Las Vegas Review-Journal

Justices overturn kidnapping part of ex-teacher’s conviction

- By David Ferrara Las Vegas Review-journal

The Nevada Supreme Court this week threw out a kidnapping conviction against a former Clark County teacher behind bars for a sexual relationsh­ip with a student.

Defense attorneys for Jason Lofthouse, now 37, had argued that prosecutor­s overreache­d when they charged Lofthouse with kidnapping, because his 2015 relationsh­ip with a 17-year-old student was consensual.

In a unanimous 13-page decision from seven justices, the high court agreed.

“We conclude that the statutory language is not aimed broadly at any crime that merely involves a minor,” Justice Lidia Stiglich wrote. “Interpreti­ng the language in (the kidnapping statute) to include any crime involving a minor would expand an already broad kidnapping statute beyond what is reasonable, leading to absurd results.”

Lofthouse, a former Rancho High School teacher, also was found guilty by a jury in early 2016 of 10 counts of sexual conduct with a student and sentenced to a maximum of 19 years in prison, the majority of that term being tied to his kidnapping conviction.

Deputy Public Defender William Waters, who argued the case on appeal in late 2018, called the high court’s Thursday decision “phenomenal,” adding that Lofthouse had been willing to take responsibi­lity for his relationsh­ip with the teen.

The Supreme Court wrote that the sexual conduct law, amended in 2017, is aimed at the status of the teacher and “makes no exception for consensual sexual conduct, even though the student otherwise has the legal capacity to consent.”

One of Lofthouse’s former attorneys, Robert Draskovich, said Thursday’s order “signals the Supreme Court curbing the prosecutor­ial overreach that’s been occurring with the kidnapping statute.”

Waters had argued that Lofthouse, now housed at High Desert State Prison in Indian Springs, could not have committed kidnapping as a matter of law because the underlying crime was not against the teen herself, which the decision recognized. The decision means Lofthouse could soon be eligible for parole, Waters said.

In Nevada, the age of consent is

16, but state law makes an exception for school employees and volunteers and prohibits them from having sexual contact with pupils.

“Because the statute is indifferen­t regarding the student’s actual consent or the offender’s actual exploitati­on of the student, we conclude that it is the offender’s status that is the gravamen of the offense outlined” in the sexual conduct law, the high court decision states. Because the charge “is predominan­tly concerned with the appearance of impropriet­y rather than actual impropriet­y, we conclude its focus is on decency and morals rather than harm to a particular individual.”

The ruling could stretch into other cases, though the overall impact “rests in prosecutor­ial discretion,” Draskovich said.

Contact David Ferrara at dferrara@reviewjour­nal.com or 702-380-1039. Follow @randompoke­r on Twitter.

 ??  ?? Jason Lofthouse
Jason Lofthouse

Newspapers in English

Newspapers from United States