Making Two Wrongs into a Right
The Nevada Legislature, in its infinite wisdom, has taken up the noble task of turning the aged adage “two wrongs don’t make a right” and turning it inside out and backward.
Assembly Bill 209, now before the Committee on Judiciary, proposes to extend a legal olive branch—nay, a full-blown pardon—to those who commit certain crimes whilst engaged in the world’s oldest profession. The reasoning, as put forth by the bill’s presenters, is that sex workers, being at higher risk of exploitation and violence, are disinclined to report such injustices for fear of finding themselves in an equally unenviable position—under arrest.
The bill proposes a novel approach: grant immunity from the consequences of lesser infractions—prostitution, loitering, trespassing, and low-level drug offenses—so long as the offender is also a victim or witness to human trafficking or some other weightier misdeed. The person must, of course, be seeking assistance from law enforcement or other professional services, a stipulation that assumes a level of trust between the accused and the accuser which, given history, is as sturdy as a sandcastle in a Nevada windstorm.
Thus, we arrive at the legislative cartwheel before us: commit Crime A, witness Crime B, and—presto!—Crime A disappears. It is a curious method of lawmaking, akin to declaring that a man caught filching a chicken should get off the hook if he happens to have seen a bank robbery on his way home.
Whether this dazzling display of legal gymnastics will achieve its intended goal—making Nevada safer—is a matter left to time and the inevitable judicial head-scratching that will follow.