If you are arrested for a sex crime in Las Vegas, you absolutely need to move quickly and retain a competent and skilled attorney who can fight hard to protect against unnecessary and wrongful charges. Give Lobo Law a call today to see if we can help you. Here are just 3 simple ways that real people get charged with sex crimes without doing anything wrong.

#1 – Prostitution 

Las Vegas has a very inaccurate reputation as a place where prostitution is legal. It’s not. Nevada has laws on the books that do permit prostitution, but the restrictions and limitations make it so that it cannot practically be done anywhere in Clark County without breaking the law. So, many Americans travel to Las Vegas under completely incorrect assumptions. They may be approached by a sex worker and even solicited by the sex worker, all under false pretenses. While ignorance is not a defense, entrapment is. If the prostitute is an undercover police officer, it’s important to let a lawyer review the circumstances of the arrest, as it could be an invalid arrest.

#2 – Lewdness 

Some people get drunk in public and party just a little too hard in Vegas. Drunk people may get carried away and make the mistake of urinating in public. While it’s true that this is a criminal act and one that should be strongly discouraged, it certainly should not result in an otherwise good person with a clean record having their life turned upside down. The problem is that by urinating, the individual may also be inadvertently exposing their private parts to the public, which can carry serious penalties and even get them labeled a sex offender.

#3 – Online Sex Crimes 

In this day and age, it’s hard to fully appreciate the wide range of ways a person can commit a crime online. Viewing the wrong website or paying to download images that you think are legal can turn very serious if it turns out that you have viewed underage materials. The law is designed to protect minors from exploitation, and for good reason. Sex trafficking has become a serious and terrifying industry. But innocent people mistakenly get caught in undercover stings every day.

Help is Just a Phone Call Away 

Here in Las Vegas, if you are arrested and charged with a crime, you need to know you have an ally on your side. Sex crimes carry a terrible stigma that can haunt you for the rest of your life. At Lobo Law, we represent defendants in all sorts of criminal matters, and we work hard to make sure the system does not treat you unfairly. Our goal is to make sure you are innocent until proven guilty, and not the other way around. Call today to speak with a Las Vegas sex crime attorney about your charges.

Resource:

leg.state.nv.us/nrs/nrs-201.html

https://www.lvcriminallawfirm.com/can-i-go-to-jail-for-lewd-behavior-in-las-vegas/

Definitions are Vague on Purpose 

The Legislature left open the definition of what constitutes lewdness for a reason. After all, it is a somewhat subjective standard and there’s no end to possible behaviors people may exhibit. Whether it’s a person exposing genitals on a public bus or someone defecating in public, “open or gross lewdness” is a flexible charge that can be used by prosecutors in a host of rare and unusual situations. Of course, this creates a different problem – sometimes the law is overused.

Under Nevada Revised Statutes, Section 201.210, there is no clear definition of the word “lewd,” but there are definitions of sexual acts and conduct that tends to qualify as prohibited under the statute. These include things like:

• Sexual intercourse
• Exposing genitals
• Lewd or lascivious conduct with one’s own body or someone else’s
• Public masturbation
• Any form of oral sexual stimulation

How Serious Are Lewdness Laws? 

Very. In fact, a first offense is a gross misdemeanor, which can carry a jail term and huge fines. Worse yet, a subsequent offense is generally a Class D felony, which almost always carries the potential for over a year in jail. Plus, felonies can have a wide range of other effects on one’s life.

While it may come as a bit of a surprise that lewd conduct can be so illegal in a place where prostitution and marijuana use are widely reported as legal, the fact is that even both of those are not really understood by most people – even folks who live in Las Vegas. The truth is, marijuana is legal for use in Las Vegas, but only in private homes and only when purchased from licensed dispensaries. Even then, there are many rules that limit marijuana, making it extremely difficult for tourists to buy or use it legally in the city.

Likewise, prostitution is not actually legal in Las Vegas. It is only legal in certain counties but is illegal in counties with populations of more than 700,000 – which includes Clark County, Nevada. Therefore, the vast majority of Las Vegas prostitution is illegal.

Getting Serious Legal Help After an Arrest 

After being arrested in Las Vegas, hiring a lawyer should be your number one priority. You cannot afford a felony or sex crime on your record – even if you made an innocent or honest mistake. Maybe you drank too much and just wanted to let down your guard on vacation. Perhaps you were convinced that Vegas was more relaxed about public behavior. Whatever the case, you deserve a fighting chance when going up against the government’s lawyers. Give Lobo Law a call today to see if we can help.

https://www.lvcriminallawfirm.com/can-i-be-convicted-of-sexual-assault-without-evidence/

To better understand how you can potentially be accused and convicted of a serious sexual assault crime solely based on testimony, here are some key points to remember.

What is Sexual Assault in Nevada?

Under Nevada Revised Statutes, Section 200.364, sexual assault is carefully defined. Here are the basic elements of sexual assault against an adult. Keep in mind that crimes against children are an entirely different matter.

• There was an act of sexual penetration
• The act was performed with force against the victim’s will OR under circumstances where the victim is mentally or physically incapable of resisting or consenting

The last part of that definition is extremely important, because essentially it means if the alleged victim cannot resist or understand and appreciate the nature of the act, then it is sexual assault.

Situations That Are Sexual Assault 

All of the following scenarios could arguably constitute sexual assault and lead to an arrest, even if you don’t think of them that way:

• Sex with a drunk person
• Sex with an unconscious person
• Sex with someone by trickery or deceit (e.g. wearing a mask or lying about who you are)
• Sex with a mentally disabled or cognitively impaired individual
• Sex with someone who is impaired by drugs or medications
• Sex with someone who initially consented but changed their mind

What is Evidence of Sexual Assault? 

Here is where a lot of people get confused. Many accused individuals think that “evidence” means semen, video, photographs, or witnesses. And while all of these things are indeed evidence, so is testimony. The law considers evidence to be anything that has a tendency to help a jury reach a conclusion. A victim’s own testimony is indeed evidence. A jury could hear the victim’s story and be compelled to believe it beyond a reasonable doubt, even in the absence of any of the other types of forensic evidence you would normally expect. Therefore, it’s extremely important to work with a criminal defense lawyer who can help to position your case for a dismissal rather than a trial, if at all possible.

How Lobo Law Can Help 

If you’ve been charged with sexual assault or a related crime in Las Vegas, an experienced criminal defense lawyer is here to help. At Lobo Law, we don’t just wait for the prosecutor to build a case against you. We often rely on our own private investigators to gather information and evidence of your innocence.

We aggressively review the government’s evidence and build a strong defense. Many times, this is enough to get the government to drop its case or reduce the charges to something more manageable and with less severe consequences. If your case has to go before a jury, you’ll have an aggressive defense lawyer on your side to argue your case. So call Lobo Law PLLC in Las Vegas today, and do not leave your case to chance.

Resource:

leg.state.nv.us/NRS/NRS-200.html

https://www.lvcriminallawfirm.com/california-moves-to-lift-all-time-limits-on-reporting-rape-cases/

Amidst the Bill Cosby case, California lawmakers have introduced State Senate Bill 813 that will allow prosecutors to move forward with charges despite when the alleged victim comes froward with the sexual assault allegation. Click here for more info. If this new law is passed in California, an alleged victim of a crime could come forward to report if the crime happened last week, a year ago, twenty years ago, or fifty years ago.

As it stands in California today, the State must prosecute adult sex cases within 10 years unless an exception applies. For cases involving minors, the allegations must be brought forth before the victim’s 40th birthday. If the bill becomes a law, allegations can be brought forth at any time by an alleged victim. California is following in the footsteps of Nevada from October 2015, when Nevada lawmakers increased the time limit allowed for victims to report from four years to twenty years.

If you are accused of a sex crime it is important that you have an attorney that is experienced in litigating and trying sexual assault allegations. Adrian Lobo dedicated four years of her practice to exclusively defending clients against sex crime allegations throughout Clark County. If you are accused of a sex crime in either California or Nevada, contact Las Vegas Sex Crime Attorney Adrian Lobo to discuss the specific facts of your case at 702-290-8998.