Attempted lewdness charge results in prison term
A man who has been in custody for more than two years and underwent multiple competency evaluations received a 2-5-year prison sentence on Tuesday.
Jayson Kagan, 22, admitted a charge of attempted lewdness with a child and attempted battery by a prisoner in June.
“I wanted to say I’m sorry, and I regret it,” Kagan said of the incident involving a 5-year-old girl.
Attorney Jamie Henry said Kagan’s ability to understand the proceedings was severely limited.
“He has the mental age of 8-12 years old and his treatment has been ongoing since he was an infant,” Henry said. “He’s going to require group home treatment, constant psychiatric medication and care. When he has his medication he actually does really well. He can function where there’s structure.”
Henry said attorneys called every treatment facility in the U.S. to see if they would take him, but none were willing given the charges he’s facing and that he’s in custody.
Kagan’s mother is in California, where he’ll go when he is released from prison.
“California has so many more long-term treatment options than Nevada where he can stay the rest of his life,” she said.
Prosecutor Erik Levin said there are limited options in sentencing Kagan, and the state has an obligation to the victims in the case.
District Judge Tod Young said Kagan’s limited intellectual capacity determined his decision to give him simultaneous sentences. Kagan received 12-30 months for the attempted battery.
“It’s clear he has intellectual deficiencies, but something needs to be said to the victim of this offense,” Young said. “She was just a little bitty girl. None of this is her fault. She only did the right thing by telling her mother.”
Kagan was given credit for 894 days he has spent in custody. He will be subject to lifetime supervision as a sex offender.