Martinez v. State of Nevada, 140 Nev. Adv. Op. 1 (Nov. 7, 2024)

The Nevada Supreme Court upheld Jesus Alberto Martinez, Jr.’s conviction for attempted child abuse involving sexual exploitation and solicitation of a minor for prostitution. Martinez made many arguments against his conviction, contending that the operation was an outrageous government act, violated due process, and that the jury received incorrect instructions on entrapment. In this case, the court clarified the entrapment defense and applied a factor test to evaluate outrageous government conduct. The court ultimately found that the jury instruction error was harmless and that Martinez’s intent was prevalent and at the forefront of his conviction, despite the absence of an actual child in the operation.