‘Annoying a minor’ law struck down

Tuesday, March 8, 2005 | 9:45 a.m.

CARSON CITY -- The Nevada Supreme Court on Monday struck down a state law that made it a crime to annoy or molest a minor. The law is unconstitutional because it is too vague, the state's high court ruled.

The court said the word "annoy" means to disturb or irritate and "molest" is a synonym for the term "annoy."

The decision quotes from a ruling by the U.S. Supreme Court that said, "Conduct that annoys some people does not annoy others." The U.S. Supreme Court said a person shouldn't have to guess at the meaning in a law.

A 1995 Nevada law had the words "annoy" and "molest" in a sexual prohibition law, and the Nevada Supreme Court declared that unconstitutional for similar reasons as those cited in Monday's decision.

The 2001 Legislature had changed the law slightly, to say that "unless a greater penalty is provided by specific statute, a person who annoys or molests or attempts to annoy or molest a minor, including without limitation, soliciting a minor to engage in unlawful sexual conduct," is guilty of a misdemeanor on the first offense.

archive