2001 REGULAR SESSION (71st) A SB551 452
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 1, by deleting lines 3 through 10 and inserting:
“1. Each provider of Internet service shall create and maintain:
(a) For at least 180 days after it is created:
(1) A record of each person who enters or leaves its system, including, without limitation, the IP address of the person or any other information that identifies the person; and
(2) A record of each customer of the service who logs on to the service, including, without limitation, information that identifies the customer; and
(b) For at least 1 year after it is created, a record of each customer of the service that includes, without limitation, his name, address, telephone number, the method he uses to pay for the service, the dates and times that he has logged on to the service and the number of minutes that he was logged on to the service.
2. A provider of Internet service who violates the provisions of subsection 1 is guilty of a misdemeanor and shall be punished by a fine of not less than $50 or more than $500 for each violation.”.
Amend section 1, page 2, by deleting lines 4 through 13 and inserting:
“sheriff or chief of police of a municipality may, if there is reasonable cause to believe that a crime has been committed through the use of the services of the provider of Internet service, apply to the court for an order compelling the provider of Internet service to provide any information relevant to the alleged crime that the provider is required to create and maintain pursuant to subsection 1.”.
Amend section 1, page 2, line 14, by deleting “5.” and inserting “4.”.
Amend section 1, page 2, by deleting line 16.
Amend section 1, page 2, line 17, by deleting “(c)” and inserting “(b)”.
Amend section 1, page 2, by deleting line 19.
Amend sec. 3, page 3, line 14, after “communication” by inserting:
“to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim”.
Amend sec. 4, page 4, line 24, by deleting “18” and inserting “16”.
Amend sec. 4, page 4, line 36, after “violates” by inserting:
“or attempts to violate”.
Amend sec. 5, page 5, by deleting lines 10 through 17 and inserting:
“1. It is unlawful for a person to knowingly sell or distribute cigarettes, cigarette paper, tobacco of any description or products made from tobacco to a child under the age of 18 years through the use of the Internet.
2. A person who violates the provisions of subsection 1 shall be punished by a fine of not more than $500 and a civil penalty of not more than $500. Any money recovered”.
Amend sec. 5, page 5, by deleting lines 25 and 26 and inserting:
“use of the Internet. The policy must include, without limitation, a method for ensuring that the person who delivers such items obtains the signature of a person who is over the age of 21 years when delivering the items, that the packaging or wrapping of the items when they are shipped is clearly marked with the word “cigarettes” or the words “tobacco products,” and that the person complies with the provisions of 15 U.S.C. § 376. A person who fails to adopt a policy pursuant to this subsection is guilty of a misdemeanor and shall be punished by a fine of not more than $500.”.
Amend sec. 6, page 5, by deleting lines 28 and 29 and inserting:
“202.055 1. Every person who knowingly:”.
Amend sec. 6, page 5, by deleting lines 41 through 45.
Amend sec. 6, page 5, line 46, by deleting “4.” and inserting “3.”.
Amend sec. 6, page 6, by deleting lines 1 and 2 and inserting:
“from the person through the use of the Internet. The policy must include, without limitation, a method for ensuring that the person who delivers the alcoholic beverages obtains the signature of a person who is over the age of 21 years when delivering the beverages and that the packaging or wrapping of the alcoholic beverages when they are shipped is clearly marked with words that describe the alcoholic beverages. A person who fails to adopt a policy pursuant to this subsection is guilty of a misdemeanor and shall be punished by a fine of not more than $500.”.
Amend the bill as a whole by deleting sec. 9, renumbering sections 10 through 13 as sections 11 through 14 and adding new sections designated sections 9 and 10, following sec. 8, to read as follows:
“Sec. 9. NRS 205.486 is hereby amended to read as follows:
205.486 1. A person shall not willfully use or attempt to use encryption, directly or indirectly, to:
(a) Commit, facilitate, further or promote any criminal offense;
(b) Aid, assist or encourage another person to commit any criminal offense;
(c) Conceal the commission of any criminal offense;
(d) Conceal or protect the identity of a person who has committed any criminal offense; or
(e) Delay, hinder or obstruct the administration of the law.
2. A person who violates any provision of this section:
(a) Is guilty of a gross misdemeanor [; and] , unless the encryption was used or attempted to be used to commit a crime for which a greater penalty is provided by specific statute. If the encryption was used or attempted to be used to commit a crime for which a greater penalty is provided by specific statute, the person shall be punished as prescribed by statute for that crime.
(b) Commits a criminal offense that is separate and distinct from any other criminal offense and may be prosecuted and convicted pursuant to this section whether or not the person or any other person is or has been prosecuted or convicted for any other criminal offense arising out of the same facts as the violation of this section.
Sec. 10. NRS 207.260 is hereby amended to read as follows:
207.260 [A]
1. Unless a greater penalty is provided by specific statute, a person who annoys or molests or attempts to annoy or molest a minor , including, without limitation, soliciting a minor to engage in unlawful sexual conduct, is guilty of :
(a) For the first offense, a misdemeanor.
(b) For the second and each subsequent offense , [he is guilty of] a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
2. For the purposes of this section, “soliciting” includes, without limitation, contacting a person directly, through the use of a telephone, in writing, through the use of a computer or through an advertisement.
3. As used in this section:
(a) “Computer” has the meaning ascribed to it in NRS 205.4735.
(b) “Sexual conduct” has the meaning ascribed to it in NRS 200.700. ”.
Amend sec. 12, page 9, by deleting lines 8 and 9 and inserting:
“convicted of stalking with the use of an Internet or network site or electronic mail or any other similar means of communication pursuant to subsection 3 of NRS 200.575, an offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive, or luring a child using a computer, system or network pursuant to paragraph (a) or (b) of subsection 3 of section 4 of this act and the court grants probation or suspends the sentence, the”.
Amend sec. 12, page 9, by deleting lines 15 through 17 and inserting:
“suspension of sentence set forth in subsection 1 if the court finds that:
(a) The use of a computer by the defendant will assist a law enforcement agency or officer in a criminal investigation;
(b) The defendant will use the computer to provide technological training concerning technology of which the defendant has a unique knowledge; or
(c) The use of the computer by the defendant will assist companies that require the use of the specific technological knowledge of the defendant that is unique and is otherwise unavailable to the company.
3. Except as otherwise provided in subsection 1, if a defendant is convicted of an offense that involved the use of a computer, system or network and the court grants probation or suspends the sentence, the court may, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.”.
Amend sec. 12, page 9, line 18, by deleting “3.” and inserting “4.”.
Amend the bill as a whole by deleting sec. 14.
Amend sec. 24, page 16, by deleting lines 41 through 43 and inserting:
“on parole a prisoner convicted of stalking with the use of an Internet or network site or electronic mail or any other similar means of communication pursuant to subsection 3 of NRS 200.575, an offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive, or luring a child using a computer, system or network pursuant to paragraph (a) or (b) of subsection 3 of section 4 of this act, the board shall, in addition to any other condition of parole, require as a condition of parole that the parolee”.
Amend sec. 24, page 16, by deleting lines 47 through 49 and inserting:
“in subsection 1 if the board finds that:
(a) The use of a computer by the parolee will assist a law enforcement agency or officer in a criminal investigation;
(b) The parolee will use the computer to provide technological training concerning technology of which the defendant has a unique knowledge; or
(c) The use of the computer by the parolee will assist companies that require the use of the specific technological knowledge of the parolee that is unique and is otherwise unavailable to the company.
3. Except as otherwise provided in subsection 1, if the board releases on parole a prisoner convicted of an offense that involved the use of a computer, system or network, the board may, in addition to any other condition of parole, require as a condition of parole that the parolee not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.”.
Amend sec. 24, page 17, line 1, by deleting “3.” and inserting “4.”.
Amend the bill as a whole by deleting sections 28 through 30 and renumbering sections 31 and 32 as sections 28 and 29.
Amend the title of the bill to read as follows:
“AN ACT relating to crimes; requiring Internet service providers to maintain certain information; authorizing certain persons to apply to the court for an order to obtain such information; establishing a penalty for committing the crime of stalking with the use of the Internet or electronic mail; prohibiting the use or attempted use of a computer, network or system to lure children and providing that such an offense constitutes a sexual offense for the purpose of certain statutes pertaining to sex offenders; making various changes concerning the sale of tobacco products or alcoholic beverages to minors through the use of the Internet; increasing the penalty for certain unlawful uses of encryption; making various changes concerning the crime of annoying or molesting a minor; requiring that certain conditions of probation and parole be imposed upon certain offenders; providing penalties; and providing other matters properly relating thereto.”
Amend the summary of the bill to read as follows: