Senate Bill 388 eliminates the “infamous crimes against nature” law. It passed out of both houses and now heads to the desk of Governor Brian Sandoval

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Nevada’s outdated “infamous crimes against nature” statute discriminates against same sex couples and violates their rights to equal protection under the law.

Under current Nevada law, the age of consent is different for same sex and opposite sex couples. While the age of consent for opposite sex couples is 16, same sex couples effectively cannot consent to sex, or even communicate about sex, until age 18, due to the “infamous crimes  against nature” statute. Same sex couples can also be criminalized for their behavior, because this statute is law, Nevadans are being charged with this alleged crime.

 

The American Civil Liberties Union (ACLU) of Nevada has sued the state Nevada for prosecuting a gay teen who had consensual sex with his partner.

 

SB388 does not eliminate ANY of the crimes currently on our books that protect children because other statutes protect against sexual contact between adults and children. Not only is the “infamous crimes” statute outdated and discriminatory, but also it has no real legal necessity, given that there are already crimes on the books under which individuals can be charged.