2022 Nevada Revised Statutes
Chapter 412 - State Militia
NRS 412.5485 - Sexual assault.

1. Any person subject to this Code who engages in or attempts to engage in intentional sexual contact with another person and such sexual contact is characterized by the use of force, threats, intimidation or abuse of authority or occurs when the victim does not or cannot consent is guilty of sexual assault and shall be punished by way of nonjudicial punishment or as a court-martial may direct.

2. Neither consent nor mistake of fact as to consent is an affirmative defense in a prosecution for sexual assault.

3. In a prosecution under this section, in proving that the accused made a threat, it need not be proven that the accused actually intended to carry out the threat.

4. As used in this section:

(a) "Consent" means an agreement to sexual contact that is freely given by a competent person. For the purposes of this section:

(1) There is no consent if a person expresses a lack of consent through words or conduct.

(2) The following circumstances do not constitute consent:

(I) A lack of verbal or physical resistance by a person;

(II) The submission of a person to sexual contact as a result of the use of force or threat of the use of force or the placing of the person in fear;

(III) The fact alone that a person is currently or was previously in a dating, social or sexual relationship with the person engaging or attempting to engage in sexual contact in violation of subsection 1; or

(IV) The manner of dress of a person.

(3) A person cannot provide consent:

(I) If the person is sleeping, unconscious or incompetent;

(II) To being subjected to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious; or

(III) While under threat or in fear.

(4) All of the surrounding circumstances must be considered in determining whether a person provided consent.

(b) "Sexual contact" means touching or causing another person to touch, with any part of the body or with an object and either directly or through the clothing, the vulva, penis, scrotum, anus, groin, breast, inner thigh or buttocks of another person with an intent to abuse, humiliate, harass or degrade any person or to arouse or gratify the sexual desire of any person.

(Added to NRS by 2013, 1105; A 2021, 465)