State v. Paez

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The Supreme Court reversed the judgment of the district court convicting Defendant of enticement by electronic communication, in violation of Neb. Rev. Stat. 28-833, and allowed the parties' stipulation to remand because the district court failed to instruct the jury in a manner that required it to consider whether Defendant knew that the recipient was under sixteen years of age.Although the parties stipulated to remand in this case, the Supreme Court addressed the stipulation in an opinion because it had not previously considered the precise issue. The Supreme Court allowed the stipulation, reversed the district court's judgment, and remanded the cause for a new trial, holding (1) where the prosecution under section 28-833 involves a minor child rather than a decoy, a defendant's knowledge that the recipient is under age sixteen is a material element of the crime of enticement by electronic communication device; and (2) the court erred in instructing the jury on the material elements of enticement by electronic communication device, and the error was prejudicial. View "State v. Paez" on Justia Law