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).

1-1 Section 1. Chapter 206 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. Unless a greater penalty is provided pursuant to subsection 2, a

1-4 person who:

1-5 (a) Is under the age of 24 years and possesses an aerosol container of

1-6 paint, a paint stick or an etcher that is capable of being used to create

1-7 graffiti or to otherwise deface property, unless he is using it for a lawful

1-8 purpose;

1-9 (b) Has previously been convicted of violating the provisions of NRS

1-10 206.125 or 206.330 and possesses an aerosol container of paint, a paint

1-11 stick or an etcher that is capable of being used to create graffiti or

1-12 otherwise deface property, unless he is using it for a lawful purpose; or

1-13 (c) Carries an aerosol container of paint, a paint stick or an etcher

1-14 while in any public facility, park, playground, swimming pool, restroom

2-1 or recreational area, unless he has first received valid authorization from

2-2 the governing body of the governmental entity that controls the public

2-3 place,

2-4 is guilty of a misdemeanor.

2-5 2. A person who:

2-6 (a) Is under the age of 24 years and possesses more than one aerosol

2-7 container of paint, a paint stick or an etcher, or any combination thereof,

2-8 that are capable of being used to create graffiti or otherwise deface

2-9 property, unless he is using them for a lawful purpose;

2-10 (b) Has previously been convicted of violating the provisions of NRS

2-11 206.125 or 206.330 two or more times and possesses an aerosol container

2-12 of paint, a paint stick or an etcher that is capable of being used to create

2-13 graffiti or otherwise deface property, unless he is using it for a lawful

2-14 purpose; or

2-15 (c) Carries more than one aerosol container of paint, a paint stick or

2-16 an etcher, or any combination thereof, while in any public facility, park,

2-17 playground, swimming pool, restroom or recreational area, unless he has

2-18 first received valid authorization from the governing body of the

2-19 governmental entity that controls the public place,

2-20 is guilty of a gross misdemeanor.

2-21 3. As used in this section:

2-22 (a) "Etcher" means a device used to etch or scratch any surface,

2-23 including, without limitation, glass, metal or wood.

2-24 (b) "Paint stick" means a device used to apply paint, indelible ink or

2-25 grease paint to an object.

2-26 Sec. 2. Chapter 597 of NRS is hereby amended by adding thereto a

2-27 new section to read as follows:

2-28 1. Except for the parent, legal guardian or employer of a person

2-29 under the age of 24 years and except as otherwise provided in this

2-30 subsection, a person who sells, gives or in any way furnishes to a person

2-31 who is under the age of 24 years an aerosol container of paint, a paint

2-32 stick or an etcher that is capable of being used to create graffiti or

2-33 otherwise deface property is guilty of a misdemeanor. A school or

2-34 university may furnish an aerosol container of paint, a paint stick or an

2-35 etcher to a pupil for use in the curriculum of a class.

2-36 2. A person who is under the age of 24 years who purchases or

2-37 solicits another person other than his parent, legal guardian or employer

2-38 to purchase for him an aerosol container of paint, a paint stick or an

2-39 etcher is guilty of a misdemeanor.

2-40 3. A business shall:

2-41 (a) Obtain proper identification from a person whom it reasonably

2-42 believes is under the age of 24 years before it sells an aerosol container

2-43 of paint, a paint stick or an etcher to that person;

3-1 (b) Maintain a record of each person to whom it sells an aerosol

3-2 container of paint, a paint stick or an etcher including, without

3-3 limitation, the full name, residence address and driver’s license number

3-4 of that person; and

3-5 (c) Make the records maintained pursuant to paragraph (b) open for

3-6 inspection by all peace officers of this state at all reasonable times, and

3-7 preserve the records for a period of at least 3 years.

3-8 4. As used in this section:

3-9 (a) "Etcher" has the meaning ascribed to it in subsection 3 of section

3-10 1 of this act.

3-11 (b) "Graffiti" has the meaning ascribed to it in NRS 206.005.

3-12 (c) "Paint stick" has the meaning ascribed to it in subsection 3 of

3-13 section 1 of this act.

3-14 Sec. 3. The amendatory provisions of this act do not apply to offenses

3-15 which are committed before October 1, 1999.