Slobodian v. State

OPINION

By the Court,

Mowbray, J.:

Appellant challenges his conviction for statutory sexual seduction, claiming that the jury was improperly instructed that statutory sexual seduction is a necessarily included offense of sexual assault. We agree and reverse.

THE FACTS

Appellant was tried on a two-count information. The first count charged kidnapping (NRS 200.310), and the second count charged sexual assault (NRS 200.366). The information did not charge appellant with statutory sexual seduction (NRS 200.364(3)), and the prosecutor told appellant before trial that he would not seek a conviction for…