Repeated indecent exposures

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Reference no: EM133856583

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201.220(1)(b). NRS 201.220(1)(b) provides for a sentence of not less than one year nor more than six years for repeated indecent exposures. "It is worthy to note in this regard that the legislature, within constitutional limits, is empowered to define crimes and determine punishments, and the courts are not to encroach upon that domain lightly. Further, there is a general presumption favoring the validity of statutes, which dictates a recognition of their constitutionality unless a violation of constitutional principles is clearly apparent. Thus, it is frequently stated that a sentence of imprisonment which is within the limits of a valid statute, regardless of its severity, is normally not considered cruel and unusual punishment in the constitutional sense." Schmidt v. State, 94 Nev. 665, 668, 584 P.2d 695, 697 (1978). This decision was held in DePasqualev. State, and the facts of which are very similar to Carter's case.The conviction and sentencing are identical in DePasquale and Carter's case. Based on the precedent outlined in DePasquale, Carter's sentencing is not disproportionate and, therefore, not cruel and unusual.

Reference no: EM133856583

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