Legal Opinion

Sanders v. State

Nevada Supreme Court

Decided April 28, 2003No. 39702Published

1Opinion of the Court

OPINION

Per Curiam.:

In this appeal, we consider the constitutionality of NRS 201.051, which provides an affirmative defense to felony nonsupport. We hold that this statute is not vague, and thus, is constitutional.

We next consider whether NRS 201.020, the felony nonsupport statute, is ambiguous. We hold that the plain language of the statute *137is clear, and that arrearages reduced to judgment by a support order should be included in calculating arrearages under NRS 201.020.

We finally consider whether incarceration may be asserted as an affirmative defense to felony nonsupport pursuant to NRS…

2Cases cited13 opinions

  1. People v. IllardoNew York Court of Appeals · 1979
  2. Jackson v. StateNevada Supreme Court · 2001
  3. Domingues v. StateNevada Supreme Court · 1996
  4. People v. Capitol News, Inc.Illinois Supreme Court · 1990
  5. State v. RichmondWashington Supreme Court · 1984

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