Lewdness with a Child
Lewdness with a child under the age of 14 is considered a major felony in the state of Nevada. A conviction for this crime carries lifelong punishments. According to Nevada laws, lewdness with a minor is a felony charge, which may be referred to as child molestation or child sexual abuse in some instances. As with all criminal charges in the United States, persons accused of lewdness with a minor in Las Vegas, Nevada are innocent until proven guilty in a court of law.
Defendants must seek immediate legal counsel regarding their charge of lewdness with a minor in Las Vegas. Criminal charges for lewd offenses with children are aggressively prosecuted in Las Vegas and Clark County, Nevada.
Never make any statement to law enforcement until after you have retained an experienced criminal defense attorney. Many people who are alleged to have committed a sexual offense against a child are often approached by detectives to tell their side of the story. It is important to note that you have a constitutional right to remain silent and it is important that you exercise your constitutional rights. When you give a statement to police without a lawyer being present it exposes you to the possibility that your words and statements will be misconstrued and used against you in Court. By not speaking to the police you force the police and the prosecutor to prove their case without them misconstruing your own words against yourself. Always consult an attorney before speaking with the police.
A competent lewdness with a minor in Las Vegas attorney can assist defendants in building a defense and clarify the events that led up to these serious accusations.
Las Vegas Lewdness with a Child Defense Attorney
Working with a Las Vegas criminal defense lawyer can help anyone charged with lewdness with a minor fight the charges for dismissal, or possibly have the charges reduced to a lesser sentence. Contact the Law Office of Joel M. Mann at (702) 474-6266 for a free consultation about criminal charges of lewdness with a child.
Definition of Lewdness with a Child Under 14
Under NRS 201.230, lewdness with a minor under 14 years is defined as committing any lewd or lascivious act upon the body, or any part or member thereof, under the age of 14 with the purpose of sexually gratifying the defendant or the child. Broken down into the elements of the crime, the prosecution would have to show:
- A willful act,
- Which is lascivious or lewd
- An act other than acts which constitute the crime of sexual assault (non-consensual penetration)
- Upon the body or any member or part of the body
- Of a child under the age of 14 years old (13 years old or younger)
- With the intent of appealing to, gratifying or arousing the passions, sexual desires, or lust of either the defendant or the child.
Punishments for Lewdness with a Child
Under Nevada Revised Statute Section 201.230 any man or women accused of the criminal offense of lewdness with a child faces a prosecution for a category A felony which is punishable by a minimum $10,000.00 fine and life in Nevada State Prison with no possibility of parole until after at least 10 years of the prison sentence has been served.
Enhanced penalties exist for any person who has previously been convicted of any crime that constitutes a lewd act with a child or any other sexual offense with a child as defined by Nevada Revised Statute Section 200.366. With a prior conviction, the sentence is a category A felony with no possibility of parole.
Additionally, offenders will face a lifelong record,entry into the national and state level sex offender database and lifetime supervision by the Nevada Department of Parole and Probation.
False Allegations of Lewdness with a Child Prosecutions in Nevada
False allegations can occur, particular when parents are going through a custody battle or when an adult has a financial motive to encourage a child to make such an allegation. Because the offenses are rarely witnessed by a third party, the prosecutors with the District Attorney's Office in Clark County often rely completely on an unsupported allegation made by a child or the child's parents.
In the greater Las Vegas area, after an allegation is made, the child will often undergo a sexual abuse examination at the Clark County Child Advocacy Center. Because allegations of "lewd" conduct rarely leave behind physical evidence, these examinations do not typically provide any evidence that either proves or disproves whether the offense occurred. The child will also be interviewed about the incident. The people that conduct these interviews are trained to gather evidence. Sometimes even the way the questioning is conducted can lead to false or exaggerated accusations.
Many people are surprised to learn that the case can be prosecuted even though no physical or DNA evidence exists. In many of these cases, the conduct is not reported for weeks, months or even years, which makes establishing an alibi difficult. In fact, the prosecution of these cases can occur even if the prosecutor has no evidence about exactly when the incident occurred. In other words, the charging document can allege a time frame that spans several months.
Obtaining Experienced Representation to Defend Your Case
Contact the Law Office of Joel M. Mann after any allegation of sexual misconduct including any lewd act with a child in the greater Las Vegas area, for Clark County and the surrounding counties throughout Nevada.
Working with a criminal defense lawyer in Las Vegas can help anyone charged with lewdness with a minor fight the charges for dismissal, or possibly have the charges reduced, which would bring about a lesser sentence. The Law Office of Joel M. Mann can help individuals charged with lewdness in the following ways:
- Dealing with law enforcement and prosecutors on your behalf
- Come into a case at any stage and prepare for the trial representation
- Make every effort to resolve your case without a trial, and in some cases through a dismissal
- Find a way to have the charges reduced through plea bargaining
- Find any alternative to the sentencing medium
Law Office of Joel M. Mann | Nevada Lewdness with a Child Defense Attorney
Nevada law provides serious penalties dealing with any allegation of improper sexual conduct with a child under the age of 14 years old. Contact the Law Office of Joel M. Mann for aggressive representation against lewdness with child charges. Joel Mann is an experienced Las Vegas sex crime defense attorney that will fight the charges. Contact us at (702) 474-6266 for a free consultation.