September 8, 2008

NV- State Supreme Court won’t rule on teen sex offender law

See facts of case in earlier article:

9-8-2008 Nevada:

CARSON CITY -- The Nevada Supreme Court has declined to rule on the constitutionality of a new law stating that teenage sex offenders can be punished as adults.

The court dismissed the appeal of Clark County in 21 cases that these youth, who were 14 years old and older and had committed sexual acts, had to register as sex offenders.

District Judge William Voy of the Clark County Family Court ruled that a part of a new law involving sexual offenses by teenagers was invalid. He said setting the age at 14 was arbitrary. There should be a basis for setting that age, he said.

In his decision, Voy said some youngsters who are younger than 14 are just as disposed to committing another sex crime and the law takes away the discretion of the courts.

In dismissing the appeal, the Supreme Court said the decision of Judge Voy is not a final judgment in the cases of these 21 juveniles. “We lack jurisdiction to consider these appeals,” said the three-justice panel of the Supreme Court.

The 2007 Legislature patterned the law after the federal Adam Walsh Act that included many teenage sex offenders age 14 and older with adults in requirements for sex offender registration and community notification.

The federal act said the states must enact similar laws or lose federal funds. ..News Source.. by Cy Ryan

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