Fallon Man Charged with Child Exploitation and Assault

Brandon Michael Wilcox, 39, was arrested on multiple felony charges related to the sexual assault of a child under the age of 16. The Churchill County District Attorney's Office filed a criminal complaint on Aug. 12 in New River Township Justice Court in Churchill County. A warrant was issued the same day with a bond set at $470,000, after which Wilcox was arrested. 

According to the complaint, Wilcox has been charged with the following four counts:

Count I: Sexual Assault on a Child Under 16, a Category A Felony punishable by life in prison with or without the possibility of parole after 25 years, depending on the circumstances. Specifically, the charges allege that on or about Nov. 23, 2023, Wilcox forced an unnamed minor child who was 15 years old at the time to engage in sexual acts against her will under conditions in which Wilcox knew or should have known that she was mentally or physically incapable of resisting or understanding the nature of his or her conduct. 

Count II: Lewdness with a Child Under 16, a Category B Felony punishable by 1-10 years and a fine of up to $10,000. The complaint alleges that on Nov. 23, 2024, Wilcox did willfully and unlawfully commit a lewd or lascivious act, other than acts constituting the crime of sexual assault, upon a child under the age of 16.

Count III: Sexual Assault, a Category A Felony, punishable by life in prison, with or without the possibility of parole after 10 years, again based on the circumstances. This charge covers sexual assault when the victim is 16 years or older (but still without consent, or where the defendant knew the victim couldn't resist or understand). The allegations state that on or about Mar. 16, 2024, Wilcox sexually assaulted a 16-year-old child. As noted in Count II, it is alleged that Wilcox knew or should have known that the victim was mentally or physically incapable of resisting or understanding the nature of his or her conduct. 

Count IV: Possession of Visual Pornography of a Person Under 16 Years of Age, a Category B Felony punishable by 1- 6 years in prison and a fine up to $5,000 for a first offense. The complaint alleges that between Nov. 23, 2023, and Dec. 25, 2023, Wilcox possessed photos of the same victim as identified in the first three counts, who was under age 16 at the time. 

In Nevada, the age of consent is 16. That means anyone younger than 16 is considered legally incapable of consenting to sex, no matter what they say or do. Even if a child is 15 and says they agreed, the law treats them as unable to give consent. Once someone turns 16 or older, they can legally consent, but the law still prohibits sex that is forced, coerced, or where the person cannot understand or resist – that is where the general sexual assault statute applies.

Wilcox appeared via Zoom from the jail for his initial arraignment on Aug. 14, at which time Judge Trotter appointed Public Defender Sommer to represent him. Wilcox is scheduled to appear for a status hearing on October 16 Justice Court.