Nevada lawmakers have passed laws in recent years that classify sexual conduct between teachers and students as a separate offense from statutory rape. The aim of these laws is to further protect students from becoming the victim of a sex crime. Teachers can be prosecuted for these acts, even if the sexual acts are consensual. These accusations can be career ending for a teacher, and they may be faced with the lifetime stigma of the charges, even if there is no conviction.
Who Can Be Accused of Sexual Misconduct with a Student?
All individuals employed by a school and who occupy a position of authority can face charges of improper sexual conduct. These positions include:
- Teachers
- Substitute teachers
- Administrators
- Student teachers
- Teachers’ aides
- School counselors
- Professional and non-professional school employees that are in contact with students
Sexual misconduct laws apply to all public and private schools, and can also be considered at a university level. The employee may still be convicted, even if they are no longer in the employ of the school at the time of the sexual conduct. The student does not need to attend the employee’s school for the employee to be convicted of sexual misconduct with a student, but the employee does need to come into contact with the student through the course of their duties.
What is Considered Sexual Misconduct?
There are a number of behaviors that are forbidden between school employees and students by Nevada state law. These activities can include:
- Sexual intercourse, including vaginal and anal intercourse.
- Oral-genital contact, including fellatio or cunnilingus.
- Physical contact with either participants bare genitals for the purpose of arousal or sexual gratification of one party.
- Penetration of an object or body part into a genital or anal opening for the purpose of sexual gratification of either party.
- Masturbation or lewd exhibition of unclothed genitals
- Sado-masochistic abuse
Penalties for Teacher-Student Sexual Misconduct in Nevada
The student’s age is an important determining factor for sexual misconduct cases. Penalties are harsher for conduct involving younger students, but all sexual misconduct with a student is considered a felony offense in Nevada.
Students Between 16 and 17 Years Old
If the student is 16 or 17 at the time of the sexual conduct, the charges are considered a category C felony. The penalties for these charges include 1 to 5 years in state prison and up to $10,000 in fines.
Students Between 14 and 15 Years Old
If the student is 14 or 15 at the time of the sexual conduct, the charges are considered a category B felony. The penalties for these charges include 1 to 6 years in state prison and up to $5,000 in fines
Regardless of the severity of the charges, an individual convicted of sexual misconduct with a minor may also be ordered to register as a sex offender for a certain amount of time.
Start Your Defense for Sexual Misconduct with a Student
Accusations of sexual misconduct with a student can be career ending for teachers and other education professionals. Even without a conviction, it is highly unlikely that the individual in question will ever be trusted around minors again. At The Draskovich Law Group, Chtd, we understand how critical it is to not only defeat these charges, but defend your Constitutional rights and your reputations. Backed by more than 40 years of collective experience, our Las Vegas sex crime defense attorneys are prepared to help you with even the most complicated cases. We have the resources, knowledge, and passion to provide you with award-winning legal defense. Don’t face your charges alone and risk your future.
Contact The Draskovich Law Group, Chtd today to schedule a free consultation.