State v. Salazar

Summary

The Nevada Supreme Court held that Nevada has jurisdiction to prosecute an alleged second-degree murder caused by a controlled substance where the sale occurred in Indian country but the victim died in nontribal Nevada territory. The court concluded that the Major Crimes Act does not expressly preempt concurrent state jurisdiction over crimes occurring partially within Indian country and partially within state territory. The court reversed the district court's dismissal for lack of jurisdiction and remanded for further proceedings.

Holdings

1. A crime requiring a specific result is not complete until every element occurs. Because death is an essential element of second-degree murder caused by a controlled substance, the offense was completed when the victim died in nontribal Nevada territory and was therefore consummated within Nevada under NRS 171.015.
2. The Major Crimes Act does not expressly preempt concurrent state jurisdiction over an enumerated crime committed by a tribal member when the crime occurs partly in Indian country and partly in nontribal state territory.
3. Whether Salazar intended the drug sale to cause the victim's death does not affect Nevada's jurisdiction over the charged offense.

Questions Presented

1. Whether Nevada has jurisdiction under NRS 171.015 over a crime that began in Indian country and was completed when the victim died in nontribal Nevada territory.
2. Whether the federal Major Crimes Act, 18 U.S.C. § 1153(a), expressly preempts Nevada jurisdiction over an enumerated crime occurring partially in Indian country and partially in nontribal state territory.
3. Whether the defendant's lack of intent that the drug sale cause the victim's death affects Nevada's jurisdiction.

Disposition

reversed_and_remanded