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Does Nevada law allow those tried for incest to avoid a two-year prison sentence by promising to never commit incest again?

By Esther Tsvayg
NO

Per Nevada statute, any person convicted of a sexual offense that carries the possibility of probation is subject to a pre-sentence investigation, which includes a psychological evaluation. People convicted of incest are among those who can be made eligible for probation if their pre-sentence psychosexual evaluation certifies them as being at low risk of reoffending. However, this requires more than just a self-assertion that they won't repeat their offense. The evaluation must include a comprehensive interview with the offender, a review of their offense and any other past offenses, interviews with their family, and "the use of psychological testing, polygraphic examinations and arousal assessment."

The penalties for someone convicted of incest in Nevada, a category A felony, can range anywhere from a minimum two-year sentence to a life sentence.

This fact brief is responsive to conversations such as this one.
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