By the Court, HARDESTY, J.:
In this appeal, we analyze the relationship between two statutory provisions, enacted in 2009, that govern the extent of the juvenile court's jurisdiction: NRS 62B.330(3)(e)(1) and NRS 62B.335. Both provisions address a person who has been charged with committing an offense when the person was between 16 and 18 years of age that would be a category A or B felony if committed by an adult. In those circumstances, NRS 62B.330(3)(e)(1) provides that the act is not a "delinquent act" and divests the juvenile court of jurisdiction if the person is identified and charged between the ages of 20 years, 3 months and 21 years. Pursuant to NRS 62B.335, if a person charged with a delinquent act that would have been a category A or B felony if committed by an adult is identified before reaching 21 years of age but is not apprehended until after reaching 21 years of age, then the juvenile court retains jurisdiction to conduct a hearing. The purpose of the hearing authorized under NRS 62B.335 is to determine whether to dismiss the charges or transfer the case to district court for criminal proceedings. NRS 62B.335(3), (4).
Reading the statutes together, we conclude that NRS 62B.335 only applies to delinquent acts and therefore does not apply to acts that are "deemed not to be a delinquent act" under NRS 62B.330(3). Thus, if the case is excluded from the juvenile court's jurisdiction under NRS 62B.330(3), then the juvenile court does not obtain jurisdiction by virtue of NRS 62B.335. Here, the juvenile court lacked jurisdiction under NRS 62B.330(3)(e)(1). We nonetheless affirm because the juvenile court reached the correct result by transferring the case to the district court for adult criminal proceedings.
In January 2007, when appellant George J. was 17 years of age, he allegedly committed the following acts: (l) home invasion, (2) burglary, (3) grand larceny, (4) grand larceny of an automobile, and (5) burglary of an automobile. Each of these acts could be a category A or B felony if committed by an adult.
In the proceedings before the juvenile court, the State and George disputed the applicability of newly enacted NRS 62B.330(3)(e)(1) and NRS 62B.335(1). George argued that while NRS 62B.335 was better-suited to the facts of his case, it did not apply because it was not in effect at the time that he allegedly committed the offenses. He further argued that NRS 62B.335 could not apply retroactively and that retroactive application of that statute would constitute an ex post facto violation. Conversely, the State argued that NRS 62B.330 governed this case and thereby divested the juvenile court of jurisdiction. The juvenile court determined that NRS 62B.335 applied to George's case. It further concluded that there was probable cause to believe that George committed the alleged offenses, and it transferred George's case to the justice court for criminal proceedings. George appeals.
This appeal presents a single issue for our review the resolution of the apparent contradiction between NRS 62B.330 and NRS 62B.335 governing the jurisdiction of the juvenile court.
"The construction of a statute is a question of law that this court reviews do novo.'"
While NRS 62B.330(1) grants a juvenile court exclusive original jurisdiction over a child "who is alleged or adjudicated to have committed a delinquent act," NRS 62B.330(3) limits the definition of "delinquent act" by listing acts that are not considered to be "delinquent" and are therefore not within the juvenile court's exclusive jurisdiction. Such nondelinquent acts over which the juvenile court has no jurisdiction, even when committed by a child, include murder, attempted murder, sexual assault, and attempted sexual assault. NRS 62B.330(3)(a)-(b). Significantly, when amended in 2009, NRS 62B.330 further excluded from the juvenile court's jurisdiction the following nondelinquent acts:
NRS 62B.330(3)(e)(1) (emphasis added). Thus, a person who commits a category A or B felony and related offenses when the person was between 16 and 18 years of age but who is not identified and charged before 20 years, 3 months of age would be excluded from the juvenile court's jurisdiction because those acts would not be deemed to be delinquent acts.
The juvenile court's jurisdiction over a person charged with certain delinquent acts that would be a category A or B felony and occurred when the person was between the ages of 16 and 18 years of age is also addressed in NRS 62B.335. That statute gives the juvenile court jurisdiction to conduct a hearing to determine whether to dismiss charges or transfer a case to district court for criminal proceedings where a person has been charged with such offenses and was identified by law enforcement before reaching 21 years of age but was not apprehended until after 21 years of age. NRS 62B.335(1)-(4). But the statute applies only to a
NRS 62B.335(1) (emphases added). By its terms, NRS 62B.335(1) only applies to delinquent acts. This terminology is consistent with NRS 62B.330, which provides that the juvenile court has jurisdiction over a child who commits a delinquent act and defines certain acts that are not delinquent acts and therefore are not within the juvenile court's jurisdiction. NRS 62B.335 therefore can never apply to acts that NRS 62B.330(3) "deem[s] not to be a delinquent act" because those acts are not within the juvenile court's jurisdiction. Otherwise, NRS 62B.335 would circumvent NRS 62B.330(3) and grant a juvenile court jurisdiction to transfer or dismiss other acts that are deemed not to be delinquent acts under NRS 62B.330(3), such as murder or sexual assault, provided that the requirements set forth in NRS 62B.335(1) are met. Reading NRS 62B.335 in this way would create an absurd result, which this court seeks to avoid.
We now consider whether NRS 62B.330(3)(e)(1) applies to George's case. George allegedly committed the delinquent acts when he was 17 years of age, the delinquent acts would have been category A or B felonies if committed by an adult, and George was identified and charged when he was between the ages of 20 years, 3 months and 21 years. Under these circumstances, the charged acts are not delinquent acts and are therefore not within the juvenile court's jurisdiction. NRS 62B.330(3)(e)(1). Accordingly, the juvenile court erred when it determined that NRS 62B.335 granted it jurisdiction in this case. However, because the juvenile court ultimately reached the correct result by transferring the case to the district court, we affirm.
Cherry, C.J. and Pickerin, J. We concur.