Document Type

Case Summary

Publication Date

2-13-2023

Case Synopsis

The Supreme Court of Nevada addressed the exception to the category A felony designation for lewdness with a child under NRS 201.230, and considered whether the juvenile court abused its discretion in certifying the appellant to stand trial as an adult. B.J. appealed the juvenile court decision to not accept jurisdiction and to certify B.J. as an adult for criminal proceedings. The Court found that the Legislature did not create a mandatory rule in NRS 201.230(5) requiring that all minors charged with lewdness with a child be adjudicated only in juvenile court. The Court also concluded that the juvenile court has jurisdiction over B.J. under 201.230(1), but under NRS 62B.390(1)(a), the juvenile court had discretion to certify B.J. for criminal proceedings as an adult because he was charged with offenses that would have been a felony had he been an adult. The Court affirmed the juvenile court’s decision.

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