New law credited for arrests of CCSD staffers on sexual misconduct charges
LAS VEGAS (KLAS) – Two Clark County School District staffers were arrested on sexual misconduct charges earlier this week.
Joshua Herrera, 28, of Western High School is accused of performing a sex act on a student.
According to court records, investigators discovered about a thousand text messages with a student, as he allegedly tried to lure her into a romantic relationship.
Then there is Devyn Hudson, 27, a janitor at Canyon Springs High School, who exchanged messages with a 15-year-old girl over Instagram. North Las Vegas Police said he then sexually assaulted her at the school.
Both men were arrested on Monday, largely thanks to Senate Bill 38, which was signed into law last year.
“As adults in a position of authority, we have an obligation to protect our future,” Det. Matthew Caldwell of CCSDPD said to lawmakers on Mar. 2, 2023. “Every child has the right to a safe education environment free from staff members misusing their trust for the purpose of sexual exploitation.”
Caldwell was testifying in support of the new law.
“Our intent is not to target teachers or to say teachers or staff members are bad people. We are just trying to prevent things from taking place and that’s really it,” Caldwell told lawmakers on May 12, 2023, when the bill was in the assembly.
It went into effect in October of last year. One thing it does is criminalize luring in a school setting for anyone under the age of 18. Before it was 15 years old and younger.
“I would absolutely argue the teacher-student dynamic is different. The power and Influence that teachers have over students should be sacrosanct,” Chief Deputy John Jones of the Clark County District Attorney’s office said. “In other words, you should not be using their power and influence to encourage or groom an individual into engaging in illegal conduct.”
He testified in March and May alongside Det. Caldwell in support of the new law.
The statute expands the definition of who is considered in a ‘position of authority’ at a school.
For instance, before the law’s passing, a volunteer, aide, janitor, or coach who had sex with a 16-year-old student and sent explicit texts, could’ve possibly avoided prosecution. However, that is currently not the case.
The law clarifies the relationship between a student and staffer, adding the same level of punishment to school staffers when it comes to sexual misconduct, treating it as a teacher-student relationship.
If convicted under the law, which is considered a felony, a person could face one to five years in prison or probation.
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