Jeff Garrett

Document Type

Case Summary

Publication Date

Winter 1-2020

Case Synopsis

NRS § 209.4465 does not allow for good time served to be credited for those who commit child lewdness. The Court held that in order for a violation to be a continuous crime, the statute must be explicitly label the crime as continuous. Here, Respondent’s time served had been properly calculated by the district court because Respondent’s violation was codified as a one-time offense and occurred before the 2007 amendment to NRS § 209.4465. The language of the violated statutes define attempted lewdness with a child to be a one-time offense and not a continuous offense. Furthermore, the State’s assertion that the crime occurred between 2006-2013 is meritless because by definition an attempted crime is not a continuous crime. Thus, the 2007 amended version of NRS § 209.4465 that does not allow for good time served to be credited for those who commit child lewdness, is not applicable.

Download

Share

COinS