Nevada’s “Incest” Laws & Penalties – NRS § 201.180

NRS § 201.180 is the Nevada law that prohibits incest, which is intermarriage or fornication (sexual intercourse) between relatives closer than second cousins. Incest is a crime even if both relatives consent to the marriage and/or sex.

Penalties

As a category A felony, incest carries:

• 2 years to life in Nevada State Prison with the possibility of parole,
• sex offender registration depending on the case,
• possible lifetime supervision under NRS 176.0931, and
• up to $10,000 in fines.

However, you may get probation if your psychosexual evaluations show you do not represent a high risk of reoffending.

Incestuous Relationships

It is incest in Nevada to marry or fornicate with your:

• grandparent or great-grandparent,
• sibling or half-sibling,
• child,
• parent,
• aunt or uncle,
• niece or nephew,
• grandchild or great-grandchild, or
• first cousin

Defenses

• No marriage or fornication occurred; or
• Your partner was a second cousin or more distant relation; or
• You were falsely accused.

We have seen firsthand how stressful and isolating an incest allegation can be. These cases often involve complicated family relationships, conflicting accounts of what happened, and highly sensitive evidence that must be examined carefully rather than taken at face value.

Our criminal defense attorneys understand that an accusation is not the same as a conviction. We scrutinize the alleged relationship between the parties, communications and other evidence, witness credibility, and the circumstances surrounding the accusation to identify weaknesses in the prosecution’s case and determine the strongest available defense.

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding incest:

• 1. Elements of NRS 201.180
• 2. Incest vs. Rape
• 3. Penalties
• 4. Defenses
• 5. Record Seals
• 6. Related Offenses
• Frequently Asked Questions
• Additional Resources

1. Elements of NRS 201.180

For you to be convicted of incest in Nevada, prosecutors have to prove the following two elements of the jury instructions beyond a reasonable doubt:

1. You got married, had sexual intercourse (“fornication”), or committed adultery, and
2. Your partner was a relative who is closer than a second cousin or cousin by half-blood.

The purpose of incest laws is to discourage family sexual abuse as well as inbreeding, which leads to a greater chance of birth defects.¹

2. Incest vs. Rape

Incest is a separate Nevada sex crime from sexual assault (“rape”) under NRS 200.366. Whereas rape involves non-consensual sex, incest is unlawful even if both people are consenting adults.²

Certainly, it is possible to be charged with both rape and incest for the same sexual act.

Example: A man has sex with his adult sibling against her will. He can be prosecuted for both rape (because she did not consent) and incest (because they are closer than second cousins). Had the sibling consented to the sex, then both siblings can be charged with incest.³

Because the same incident can potentially result in both incest and rape charges, we closely examine statements, communications, physical or forensic evidence, and the parties’ relationship to determine how best to defend against the allegations.

3. Penalties

In Nevada, incest under NRS 201.180 is a category A felony. A conviction carries:

• A state prison sentence of 2 years to life with the possibility of parole,
• possible sex offender registration,
• possible lifetime supervision, and
• fines of up to $10,000.

When determining an incest sentence, Nevada judges will likely consider the following factors:

• How closely related you are to the other person;
• Whether you were both adults (over 18 years of age), both children, or one of each;
• Whether one or both of you were under the age of consent, which is 16 in Nevada;
• Whether the marriage and/or sexual intercourse was consensual; and
• Whether you knew you were related.

For example, adult first cousins once removed who had consensual intercourse would probably receive a lax sentence because it is arguably a victimless crime where neither party got hurt.

In contrast, an adult male who rapes his minor sister would surely receive a harsher prison term because it involved a closely-related underage victim who was forced to have sex against her will.⁴

4. Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with sex offenses, including incest. In our experience, the following five defenses have proven very effective at getting NRS 201.180 cases reduced or dismissed depending on the facts of your case.

1. There was no sexual intercourse (“fornication”).  Under Nevada law, sexual intercourse refers only to vaginal sex between a man and a woman and not to any other types of sexual penetration or conduct.⁵ If the prosecutor cannot prove that you engaged in sexual intercourse specifically, then the incest charge could be dropped.
2. There was no marriage. To be considered married in Nevada, you must have a marriage certificate or be in a common-law marriage from another state that recognizes such unions. As long as the prosecutor cannot prove that you were lawfully married, then their allegation that you married a relative cannot stand.
3. You and your partner were not closely related.  A blood test is usually enough to show that you and your partner are not closer than second cousins. Once the results come back in your favor, the incest charge should be dropped.
4. You did not know you and your partner were closely related. Technically, knowing that you and your partner were closer than second cousins is not an element of incest. However, if you genuinely had no idea that you two were closely related, we may be able to persuade the prosecutor to give you a break by dropping the charge or at least agreeing to a favorable plea bargain.
5. You were falsely accused. Sometimes people levy untrue allegations of incest out of anger or revenge. Often we can find evidence of an accuser’s motivations to lie in their texts and voicemails, which can then lead the D.A. to drop the case.

Another potential defense to incest charges is that law enforcement committed misconduct such as coercing your confession or performing an unlawful search. Any evidence that the police unlawfully obtained can be suppressed, which may leave the D.A. with too weak of a case to prosecute.

5. Record Seals

Nevada incest convictions can never be sealed from your criminal record. That is why it is so important to hire experienced counsel to try to get the charge reduced or dropped.

Note that dismissed incest charges can be sealed immediately.⁶

6. Related Offenses

• Child abuse or neglect (NRS 200.508) – Willfully causing a minor to suffer unjustifiable physical pain, mental suffering, or sexual exploitation.
• Bigamy (NRS 201.160) – Knowingly having more than one spouse at the same time.
• Open and gross lewdness (NRS 201.210) – Engaging in sexual activity in public view or having non-consensual sexual conduct short of penetration.
• Indecent exposure (NRS 201.220) – Exposing your genitalia or anus in public or in a private place open to public view.
• Lewdness with a minor (NRS 201.230) – Touching a child under 16 with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of you or the child.
• Pandering (NRS 201.300) – Enticing or persuading an adult to engage in prostitution.
• Solicitation (NRS 201.354) – Offering or agreeing to engage in prostitution.
• Statutory sexual seduction (NRS 200.368) – Consensual sex with a minor aged 14 or 15 (and the Romeo and Juliet close-in-age exception does not apply).

Frequently Asked Questions

Is incest illegal in Nevada if both people are consenting adults?

Yes. Consent does not make incest legal in Nevada. NRS 201.180 prohibits qualifying relatives from intermarrying or committing fornication or adultery with each other, even when both people willingly participate.

The Nevada Supreme Court has specifically held that incest does not require mutual consent. Therefore, consensual sex between relatives within the prohibited degree of relationship may still result in an incest charge.

Can two adults both be charged with incest in Nevada?

Potentially, yes. When two relatives who are legally prohibited from having an incestuous relationship voluntarily have sexual intercourse with each other, prosecutors may potentially charge either or both participants depending on the circumstances.

However, if one person did not consent, the case may involve additional and substantially more serious allegations such as sexual assault.

Can someone be charged with both incest and sexual assault in Nevada?

Potentially. Incest under NRS 201.180 and sexual assault under NRS 200.366 are separate crimes.

Incest concerns the prohibited family relationship between the parties. Sexual assault concerns sexual penetration without consent or under other circumstances prohibited by Nevada law. Therefore, the same incident can potentially support both charges.

For example, a person accused of forcing a qualifying relative to have sex could potentially face an incest charge as well as a sexual-assault charge.

Does Nevada’s incest law apply to half-siblings?

Yes. Nevada marriage law generally permits two people to marry only when they are “not nearer of kin than second cousins or cousins of the half blood.” Because NRS 201.180 ties the prohibited degree of consanguinity to the relationships for which marriage is legally prohibited, relationships substantially closer than that—such as siblings and half-siblings—can fall within Nevada’s incest law.

Can having sex with an adult niece or nephew be incest in Nevada?

Yes. An aunt or uncle and a niece or nephew are substantially closer in blood relationship than second cousins. Sexual intercourse between them can therefore potentially constitute incest under NRS 201.180 even when the niece or nephew is an adult, and both people consent.

Are first cousins allowed to marry in Nevada?

Nevada law permits marriage between people who are not nearer of kin than second cousins or cousins of the half blood. As a result, ordinary first cousins are too closely related to marry under Nevada law.

Is an incestuous marriage valid in Nevada?

No. Nevada law provides that marriages prohibited because of consanguinity are void. A marriage that falls within Nevada’s prohibited degree of blood relationship therefore does not become lawful merely because the parties obtained or attempted to obtain a marriage license or participated in a marriage ceremony.

What happens if incest allegedly involves a child under 16?

An incest allegation involving a child can lead to additional criminal charges depending on what allegedly occurred.

For example, prosecutors may investigate or file charges for lewdness with a child under NRS 201.230, sexual assault under NRS 200.366, or child abuse or neglect under NRS 200.508.

Can incest lead to child-abuse charges in Nevada?

Yes. When an incest allegation involves a minor, prosecutors may also consider child abuse or neglect under NRS 200.508 if the evidence indicates that the child suffered unjustifiable physical pain, mental suffering, sexual abuse, sexual exploitation, or other legally prohibited harm.

Is lewdness with a child different from incest in Nevada?

Yes. Incest under NRS 201.180 focuses on sexual conduct or intermarriage between people within a prohibited degree of consanguinity. Lewdness with a child under NRS 201.230 focuses on specified sexual conduct involving a child under 16.

When the alleged parties are closely related and one is under 16, prosecutors may potentially pursue both offenses if the evidence establishes the elements of each crime.

Is incest considered a sexual offense for Nevada sex-offender laws?

Yes. Nevada’s sex-offender statutes expressly include incest under NRS 201.180 within the statutory definition of a “sexual offense.” A conviction can therefore trigger Nevada sex-offender registration requirements.

The particular registration obligations and classification depend on the circumstances of the conviction.

Does an incest conviction carry lifetime supervision in Nevada?

Yes. Nevada law classifies incest under NRS 201.180 as a sexual offense for purposes of the state’s lifetime-supervision statute. A court sentencing a defendant for a qualifying sexual offense must impose a special sentence of lifetime supervision in addition to other applicable penalties.

Nevada law does provide a way for people to later petition for release from lifetime supervision if they satisfy the statutory requirements.

Can someone convicted of incest get probation in Nevada?

Probation is not automatically available simply because the conduct was consensual. Nevada specifically includes incest among the offenses subject to special restrictions on probation.

Before a court may suspend the sentence or grant probation to an otherwise eligible person convicted of incest, the applicable statutory requirements must be satisfied. This includes a professional assessment that the defendant does not represent a high risk of reoffending.

Can a Nevada incest conviction be sealed?

Generally, no. Nevada law prohibits record sealing for convictions classified as sexual offenses, and the statutory definition expressly includes incest under NRS 201.180.

This is different from a case in which the incest charge is dismissed. Nevada law provides separate procedures for sealing records when charges do not result in a conviction.

What other crimes can be charged alongside incest in Nevada?

Depending on the facts, an incest investigation can potentially involve additional Nevada charges such as:

• sexual assault under NRS 200.366;
• statutory sexual seduction under NRS 200.368;
• child abuse or neglect under NRS 200.508;
• lewdness with a child under NRS 201.230;
• open or gross lewdness under NRS 201.210; or
• indecent exposure under NRS 201.220.

Being related to the other person does not merge these offenses into incest. Prosecutors may bring separate charges when the facts independently satisfy the elements of more than one crime.

What is the punishment for incest under NRS 201.180?

Incest is a category A felony in Nevada. A conviction carries:

• a minimum of 2 years in Nevada State Prison;
• a maximum sentence of life with the possibility of parole; and
• a possible fine of up to $10,000.

Because Nevada also classifies incest as a sexual offense, a conviction can have additional consequences such as sex-offender registration and lifetime supervision.

Additional Resources

If you are a victim of incest, our Las Vegas sexual assault attorneys suggest you refer to the following:

• RAINN – National sexual assault hotline providing free, confidential support for survivors 24/7.
• Crisis Support Services of Nevada – Free, confidential 24/7 support to survivors throughout Northern Nevada.
• Signs of Hope – 24/7 rape crisis hotline.
• The Nevada Coalition to End Domestic and Sexual Violence – Statewide advocacy, education, and support of the front-line organizations that help victims.
• Nevada Victims of Crime Program – Financial assistance for survivors.

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Legal References