What is Considered a Lewd Act? Penalties, Consequences with Prior Conviction, Evidence & More

Simply put, a lewd act is with anything that has to do with the intent to sexually arouse one’s self or the child. Non-touching and outside the clothing touching are included as a lewd act. Many interactions between a child and an adult are misconstrued under this law. Even if the charges are dismissed, the seriousness of this is why it is extremely important to seek the advice of counsel who have many years defending against these charges that carry a lifetime of punishment. With this in mind, we at Kajioka & Associates, Attorneys at Law would like to cover the basics of lewd acts.

Penalties of Lewd Acts

With this crime, it is vital you call a qualified attorney as quickly as possible to protect your rights since this is a very serious accusation if you or a loved one have been arrested and charged with lewd acts. A person who is convicted of committing any lewd or lascivious act on a child under the age of fourteen is guilty of the category A felony lewdness with a child according to the Nevada Revised Statutes 201.23. The penalties include imprisonment in the state prison for life with eligibility for parole after 10 years have been served. A fine of not more than $10,000 may also be assessed. With a and parole is lifetime supervision and this case will stay on your record forever. Additionally, you may also have to register as a sex offender for life.

Consequences with Previous Lewd Acts Conviction

For those who has already been previously convicted of lewdness with a child or any other sexual offense against a child whether in Nevada or outside the state, a person who commits lewdness with a child has even more serious consequences as well. If convicted, it is category A felony, and shall be punished by imprisonment in the state prison for life without the possibility of parole.

Requisite of DNA & Other Evidence in Lewd Acts Charges

Unfortunately, DNA is not required for conviction. To garner a conviction, in fact, hardly any evidence is needed. The reason being is because the district attorneys do not think children ever make up these charges. It is also not needed for exact dates and times. Also, the prosecution is not hindered by faded memories or false memories under the Statute of limitations that have been extended. Evidence that supports your case is not maintained or collected, however. As witnesses move or pass away, false accusations occur more than people think, particularly during custody battles. Since sometimes people have agendas and the way the questioning is framed can lead to false or exaggerated charges, it is Nevada policy that the child will often undergo a forensic sexual abuse interview with people conducting these interviews being trained to gather evidence.

Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada

Where this case can be scary and very serious, especially for the innocent being falsely accused, it is vital that you do not procrastinate in obtaining excellent legal help. Call Kajioka & Associates, Attorneys at Law as we have the experience in handling sensitive chargers and can offer the best defense.