Decision on prosecution pending for Orange County man accused of trying to lure Nevada County girl for sex |

Decision on prosecution pending for Orange County man accused of trying to lure Nevada County girl for sex

Jurisdictional issues will need to be ironed out in the prosecution of an Orange County man arrested last week when he thought he was picking up a 15-year-old girl from Nevada County.

James Dewayne Nivette, 50, was arrested at John Wayne Airport after detectives found probable cause to believe he was attempting to meet a minor with the intent of committing a sexual offense, Nevada County Assistant District Attorney Chris Walsh said.

Nivette was booked into jail in Orange County and has since made his $100,000 bond, records state. He faces felony charges of sending sexual content via an electronic communication to a minor, communicating with a minor with the intent of committing a sexual offense and going to an arranged meeting place at an arranged time to meet with a minor for the purpose of committing a sexual act. He also faces a misdemeanor charge of arranging a meeting with a minor for the purpose of committing a sexual act, as well as enhancements of being over 10 years older than the girl, when she is 15 years old or younger, reports state.

But what happens next is in limbo for now.

Once he was booked, a 48-hour clock began ticking in which charges either needed to be filed or Nivette would have to be released. But because he posted bond, authorities now have 30 days to file a criminal complaint, Walsh said.

Either Nevada County or Orange County could opt to prosecute, but Walsh said he believes Nevada County will take the case. He anticipates making that decision within two weeks, he added.

“We will work with Orange County to get a letter of permission, for Orange County to cede jurisdiction,” Walsh said.

According to Walsh, a search warrant for Nivette’s phone was executed Wednesday, and is part of the continuing investigation.

Nivette reportedly had tried to contact the girl via her Instagram page. But her mother, who manages her daughter’s Instagram account, said she became suspicious of him. After the mother kept the conversation going, posing as her daughter, Nivette began sending inappropriate photos and messages, she said. Grass Valley police said a detective posed as the girl as well.

After the mother told Nivette she lived in Sacramento, she said he offered to send her a plane ticket. She said she couldn’t believe it when Nivette followed through.

On Wednesday night, in place of the 15 year old, Grass Valley Police detectives and an investigator from the Nevada County District Attorney’s Office traveled to the airport in Orange County. When Nivette arrived to pick up the victim, they took him into custody with the assistance of the Orange County Sheriff’s Department.

To contact Staff Writer Liz Kellar, email or call 530-477-4236.

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