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Does Nevada have a Romeo and Juliet law?

Yes. Normally the age of consent in Nevada is 16 years old. But under the state’s Romeo & Juliet law, minors age 14 and 15 may have consensual sex with fellow teens less than four years older than them. If the age difference is four years or greater, then the older sex partner faces criminal charges for statutory rape, called statutory sexual seduction (NRS 200.368).

Statutory rape laws in Nevada

In general under Nevada law, children under 16 years of age may not lawfully consent to have sexual penetration – including sexual intercourse – with others.

It does not matter if the child initiates the sexual conduct or wants sexual activity. Nor does it matter if the child is mature for his/her age and can pass for an adult.

Under Nevada’s legal age of consent laws, sexual relations with a 15-year-old (or younger child) is statutory rape. But as with many state laws in the United States, Nevada law has an age exemption to statutory rape charges. It is called the Romeo & Juliet exception.

Romeo and Juliet law

Nevada lawmakers understand that teenagers under the age of consent have consensual sexual intercourse and engage in other sexual contact with fellow teens. And most of the time, this consensual sexual activity is harmless and involves no sexual abuse. Therefore, the Nevada Revised Statutes 200.364 contains a sex crimes/lewdness exception for certain young people:

Under the Romeo and Juliet law (also called the close-in-age exception), children who are 14 or 15 may consent to sex in the state of Nevada if their partner is less than four years older than them.

Therefore, it is legal for minors ages 14 and 17 to have consensual sex together. But it is not legal for minors ages 14 and 18 to have consensual sex because of the four-year age difference.

Similarly, minors ages 15 and 18 may have consensual sex together. But it is not legal for minors ages 15 and 19 to have consensual sex because of the four year age difference.

Penalties for statutory rape

The sentence for statutory sexual seduction in Nevada turns on the defendant’s age:

 Defendant’s age
 Nevada punishment for statutory rape
21 or older Category B felony:

  • 1 – 10 years in Nevada State Prison, and
  • Up to $10,000 in fines (at the court’s discretion)
Under 21 Gross misdemeanor, if the defendant has no prior sex crime convictions:

  • Up to 364 days in jail, and/or
  • Up to $2,000 in fines

Category D felony, if the defendant has one or more prior sex crime convictions:

  • 1 – 4 years in prison, and
  • $5,000 in fines (at the court’s discretion)

In addition, defendants must register as sex offenders. Defendants convicted of a gross misdemeanor must remain on the sex offender registry for 15 years as Tier I offenders. And defendants convicted of a felony must remain on the registry for life as Tier III offenders.

Note that the penalties for statutory rape are less than for rape (sexual assault). Rape is a category A felony, carrying possible life imprisonment.

Also note that there is a special law prohibiting sexual conduct between school employees and pupils who are at least 16 years old. Student-teacher sex is a category C felony, carrying:

  • 1 – 5 years in prison, and
  • Up to $10,000 in fines (at the court’s discretion)

Learn more about high school student-teacher sex laws (NRS 201.540).

About the Author

Picture of Michael Becker

Michael Becker

Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.

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