Sexual Misconduct between Teacher and Student

Sexual Misconduct between Teacher and Student

Allegations of improper sexual conduct by teachers and other educational professionals have become more common in the Las Vegas and Clark County area. Typically, these high-profile cases grab tremendous negative media attention that can impact the result achieved in court. Hiring an experienced criminal defense attorney early in the case often ensures that all avenues of attacking the criminal charges are preserved.

Las Vegas Teacher Sexual Misconduct Attorney

Generally, a teacher is significantly older than a student which puts any sexual contact between them into the area of child molestation or lewdness with a child. Considering the media attention given to teachers who are caught having intimate relationships with their students, it is imperative to get legal representation from the onset of the allegations. It is possible that many false allegations are generated due to the heightened media interest in these types of case.

The Law Office of Joel M. Mann is prepared to fight your case. If you or someone you know accused of lewdness of a minor or any other sexual crime that involves minor children, contact Joel Mann at (702) 474-6266 for a free consultation on the particular facts of your case.


Teacher and Student Misconduct Information Center


Teachers and Other Employees Covered by Nevada's Statute Section 201.540

Nevada Revised Statute Section 201.540 covers any employee deemed to be in a "position of authority" in any public or private school, including:

  • Instructor or teacher;
  • Teacher's aide or other auxiliary or assistant nonprofessional employee;
  • Substitute teacher;
  • Administrator;
  • Guidance counselor; or
  • Assistant or head coach.

Other provisions of Nevada law provides for serious penalties for improper sexual conduct between college, university, public and private school teachers and students or pupils for sexual conduct and sadomasochistic abuse.


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Nevada Penalties for Teacher-Student Sexual Misconduct

The statute covers any employee in a position of authority in a private school or public school including teachers, teacher's aides, substitute teachers and certain volunteers. The statute defines the prohibited act between teacher and student as engaging in sexual conduct with a student. The punishment largely depends on the age of the student.

  • If the student is seventeen (17) or sixteen (16) years old at the time then the punishment for sexual misconduct between a student and a teacher is punishable as a category C felony.
  • If the student is fourteen (14) or fifteen (15) years old at the time then the punishment for sexual misconduct between a student and a teacher is punishable as a category B felony that shall be punished by imprisonment in Nevada State prison for minimum of at least one year and a maximum of 6 years and a fine of not more than $5,000.00.

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Nevada's Legislative Declarations and Findings in Teacher / Student Sexual Misconduct Cases

The Nevada legislature enacted Nevada Revised Statute Section 200.3771 and 200.3774 to provide protection to the students victimized by teachers. These statutes protect the victims against public disclosure of the student’s name or identity.

In supporting this legislation, the Nevada legislature has made certain findings and declarations related to the prosecution of sexually motivated crimes that occur between teachers and students including:

  • The State of Nevada has a compelling interest in making sure that the victim of a sexually motivated offense involving a student reports the incident to the appropriate authorities, cooperates with the investigation and prosecution of the crime, and agrees to testify at trial.
  • For many students who are the victims of sexual misconduct perpetrated by a teacher, the student has a fear of being identified in the media, fears an invasion of privacy that will occur during the prosecution that may result in the student being afraid to report the crime or testify at trial.
  • A public report of the student victim's name can cause additional psychological harm.

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The Prosecution of Women (Female Teachers) for Sexually Motivated Crimes

Although women are rarely charged with sexually motivated crimes, allegations against female teachers for engaging in inappropriate sexual conduct with a male student have risen dramatically in the last 10 years.

In response, Nevada has enacted a statute specifically to deal with sexual misconduct between a teacher and student. Many consider the harsh penalties inappropriately severe when the allegations deal with a female teacher and male student over the age of 16. Others argue that sexual offenses committed by women against male students should be treated just as harshly as sexual offenses committed by men.

Contact Las Vegas criminal defense attorney, Joel M. Mann, about allegations of improper sexual conduct between a teacher and student under NRS 201.540 in Clark County. Joel Mann's experienced in dealing with serious sexually motivated offenses and reputation for fighting for individuals who have been falsely accused can help you fight your charges.


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Collateral Consequences of Criminal Allegations Against Teachers

Almost any misdemeanor or felony criminal accusations can lead to disciplinary action for a private or public school teacher, administrator in an educational institution including University or College professors. The State Board for Nevada may suspend or revoke the license of any teacher, administrator or other licensed employee, after notice and an opportunity for hearing have been provided. False allegations against teachers require a quick and aggressive response to limit the damage that might otherwise occur.

You can consult the following statutes for more information on teacher and student sexual misconduct:

NRS 201.540 - Provides for penalties for improper sexual conduct between teachers and students. The statutory scheme from 201.470 - 201.530 defines students, pupils, teachers, employees and volunteers of public and private schools, colleges, a university, and prohibited conduct including sexual conduct and sadomasochistic abuse.

Nevada Revised Statute (NRS) Section 201.540 prohibits sexual conduct between teachers and other employees of the educational institution and pupils or students of the educational institution, including public schools, private schools, colleges, and universities.


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Law Office of Joel M. Mann | Nevada Teacher Misconduct Defense Attorney

Nevada law provides serious penalties dealing with any allegation of improper sexual conduct with a child in the context of a teacher-student relationship. Contact the Law Office of Joel M. Mann for aggressive representation against allegations of sexual misconduct with a student. Joel Mann is an experienced Las Vegas sex crime lawyer that will fight the charges. Contact him at (702) 474-6266 for a free consultation.