended.”
MOORE (MAURICE) VS. STATE (2020)
nev · cites it 16×
“: Appellant Maurice Moore was convicted of two counts of lewdness with a child under the age of 16 per NRS 201.230(1)(a). He argues that he had a reasonable, good-faith belief that the victim was 18 years old and the district court erred in preventing him from asserting a…”
People v. Baker (2018)
calctapp5d
“(a)(1)(C) [25-years-to-life for fondling or touching of a child under 14]; Nev. Rev. Stat. Ann. §§ 201.230 , subd. (2) [10-years-to-life for a lewd act on a child under 14], 200.”
Gaxiola v. State (2005)
nev · cites it 2×
“The wording of NRS 201.230, Nevada’s lewdness statute, further supports our analysis.”
State v. Koseck (1997)
nev · cites it 7×
““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…”
Allstate Insurance v. Foster (1988)
nvd · cites it 4×
“In 1986, Steven Foster pled guilty to and was convicted of lewdness with a minor (Nev.Rev.Stat. § 201.230). In 1987 the Rushes, as co-guardians ad litem for their daughter Kathryn, sued Steven Foster and his wife Roberta Foster in the Second Judicial District Court of the State…”
Findley v. State (1978)
nev · cites it 4×
“The crime is described by NRS 201.230(1). [1] Intent, by reason of the words of the statute, is an element of the crime and directly placed in issue by the not guilty plea of the accused.”
Crowley v. State (2004)
nev · cites it 2×
“NRS 201.230 defines lewdness, in relevant part, as the willful and lewd commission of 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…”
Leon Perez v. Garland (2024)
ca9 · cites it 15×
“2 He was sentenced to a term of 2 Nev. Rev. Stat. § 201.230 (2) provides: [A] person who commits lewdness with a child under the age of 14 years is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole,…”
— Nev. Rev. Stat. § 201.230(1) — 29 cases
Cote v. Eighth Judicial District Court (2008)
nev
“We conclude that because NRS 201.230’s plain, broad language applies to “persons” of all ages, the statute can be used to adjudicate as delinquent minors under the age of 14, even though they are part of the class of persons protected by the statute.”
State v. Koseck (1997)
nev
““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…”
Findley v. State (1978)
nev
“The crime is described by NRS 201.230(1). [1] Intent, by reason of the words of the statute, is an element of the crime and directly placed in issue by the not guilty plea of the accused.”
— Nev. Rev. Stat. § 201.230(1)(a) — 5 cases
MOORE (MAURICE) VS. STATE (2020)
nev
“: Appellant Maurice Moore was convicted of two counts of lewdness with a child under the age of 16 per NRS 201.230(1)(a). He argues that he had a reasonable, good-faith belief that the victim was 18 years old and the district court erred in preventing him from asserting a…”
— Nev. Rev. Stat. § 201.230(1)(b) — 2 cases
— Nev. Rev. Stat. § 201.230(2) — 12 cases
— Nev. Rev. Stat. § 201.230(2)(a) — 1 case
— Nev. Rev. Stat. § 201.230(3) — 1 case
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