Austin v. State

OPINION

By the Court, Hardesty, J. :

In this appeal, we consider the qualifications required by NRS 176A.110 for the professional that conducts a psychosexual evaluation and renders the certification needed for probation of a defendant who is found guilty of felony statutory sexual seduction. The Legislature has prescribed a category of offenses that require evaluations and certifications to be provided by psychiatrists or psychologists for a defendant to be considered for probation. However, NRS 176A.110(1)(a) and NRS 176.139 make clear that for a defendant convicted of felony statutory sexual…