Lucas v. Sheriff

Gunderson, J., with whom Batjer, J., agrees,

dissenting:

We respectfully dissent.

With exceptions not pertinent here, NRS 201.190 declared that, “every person of full age who commits the infamous crime against nature shall be punished by imprisonment in the state prison ...” Thus, although the statute only imposed punishment on persons of “full age,” it-quite clearly recognized that persons under full age may perform “the infamous crime against nature.” The statute simply excepted minors from punishment — implicitly recognizing that the law should not deem criminal intent possible, in the case…