Court upholds sentence for youth sexual molestation | NevadaAppeal.com

Court upholds sentence for youth sexual molestation

Nevada Appeal staff report

A federal appeals court has ruled a prison sentence of 10 years to life is valid for a woman who, during an offense that lasted 25 minutes, sexually molested a 13-year old boy in Elko County.

The U.S. Ninth Circuit Court of Appeals rejected the argument of Michelle Taylor who claimed the sentence violated the constitutional amendment against cruel and unusual punishment.

“Although Taylor’s sentence is no doubt severe, it is not ‘grossly disproportionate’ to the offense of lewdness with a child under 14 years of age,” said the court’s three-judge panel.

The decision said the offense in Jackpot in 2010 lasted about 25 minutes. Taylor straddled and kissed the boy, attempted to take off his clothes and forced him to touch her breasts,

“Given the potential for long lasting emotional and psychological harm, the Nevada Legislature had a reasonable basis for believing that such severe sentences would help minor children from sexual offenses,” said the court Monday.

The court noted Taylor has a chance for parole and said the sentence doesn’t violate the Eighth Amendment of the Constitution.