Assembly Bill No. 282–Assemblymen Lee, Gibbons, Segerblom, Mortenson, Neighbors, Thomas, Koivisto, McClain, Goldwater, Perkins, Cegavske and Collins
February 18, 1999
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Referred to Committee on Judiciary
SUMMARY—Revises provisions governing unlawful exhibition or distribution of material that is harmful to minors. (BDR 15-1475)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 201.261 is hereby amended to read as follows: 201.261 "Nudity" means1-3
1. The showing of the human female breast with less than a fully1-4
opaque covering of any portion thereof below the top of the nipple;1-5
2. The showing of the human male or female genitals or pubic area1-6
with less than a fully opaque covering of any portion thereof; or1-7
3. The depiction of1-8
turgid state1-9
Sec. 2. NRS 201.265 is hereby amended to read as follows: 201.2651-11
statute and except as otherwise provided in NRS1-12
a person is guilty of a misdemeanor if the person knowingly:1-13
1. Distributes or causes to be distributed to a minor material that is1-14
harmful to minors, unless the person is the parent, guardian or spouse of1-15
the minor.2-1
2. Exhibits for distribution to an adult in such a manner or location as2-2
to allow a minor to view or to have access to examine material that is2-3
harmful to minors, unless the person is the parent, guardian or spouse of2-4
the minor.2-5
3. Sells to a minor an admission ticket or pass for or otherwise admits2-6
a minor for monetary consideration to any presentation of material that is2-7
harmful to minors, unless the minor is accompanied by his parent,2-8
guardian or spouse.2-9
4. Misrepresents that he is the parent, guardian or spouse of a minor2-10
for the purpose of:2-11
(a) Distributing to the minor material that is harmful to minors; or2-12
(b) Obtaining admission of the minor to any presentation of material2-13
that is harmful to minors.2-14
5. Misrepresents his age as 18 or over for the purpose of obtaining:2-15
(a) Material that is harmful to minors; or2-16
(b) Admission to any presentation of material that is harmful to minors.2-17
6. Sells or rents motion pictures which contain material that is harmful2-18
to minors on the premises of a business establishment open to minors,2-19
unless the person creates an area within the establishment for the2-20
placement of the motion pictures and any material that advertises the sale2-21
or rental of the motion pictures which:2-22
(a) Prevents minors from observing the motion pictures or any material2-23
that advertises the sale or rental of the motion pictures; and2-24
(b) Is labeled, in a prominent and conspicuous location, "Adults Only."2-25
7. Exhibits, sells or offers to sell in a vending machine located in a2-26
public place material that is harmful to minors, unless:2-27
(a) Minors are excluded from the public place where the vending2-28
machine is located;2-29
(b) The vending machine is supervised by a person who is 18 years of2-30
age or older;2-31
(c) The owner, lessee or operator of the vending machine has2-32
established a procedure that requires a person who wants to obtain2-33
material from the vending machine to use a token which is designed to be2-34
used only in such vending machines and which may be obtained only2-35
after the owner, lessee or operator, or his agent or employee, has taken2-36
reasonable measures to ascertain that the person is 18 years of age or2-37
older; or2-38
(d) The owner, lessee or operator of the vending machine has2-39
established:2-40
(1) A procedure that requires a person who wants to obtain material2-41
from the vending machine to use an authorized access card or an2-42
identification card which is designed to be used only in such vending3-1
machines and which may be obtained only after the owner, lessee or3-2
operator, or his agent or employee, has taken reasonable measures to3-3
ascertain that the person is 18 years of age or older; and3-4
(2) A procedure to cancel such a card immediately after the owner,3-5
lessee or operator, or his agent or employee, has received oral or written3-6
notice that the card:3-7
(I) Is no longer wanted;3-8
(II) Has been lost or stolen; or3-9
(III) Has been used by a person who is less than 18 years of age.3-10
Sec. 3. The amendatory provisions of this act do not apply to offenses3-11
that were committed before the effective date of this act.3-12
Sec. 4. This act becomes effective upon passage and approval.~