Supreme Court clarifies Internet predator law

CARSON CITY — A Supreme Court panel ruled Thursday an adult can be convicted of attempting to lure a child under Nevada law even when the “child” actually is an undercover police officer posing on the Internet as a minor.

The ruling differs from a case overturned by the Supreme Court last year. That one involved a conviction for luring a child under 16, as opposed to “attempting” to lure a child.

In the 2006 case, a Washoe County man’s conviction was thrown out because the “child” he thought he was conversing with on the Internet was a 41-year-old female detective.

The 2007 Legislature passed, and the governor signed, a bill closing a loophole so adults can act as children in such Internet sex predator stings.

The latest ruling involves Jeffrey Johnson, a Clark County resident who corresponded through the Internet with undercover law enforcement officers representing themselves to Johnson as 14-year-old girls.

He pleaded guilty to one count of attempting to lure a child and did not file a direct appeal. He later filed a post-conviction appeal, claiming his attorney was ineffective for failing to bring up the fact that because he had not communicated with any actual children, he could not be convicted of the crime.

But the Supreme Court rejected Johnson’s appeal, agreeing with the Clark County District Court that the Nevada law on attempted luring does not require an actual child victim.

“Conviction for violation of the attempt provision is proper as long as the defendant intended to communicate with a child,” the court said.