Joseph Richard Morton, who is currently in custody at the Churchill County Jail, pled guilty to several counts of sexual assault in District Court on Tuesday, February 23. Morton, according to plea negotiations entered into with the State, pled guilty to the following:
One count of Statutory Sexual Seduction by a Person Age 21 or older, a Category B Felony that carries 1-10 years in prison.
One count of Luring a Child or Mentally Ill Person to Engage in Sexual Conduct, also a Category B Felony that carries 1-10 years in prison.
One count of Lewdness with a Child under Age 14, a Category A Felony, punishable by life in prison with the possibility of parole after 10 years.
One count of Child Abuse or Neglect (a first offense), a felony that carries 1-6 years in prison.
In Nevada, sexual assault of a child technically qualifies as two separate crimes: (1) child abuse and (2) sexual assault. However, “double jeopardy” protects defendants from being convicted of a similar offense for the same behavior. Defendants accused of sexually assaulting a minor can either be convicted of child abuse or sexual assault, but not both. In Morton’s case, count four also includes the sexual assault of a minor but occurred on a different day than count two.
According to Nevada statute, if a psycho-sexual evaluation determines that Morton is not at high risk to re-offend, he could potentially receive probation on one or all of the charges. He will also have to register as a sex offender and submit to lifetime supervision.
In court, Morton stated that he used Facebook Messenger to communicate with the victim with the intent of persuading her to engage in sexual conduct. When addressed by Judge Stockard, Morton admitted that he knew how old she was. He further admitted to having sexual intercourse with the victim and inappropriately touching her to arouse sexual desire.
Jacob Sommer, Public Defender for Morton, informed Judge Stockard that the plea agreement reduced both the number of charges against his client as well as prohibited more serious charges from being filed or pursued. The initial charges against Morton included: Statutory Sexual Seduction, commonly referred to as statutory rape (six counts), Luring or Attempting to Lure a Child to Engage in Sexual Conduct (one count), Lewdness with a Child under Age 14 (four counts), and Child Abuse or Neglect (four counts).
Sommer cited his client’s ties to the community and requested that Morton be released on his own recognizance (OR). Assistant District Attorney Jeff Weed opposed the request stating several factors, including Morton’s intent and premeditation of the acts committed, the seriousness of the charges, the fact that the victim was also intellectually delayed, and the potential threat to the community. Judge Stockard denied the OR request, and set sentencing for May 11.
Comment
Comments