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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to crimes; revising the provisions governing the unlawful exhibition or distribution of material that is harmful to minors; making it unlawful under certain circumstances for a person knowingly to exhibit, sell or offer to sell in a vending machine located in a public place material that is harmful to minors; providing a penalty; and providing other matters properly relating thereto.

 

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:

1-2 201.261 "Nudity" means [the] :

1-3 1. The showing of the human female breast with less than a fully

1-4 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 area

1-6 with less than a fully opaque covering of any portion thereof; or [the]

1-7 3. The depiction of [covered] the human male genitals in a discernible

1-8 turgid state [.] , whether or not covered.

1-9 Sec. 2. NRS 201.265 is hereby amended to read as follows:

1-10 201.265 [Except] Unless a greater penalty is provided by specific

1-11 statute and except as otherwise provided in NRS [200.720 and] 201.2655,

1-12 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 is

1-14 harmful to minors, unless the person is the parent, guardian or spouse of

1-15 the minor.

2-1 2. Exhibits for distribution to an adult in such a manner or location as

2-2 to allow a minor to view or to have access to examine material that is

2-3 harmful to minors, unless the person is the parent, guardian or spouse of

2-4 the minor.

2-5 3. Sells to a minor an admission ticket or pass for or otherwise admits

2-6 a minor for monetary consideration to any presentation of material that is

2-7 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 minor

2-10 for the purpose of:

2-11 (a) Distributing to the minor material that is harmful to minors; or

2-12 (b) Obtaining admission of the minor to any presentation of material

2-13 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; or

2-16 (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 harmful

2-18 to minors on the premises of a business establishment open to minors,

2-19 unless the person creates an area within the establishment for the

2-20 placement of the motion pictures and any material that advertises the sale

2-21 or rental of the motion pictures which:

2-22 (a) Prevents minors from observing the motion pictures or any material

2-23 that advertises the sale or rental of the motion pictures; and

2-24 (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 a

2-26 public place material that is harmful to minors, unless:

2-27 (a) Minors are excluded from the public place where the vending

2-28 machine is located;

2-29 (b) The vending machine is supervised by a person who is 18 years of

2-30 age or older;

2-31 (c) The owner, lessee or operator of the vending machine has

2-32 established a procedure that requires a person who wants to obtain

2-33 material from the vending machine to use a token which is designed to be

2-34 used only in such vending machines and which may be obtained only

2-35 after the owner, lessee or operator, or his agent or employee, has taken

2-36 reasonable measures to ascertain that the person is 18 years of age or

2-37 older; or

2-38 (d) The owner, lessee or operator of the vending machine has

2-39 established:

2-40 (1) A procedure that requires a person who wants to obtain material

2-41 from the vending machine to use an authorized access card or an

2-42 identification card which is designed to be used only in such vending

3-1 machines and which may be obtained only after the owner, lessee or

3-2 operator, or his agent or employee, has taken reasonable measures to

3-3 ascertain that the person is 18 years of age or older; and

3-4 (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 written

3-6 notice that the card:

3-7 (I) Is no longer wanted;

3-8 (II) Has been lost or stolen; or

3-9 (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 offenses

3-11 that were committed before the effective date of this act.

3-12 Sec. 4. This act becomes effective upon passage and approval.

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