State v. Plunkett

The Supreme Court reversed the order of the district court granting Respondent’s motion to dismiss the indictment charging him with violating Nev. Rev. Stat. 212.165(4), holding that that a person who is not a prisoner can be held vicariously liable under section 212.165(4), which prohibits prisoners in jail from possessing a cellphone or other portable telecommunications device.Respondent was an attorney who represented a number of clients in jail. Respondent was indicted on several charges brought pursuant to section 212.165(4) for possession of a cellphone by a prisoner under an aider and abettor theory. Respondent moved to dismiss the charges against her, contending that she could not be charged with or convicted of violating the statute because it only criminalizes conduct by jail prisoners. The district court granted the motion, concluding that only a prisoner can be sentenced under section 212.165(4). The Supreme Court reversed, holding that a person can be criminally liable as an aider or abettor under section 212.165(4). View "State v. Plunkett" on Justia Law