luring children or persons with mental illness

Nevada Attorney Defines Crime of Luring Children

In Nevada, behaviors that have been criminalized because they are against public decency and good morals are included in Chapter 201 of Title 15. Within this Chapter of Nevada’s penal code, different categories of crimes against public decency and good morals have been divided into different subsections. One of those subsections relates to the offense of luring children or luring people with mental illnesses.

LV Criminal Defense can provide help if you have been accused of a crime related to luring children or individuals who are suffering from a mental illness. This offense is a serious one, and we will assist you in taking steps to understand what a prosecutor must prove to convict you and what your options are for fighting charges. Our Vegas defense attorneys have the necessary experience and knowledge of crimes made illegal under Chapter 201 to help you to identify the best legal strategy and to implement that strategy with the goal of fighting for the most favorable outcome possible.

You should get legal help as soon as you are under investigation or as soon as you have been accused of wrongdoing in connection with luring children or mentally ill individuals. Give us a call today to get an advocate on your side to help you fight for your future.

Nevada Laws on Luring Children or Persons with Mental Illness

The subsection of Chapter 201 that deals with the offense of luring children or persons with mental illness includes Nevada Revised Statute section 201.560. According to the relevant law, a defendant can be convicted of luring a child if the defendant:

• Communicates in any way with a child who is under the age of 16 and who is at least five years younger than the defendant.
• If this communication occurs with the intent to persuade the child to go away from the child’s home or another location known to the child’s parent, guardian or other person legally responsible for the child or if the communication occurs with the goal of luring or transporting the child away from a parent, guardian or other person with legal responsibility.
• If the luring, persuading, or transporting of the child is done without the express consent of the child’s parent or guardian or without the express consent of any person who is legally responsible for the child.
• If the defendant acts with the intention of avoiding the consent of the parent, guardian or other person who is legally responsible for the child.

A defendant can be convicted of a luring offense even if the defendant simply believes that he is talking with a child 16 or under who is at least five years younger than the defendant – even if the person the defendant is actually luring is not a child. The prosecutor does not have to prove the actual age of the person being lured; all that matters for purposes of this offense is whether the defendant believed that the individual he was communicating with was a child.

A defendant can also be convicted of the crime defined in N.R.S. 201.560 if the defendant lures a person with mental illness. The prosecutor would have to prove that the defendant knowingly contacted or communicated a person who was mentally ill with the intent to persuade, lure, or transport the mentally ill person away from that person’s home or away from a location that is known to the person who is legally responsible for the mentally ill individual.

For a defendant to be convicted of luring a person with mental illness, the defendant must have lured the mentally ill person away from his home or away from a location known to a caregiver without the express consent of the person who was legally responsible for the mentally ill person, and with the intent to avoid the consent of the person with legal responsibility for the mentally ill person. The prosecutor also must prove that the defendant acted to lure the mentally ill person for a purpose that any reasonable person under the circumstances would have been aware would endanger the health, safety, or welfare of the mentally ill person.

There is an exception, however, if the purpose of the luring of the child or mentally ill person is to attempt to prevent imminent physical, emotional, or psychological harm to the child or to the person with mental illness.

The penalties for the offense vary depending upon the specific actions taken. For example, a person who uses a computer, system, or network to lure a child with intent to engage in sexual conduct with the child or mentally ill person is guilty of a Category B felony. The potential punishment could include imprisonment of not less than a year and a maximum term of imprisonment of up to 10 years along with a fine of $10,000.

If the person uses a computer system or network to provide the child or mentally ill person with material harmful to minors or to request the child or mentally ill person provide material harmful to minors, the defendant could be charged with a Category C felony.

In other situations where a computer system or network is used to lure a child or mentally ill person, the defendant could be charged with a gross misdemeanor.

If a method other than a computer was used to lure a child or mentally ill person for purposes of engaging in sexual contact, the defendant can be charged with a Category B felony carrying a minimum penalty of two years imprisonment and a maximum of 15 years imprisonment along with a $10,000 fine. If a method other than a computer is used to lure a child by providing material harmful to a minor or requesting material harmful to a minor, the offense is a category B felony carrying a penalty of a minimum of one year imprisonment and a maximum of six years imprisonment. In other circumstances, the offense is a gross misdemeanor.