Assembly Bill No. 408–Assemblymen Manendo, Ohrenschall, Anderson, Bache, Berman, Claborn, Gibbons, Goldwater, Parks and Williams

 

March 16, 2001

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Referred to Committee on Judiciary

 

SUMMARY—Makes various changes to provisions governing sexual offenses. (BDR 15‑658)

 

FISCAL NOTE:            Effect on Local Government: No

                                    Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to crimes; making a person who subjects a child under the age of 12 years to certain sexual acts guilty per se of sexual assault; increasing the age of a child against whom the crime of open and gross lewdness may be committed from 14 to 16 years; providing penalties; 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 200.364 is hereby amended to read as follows:

1-2    200.364  As used in NRS 200.364 to 200.3774, inclusive, unless the

1-3  context otherwise requires:

1-4    1.  “Perpetrator” means a person who commits a sexual assault.

1-5    2.  “Sexual penetration” means cunnilingus, fellatio, or any intrusion,

1-6  however slight, of any part of a person’s body or any object manipulated or

1-7  inserted by a person into the genital or anal openings of the body of

1-8  another, including sexual intercourse in its ordinary meaning.

1-9    3.  “Statutory sexual seduction” means:

1-10    (a) Ordinary sexual intercourse, anal intercourse, cunnilingus or fellatio

1-11  committed by a person 18 years of age or older with a person [under the

1-12  age of] who is at least 12 but less than 16 years[;] of age; or

1-13    (b) Any other sexual penetration committed by a person 18 years of age

1-14  or older with a person [under the age of] who is at least 12 but less than 16

1-15  years of age with the intent of arousing, appealing to, or gratifying the lust

1-16  or passions or sexual desires of either of the persons.

1-17    4.  “Victim” means a person who is subjected to a sexual assault.

 

 

2-1    Sec. 2.  NRS 200.366 is hereby amended to read as follows:

2-2    200.366  1.  A person who subjects another person to sexual

2-3  penetration, or who forces another person to make a sexual penetration on

2-4  himself or another, or on a beast, against the will of the victim , [or] under

2-5  conditions in which the perpetrator knows or should know that the victim is

2-6  mentally or physically incapable of resisting or understanding the nature of

2-7  his conduct, or when the victim is under the age of 12 years, is guilty of

2-8  sexual assault.

2-9    2.  Except as otherwise provided in subsection 3, a person who

2-10  commits a sexual assault is guilty of a category A felony and shall be

2-11  punished:

2-12    (a) If substantial bodily harm to the victim results from the actions of

2-13  the defendant committed in connection with or as a part of the sexual

2-14  assault, by imprisonment in the state prison:

2-15      (1) For life without the possibility of parole;

2-16      (2) For life with the possibility of parole, with eligibility for parole

2-17  beginning when a minimum of 15 years has been served; or

2-18      (3) For a definite term of 40 years, with eligibility for parole

2-19  beginning when a minimum of 15 years has been served.

2-20    (b) If no substantial bodily harm to the victim results, by imprisonment

2-21  in the state prison:

2-22      (1) For life, with the possibility of parole, with eligibility for parole

2-23  beginning when a minimum of 10 years has been served; or

2-24      (2) For a definite term of 25 years, with eligibility for parole

2-25  beginning when a minimum of 10 years has been served.

2-26    3.  A person who commits a sexual assault against a child under the age

2-27  of 16 years is guilty of a category A felony and shall be punished:

2-28    (a) If the crime results in substantial bodily harm to the child, by

2-29  imprisonment in the state prison for life without the possibility of parole.

2-30    (b) Except as otherwise provided in paragraph (c), if the crime does not

2-31  result in substantial bodily harm to the child, by imprisonment in the state

2-32  prison:

2-33      (1) For life with the possibility of parole, with eligibility for parole

2-34  beginning when a minimum of 20 years has been served; or

2-35      (2) For a definite term of 20 years, with eligibility for parole

2-36  beginning when a minimum of 5 years has been served.

2-37    (c) If the crime is committed against a child under the age of 14 years

2-38  and does not result in substantial bodily harm to the child, by imprisonment

2-39  in the state prison for life with the possibility of parole, with eligibility for

2-40  parole beginning when a minimum of 20 years has been served.

2-41    Sec. 3.  NRS 201.230 is hereby amended to read as follows:

2-42    201.230  A person who is 18 years of age or older who willfully and

2-43  lewdly commits any lewd or lascivious act, other than acts constituting the

2-44  crime of sexual assault, upon or with the body, or any part or member

2-45  thereof, of a child under the age of [14] 16 years, with the intent of

2-46  arousing, appealing to, or gratifying the lust or passions or sexual desires of

2-47  that person or of that child, is guilty of a category A felony and shall be

2-48  punished by imprisonment in the state prison for life with the possibility of

2-49  parole, with eligibility for parole beginning when a minimum of 10 years

3-1  has been served, and may be further punished by a fine of not more than

3-2  $10,000.

3-3    Sec. 4.  The amendatory provisions of this act do not apply to offenses

3-4  committed before July 1, 2001.

3-5    Sec. 5.  This act becomes effective on July 1, 2001.

 

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