S.B. 551
Senate Bill No. 551–Committee on Judiciary
(On Behalf of Office of the Attorney General)
March 26, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Makes various changes concerning computers and Internet. (BDR 15‑442)
FISCAL NOTE: Effect on Local Government: Yes.
~
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 technology; requiring Internet service providers to maintain certain information; authorizing certain persons to issue subpoenas 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 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; requiring that certain conditions of probation and parole be imposed upon certain offenders who are convicted of a crime involving a computer, network or system; requiring each public library and the department of education to adopt a policy to limit access of children to obscene material on the Internet; 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. Chapter 193 of NRS is hereby amended by adding thereto a
1-2 new section to read as follows:
1-3 1. The attorney general shall adopt regulations setting forth the
1-4 information that a provider of Internet service is required to maintain
1-5 and the manner in which such information must be maintained to assist
1-6 in the investigation and prosecution of criminal activity that involves the
1-7 use of a computer, system or network.
1-8 2. A provider of Internet service who violates a regulation adopted
1-9 pursuant to this section is guilty of a misdemeanor and shall be punished
1-10 by a fine of not less than $50 or more than $500 for each violation.
1-11 3. In investigating criminal activity that involves or may involve the
1-12 use of a computer, the attorney general, a district attorney, the sheriff of
2-1 any county in this state, the head of any organized police department of
2-2 any municipality in this state, the head of any department of this state
2-3 engaged in the enforcement of any criminal law of this state and any
2-4 sheriff or chief of police of a municipality may issue a subpoena to
2-5 compel a provider of Internet service to provide information that the
2-6 provider is required to maintain pursuant to the regulations adopted
2-7 pursuant to this section.
2-8 4. If a person who has been issued a subpoena pursuant to
2-9 subsection 3 refuses to produce any information which the subpoena
2-10 requires, the person who issued the subpoena may apply to the district
2-11 court for the judicial district in which the investigation is being carried
2-12 on for the enforcement of the subpoena in the manner provided by law
2-13 for the enforcement of a subpoena in a civil action.
2-14 5. As used in this section:
2-15 (a) “Computer” has the meaning ascribed to it in NRS 205.4735.
2-16 (b) “Network” has the meaning ascribed to it in NRS 205.4745.
2-17 (c) “Provider of Internet service” has the meaning ascribed to it in
2-18 NRS 205.4758.
2-19 (d) “System” has the meaning ascribed to it in NRS 205.476.
2-20 Sec. 2. NRS 200.571 is hereby amended to read as follows:
2-21 200.571 1. A person is guilty of harassment if:
2-22 (a) Without lawful authority, the person knowingly threatens:
2-23 (1) To cause bodily injury in the future to the person threatened or to
2-24 any other person;
2-25 (2) To cause physical damage to the property of another person;
2-26 (3) To subject the person threatened or any other person to physical
2-27 confinement or restraint; or
2-28 (4) To do any act which is intended to substantially harm the person
2-29 threatened or any other person with respect to his physical or mental health
2-30 or safety; and
2-31 (b) The person by words or conduct places the person receiving the
2-32 threat in reasonable fear that the threat will be carried out.
2-33 2. Except where the provisions of subsection 2 or 3 of NRS 200.575
2-34 are applicable, a person who is guilty of harassment:
2-35 (a) For the first offense, is guilty of a misdemeanor.
2-36 (b) For the second or any subsequent offense, is guilty of a gross
2-37 misdemeanor.
2-38 3. The penalties provided in this section do not preclude the victim
2-39 from seeking any other legal remedy available.
2-40 Sec. 3. NRS 200.575 is hereby amended to read as follows:
2-41 200.575 1. A person who, without lawful authority, willfully or
2-42 maliciously engages in a course of conduct that would cause a reasonable
2-43 person to feel terrorized, frightened, intimidated or harassed, and that
2-44 actually causes the victim to feel terrorized, frightened, intimidated or
2-45 harassed, commits the crime of stalking. Except where the provisions of
2-46 subsection 2 or 3 are applicable, a person who commits the crime of
2-47 stalking:
2-48 (a) For the first offense, is guilty of a misdemeanor.
2-49 (b) For any subsequent offense, is guilty of a gross misdemeanor.
3-1 2. A person who:
3-2 (a) Commits the crime of stalking and in conjunction therewith
3-3 threatens the person with the intent to cause him to be placed in reasonable
3-4 fear of death or substantial bodily harm;
3-5 (b) Commits the crime of stalking on his spouse while a proceeding for
3-6 the dissolution of their marriage is pending for which he has actual or legal
3-7 notice or within 6 months after entry of the final decree of dissolution; or
3-8 (c) Commits the crime of stalking on a person with whom he has a child
3-9 in common while a proceeding for the custody of that child is pending for
3-10 which he has actual or legal notice,
3-11 commits the crime of aggravated stalking.
3-12 3. A person who commits the crime of stalking with the use of an
3-13 Internet or network site or electronic mail or any other similar means of
3-14 communication shall be punished for a category C felony as provided in
3-15 NRS 193.130.
3-16 4. A person who commits the crime of aggravated stalking shall be
3-17 punished:
3-18 (a) If he commits the crime set forth in paragraph (a) of subsection 2,
3-19 for a category B felony by imprisonment in the state prison for a minimum
3-20 term of not less than 2 years and a maximum term of not more than 15
3-21 years, and may be further punished by a fine of not more than $5,000.
3-22 (b) If he commits the crime set forth in paragraph (b) or (c) of
3-23 subsection 2:
3-24 (1) For the first offense, for a gross misdemeanor.
3-25 (2) For the second and any subsequent offense, for a category B
3-26 felony by imprisonment in the state prison for a minimum term of not less
3-27 than 2 years and a maximum term of not more than 15 years, and may be
3-28 further punished by a fine of not more than $5,000.
3-29 [4.] 5. Except as otherwise provided in subsection 2 of NRS 200.571,
3-30 a criminal penalty provided for in this section may be imposed in addition
3-31 to any penalty that may be imposed for any other criminal offense arising
3-32 from the same conduct or for any contempt of court arising from the same
3-33 conduct.
3-34 [5.] 6. The penalties provided in this section do not preclude the
3-35 victim from seeking any other legal remedy available.
3-36 [6.] 7. As used in this section:
3-37 (a) “Course of conduct” means a pattern of conduct which consists of a
3-38 series of acts over time that evidences a continuity of purpose directed at a
3-39 specific person.
3-40 (b) “Internet or network site” means any identifiable site on the
3-41 Internet or on a network. The term includes, without limitation:
3-42 (1) A website or other similar site on the World Wide Web;
3-43 (2) A site that is identifiable through a Uniform Resource Location;
3-44 (3) A site on a network that is owned, operated, administered or
3-45 controlled by a provider of Internet service;
3-46 (4) An electronic bulletin board;
3-47 (5) A list server;
3-48 (6) A newsgroup; or
3-49 (7) A chat room.
4-1 (c) “Network” has the meaning ascribed to it in NRS 205.4745.
4-2 (d) “Provider of Internet service” has the meaning ascribed to it in
4-3 NRS 205.4758.
4-4 (e) “Without lawful authority” includes acts which are initiated or
4-5 continued without the victim’s consent. The term does not include acts
4-6 which are otherwise protected or authorized by constitutional or statutory
4-7 law, regulation or order of a court of competent jurisdiction, including, but
4-8 not limited to:
4-9 (1) Picketing which occurs during a strike, work stoppage or any
4-10 other labor dispute.
4-11 (2) The activities of a reporter, photographer, cameraman or other
4-12 person while gathering information for communication to the public if that
4-13 person is employed or engaged by or has contracted with a newspaper,
4-14 periodical, press association or radio or television station and is acting
4-15 solely within that professional capacity.
4-16 (3) The activities of a person that are carried out in the normal course
4-17 of his lawful employment.
4-18 (4) Any activities carried out in the exercise of the constitutionally
4-19 protected rights of freedom of speech and assembly.
4-20 Sec. 4. Chapter 201 of NRS is hereby amended by adding thereto a
4-21 new section to read as follows:
4-22 1. Except as otherwise provided in subsection 2, a person shall not
4-23 use a computer, system or network to knowingly contact or communicate
4-24 with or attempt to contact or communicate with a child less than 18 years
4-25 of age with the intent to persuade, lure or transport the child away from
4-26 his home or from any location known to his parent or guardian or other
4-27 person legally responsible for the child to a place other than where the
4-28 child is located, for any purpose:
4-29 (a) Without the express consent of the parent or guardian or other
4-30 person legally responsible for the child; and
4-31 (b) With the intent to avoid the consent of the parent or guardian or
4-32 other person legally responsible for the child.
4-33 2. The provisions of this section do not apply if the contact or
4-34 communication is made or attempted with the intent to prevent imminent
4-35 bodily, emotional or psychological harm to the child.
4-36 3. A person who violates the provisions of this section:
4-37 (a) With the intent to engage in sexual conduct with the child or to
4-38 cause the child to engage in sexual conduct, is guilty of a category B
4-39 felony and shall be punished by imprisonment in the state prison for a
4-40 minimum term of not less than 1 year and a maximum term of not more
4-41 than 10 years and may be further punished by a fine of not more than
4-42 $10,000;
4-43 (b) By providing the child with obscene material or requesting the
4-44 child to provide the person with obscene material, is guilty of a category
4-45 C felony and shall be punished as provided in NRS 193.130; or
4-46 (c) If paragraph (a) or (b) does not apply, is guilty of a gross
4-47 misdemeanor.
4-48 4. As used in this section:
4-49 (a) “Computer” has the meaning ascribed to it in NRS 205.4735.
5-1 (b) “Material” means anything that is capable of being used or
5-2 adapted to arouse interest, whether through the medium of reading,
5-3 observation, sound or in any other manner.
5-4 (c) “Network” has the meaning ascribed to it in NRS 205.4745.
5-5 (d) “Obscene” has the meaning ascribed to it in NRS 201.235.
5-6 (e) “Sexual conduct” has the meaning ascribed to it in NRS 201.520.
5-7 (f) “System” has the meaning ascribed to it in NRS 205.476.
5-8 Sec. 5. Chapter 202 of NRS is hereby amended by adding thereto a
5-9 new section to read as follows:
5-10 1. A person who knowingly sells or distributes cigarettes, cigarette
5-11 paper, tobacco of any description or products made from tobacco to a
5-12 child under the age of 18 years through the use of the Internet:
5-13 (a) For the first offense, is guilty of a misdemeanor; or
5-14 (b) For the second or subsequent offense, is guilty of a category D
5-15 felony and shall be punished as provided in NRS 193.130.
5-16 2. A person who violates the provisions of subsection 1 shall also be
5-17 punished by a civil penalty of not more than $500. Any money recovered
5-18 pursuant to this section as a civil penalty must be deposited in the same
5-19 manner as money is deposited pursuant to subsection 6 of NRS 202.2493.
5-20 3. Every person who sells or distributes cigarettes, cigarette paper,
5-21 tobacco of any description or products made from tobacco through the
5-22 use of the Internet shall adopt a policy to prevent a child under the age of
5-23 18 years from obtaining cigarettes, cigarette paper, tobacco of any
5-24 description or products made from tobacco from the person through the
5-25 use of the Internet. A person who fails to adopt a policy pursuant to this
5-26 subsection is guilty of a gross misdemeanor.
5-27 Sec. 6. NRS 202.055 is hereby amended to read as follows:
5-28 202.055 1. [Every] Except as otherwise provided in subsection 3,
5-29 every person who knowingly:
5-30 (a) Sells, gives or otherwise furnishes an alcoholic beverage to any
5-31 person under 21 years of age;
5-32 (b) Leaves or deposits any alcoholic beverage in any place with the
5-33 intent that it will be procured by any person under 21 years of age; or
5-34 (c) Furnishes, gives, or causes to be given any money or thing of value
5-35 to any person under 21 years of age with the knowledge that the money or
5-36 thing of value is to be used by the person under 21 years of age to purchase
5-37 or procure any alcoholic beverage,
5-38 is guilty of a misdemeanor.
5-39 2. Paragraph (a) of subsection 1 does not apply to a parent, guardian or
5-40 physician of the person under 21 years of age.
5-41 3. A person who violates the provisions of subsection 1 through the
5-42 use of the Internet:
5-43 (a) For the first offense, is guilty of a gross misdemeanor; or
5-44 (b) For the second or subsequent offense, is guilty of a category D
5-45 felony and shall be punished as provided in NRS 193.130.
5-46 4. Every person who sells, gives or otherwise furnishes alcoholic
5-47 beverages through the use of the Internet shall adopt a policy to prevent
5-48 a person under 21 years of age from obtaining an alcoholic beverage
6-1 from the person through the use of the Internet. A person who fails to
6-2 adopt a policy pursuant to this subsection is guilty of a misdemeanor.
6-3 Sec. 7. NRS 202.2485 is hereby amended to read as follows:
6-4 202.2485 As used in NRS 202.2485 to 202.2497, inclusive[:] , and
6-5 section 5 of this act:
6-6 1. “Distribute” includes furnishing, giving away or providing products
6-7 made from tobacco or samples thereof at no cost to promote the product,
6-8 whether or not in combination with a sale.
6-9 2. “Health authority” means the district health officer in a district, or
6-10 his designee, or, if none, the state health officer, or his designee.
6-11 Sec. 8. NRS 202.249 is hereby amended to read as follows:
6-12 202.249 1. It is the public policy of the State of Nevada and the
6-13 purpose of NRS 202.2491, 202.24915 and 202.2492 to place restrictions on
6-14 the smoking of tobacco in public places to protect human health and safety.
6-15 2. The quality of air is declared to be affected with the public interest
6-16 and NRS 202.2491, 202.24915 and 202.2492 are enacted in the exercise of
6-17 the police power of this state to protect the health, peace, safety and
6-18 general welfare of its people.
6-19 3. Health authorities, police officers of cities or towns, sheriffs and
6-20 their deputies and other peace officers of this state shall, within their
6-21 respective jurisdictions, enforce the provisions of NRS 202.2491,
6-22 202.24915 and 202.2492. Police officers of cities or towns, sheriffs and
6-23 their deputies and other peace officers of this state shall, within their
6-24 respective jurisdictions, enforce the provisions of NRS 202.2493 and
6-25 202.2494[.]and section 5 of this act.
6-26 4. An agency, board, commission or political subdivision of this state,
6-27 including any agency, board, commission or governing body of a local
6-28 government, shall not impose more stringent restrictions on the smoking,
6-29 use, sale, distribution, marketing, display or promotion of tobacco or
6-30 products made from tobacco than are provided by NRS 202.2491,
6-31 202.24915, 202.2492, 202.2493 and 202.2494[.] and section 5 of this act.
6-32 Sec. 9. NRS 202.2493 is hereby amended to read as follows:
6-33 202.2493 1. A person shall not sell, distribute or offer to sell
6-34 cigarettes or smokeless products made from tobacco in any form other than
6-35 in an unopened package which originated with the manufacturer and bears
6-36 any health warning required by federal law. A person who violates this
6-37 subsection shall be punished by a fine of $100 and a civil penalty of $100.
6-38 2. Except as otherwise provided in subsections 3, 4 and 5, it is
6-39 unlawful for any person to sell, distribute or offer to sell cigarettes,
6-40 cigarette paper, tobacco of any description or products made from tobacco
6-41 to any child under the age of 18 years. [A] Except as otherwise provided in
6-42 section 5 of this act, a person who violates this subsection shall be
6-43 punished by a fine of not more than $500 and a civil penalty of not more
6-44 than $500.
6-45 3. A person shall be deemed to be in compliance with the provisions of
6-46 subsection 2 if, before he sells, distributes or offers to sell to another,
6-47 cigarettes, cigarette paper, tobacco of any description or products made
6-48 from tobacco, he:
7-1 (a) Demands that the person present a valid driver’s license or other
7-2 written or documentary evidence which shows that the person is 18 years
7-3 of age or older;
7-4 (b) Is presented a valid driver’s license or other written or documentary
7-5 evidence which shows that the person is 18 years of age or older; and
7-6 (c) Reasonably relies upon the driver’s license or written or
7-7 documentary evidence presented by the person.
7-8 4. The employer of a child who is under 18 years of age may, for the
7-9 purpose of allowing the child to handle or transport tobacco or products
7-10 made from tobacco in the course of the child’s lawful employment, provide
7-11 tobacco or products made from tobacco to the child.
7-12 5. With respect to any sale made by his employee, the owner of a retail
7-13 establishment shall be deemed to be in compliance with the provisions of
7-14 subsection 2 if he:
7-15 (a) Had no actual knowledge of the sale; and
7-16 (b) Establishes and carries out a continuing program of training for his
7-17 employees which is reasonably designed to prevent violations of
7-18 subsection 2.
7-19 6. Any money recovered pursuant to this section as a civil penalty
7-20 must be deposited in a separate account in the state general fund to be used
7-21 for the enforcement of this section and NRS 202.2494.
7-22 Sec. 10. NRS 176.0931 is hereby amended to read as follows:
7-23 176.0931 1. If a defendant is convicted of a sexual offense, the court
7-24 shall include in sentencing, in addition to any other penalties provided by
7-25 law, a special sentence of lifetime supervision.
7-26 2. The special sentence of lifetime supervision commences after any
7-27 period of probation or any term of imprisonment and any period of release
7-28 on parole.
7-29 3. A person sentenced to lifetime supervision may petition the district
7-30 court in whose jurisdiction he resides for release from lifetime supervision.
7-31 The court shall grant a petition for release from a special sentence of
7-32 lifetime supervision if:
7-33 (a) The person has not been convicted of an offense that poses a threat
7-34 to the safety or well-being of others for an interval of at least 15
7-35 consecutive years after his last conviction or release from incarceration,
7-36 whichever occurs later; and
7-37 (b) The person is not likely to pose a threat to the safety of others if
7-38 released from lifetime supervision.
7-39 4. A person who is released from lifetime supervision pursuant to the
7-40 provisions of subsection 3 remains subject to the provisions for registration
7-41 as a sex offender and to the provisions for community notification, unless
7-42 he is otherwise relieved from the operation of those provisions pursuant to
7-43 the provisions of NRS 179D.350 to 179D.800, inclusive.
7-44 5. As used in this section:
7-45 (a) “Offense that poses a threat to the safety or well-being of others” has
7-46 the meaning ascribed to it in NRS 179D.060.
7-47 (b) “Sexual offense” means:
7-48 (1) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS
7-49 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph
8-1 (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195,
8-2 NRS 201.230 or 201.450[;] or paragraph (a) or (b) of subsection 3 of
8-3 section 4 of this act;
8-4 (2) An attempt to commit an offense listed in subparagraph (1); or
8-5 (3) An act of murder in the first or second degree, kidnapping in the
8-6 first or second degree, false imprisonment, burglary or invasion of the
8-7 home if the act is determined to be sexually motivated at a hearing
8-8 conducted pursuant to NRS 175.547.
8-9 Sec. 11. NRS 176.133 is hereby amended to read as follows:
8-10 176.133 As used in NRS 176.133 to 176.159, inclusive, unless the
8-11 context otherwise requires:
8-12 1. “Person professionally qualified to conduct psychosexual
8-13 evaluations” means a person who has received training in conducting
8-14 psychosexual evaluations and is:
8-15 (a) A psychiatrist licensed to practice medicine in this state and certified
8-16 by the American Board of Psychiatry and Neurology;
8-17 (b) A psychologist licensed to practice in this state;
8-18 (c) A social worker holding a master’s degree in social work and
8-19 licensed in this state as a clinical social worker;
8-20 (d) A registered nurse holding a master’s degree in the field of
8-21 psychiatric nursing and licensed to practice professional nursing in this
8-22 state; or
8-23 (e) A marriage and family therapist licensed in this state pursuant to
8-24 chapter 641A of NRS.
8-25 2. “Psychosexual evaluation” means an evaluation conducted pursuant
8-26 to NRS 176.139.
8-27 3. “Sexual offense” means:
8-28 (a) Sexual assault pursuant to NRS 200.366;
8-29 (b) Statutory sexual seduction pursuant to NRS 200.368, if punished as
8-30 a felony;
8-31 (c) Battery with intent to commit sexual assault pursuant to NRS
8-32 200.400;
8-33 (d) Abuse of a child pursuant to NRS 200.508, if the abuse involved
8-34 sexual abuse or sexual exploitation and is punished as a felony;
8-35 (e) An offense involving pornography and a minor pursuant to NRS
8-36 200.710 to 200.730, inclusive;
8-37 (f) Incest pursuant to NRS 201.180;
8-38 (g) Solicitation of a minor to engage in acts constituting the infamous
8-39 crime against nature pursuant to NRS 201.195, if punished as a felony;
8-40 (h) Open or gross lewdness pursuant to NRS 201.210, if punished as a
8-41 felony;
8-42 (i) Indecent or obscene exposure pursuant to NRS 201.220, if punished
8-43 as a felony;
8-44 (j) Lewdness with a child pursuant to NRS 201.230;
8-45 (k) Sexual penetration of a dead human body pursuant to NRS 201.450;
8-46 (l) Luring a child using a computer, system or network pursuant to
8-47 section 4 of this act, if punished as a felony;
8-48 (m) Annoyance or molestation of a minor pursuant to NRS 207.260, if
8-49 punished as a felony;
9-1 [(m)] (n) An attempt to commit an offense listed in paragraphs (a) to
9-2 [(l),] (m), inclusive, if punished as a felony; or
9-3 [(n)] (o) An offense that is determined to be sexually motivated
9-4 pursuant to NRS 175.547 or 207.193.
9-5 Sec. 12. Chapter 176A of NRS is hereby amended by adding thereto a
9-6 new section to read as follows:
9-7 1. Except as otherwise provided in subsection 2, if a defendant is
9-8 convicted of an offense that involved the use of a computer, system or
9-9 network and the court grants probation or suspends the sentence, the
9-10 court shall, in addition to any other condition ordered pursuant to NRS
9-11 176A.400, order as a condition of probation or suspension that the
9-12 defendant not own or use a computer, including, without limitation, use
9-13 electronic mail, a chat room or the Internet.
9-14 2. The court is not required to impose a condition of probation or
9-15 suspension of sentence set forth in subsection 1 if the court finds that
9-16 extraordinary circumstances are present and the court enters those
9-17 extraordinary circumstances in the record.
9-18 3. As used in this section:
9-19 (a) “Computer” has the meaning ascribed to it in NRS 205.4735.
9-20 (b) “Network” has the meaning ascribed to it in NRS 205.4745.
9-21 (c) “System” has the meaning ascribed to it in NRS 205.476.
9-22 Sec. 13. NRS 176A.110 is hereby amended to read as follows:
9-23 176A.110 1. The court shall not grant probation to or suspend the
9-24 sentence of a person convicted of an offense listed in subsection 3 unless a
9-25 psychologist licensed to practice in this state or a psychiatrist licensed to
9-26 practice medicine in this state certifies that the person is not a menace to
9-27 the health, safety or morals of others.
9-28 2. This section does not create a right in any person to be certified or
9-29 continue to be certified and no person may bring a cause of action against
9-30 the state, its political subdivisions, agencies, boards, commissions,
9-31 departments, officers or employees for not certifying or refusing to
9-32 consider a person for certification pursuant to this section.
9-33 3. The provisions of this section apply to a person convicted of any of
9-34 the following offenses:
9-35 (a) Attempted sexual assault of a person who is 16 years of age or older
9-36 pursuant to NRS 200.366.
9-37 (b) Statutory sexual seduction pursuant to NRS 200.368.
9-38 (c) Battery with intent to commit sexual assault pursuant to NRS
9-39 200.400.
9-40 (d) Abuse or neglect of a child pursuant to NRS 200.508.
9-41 (e) An offense involving pornography and a minor pursuant to NRS
9-42 200.710 to 200.730, inclusive.
9-43 (f) Incest pursuant to NRS 201.180.
9-44 (g) Solicitation of a minor to engage in acts constituting the infamous
9-45 crime against nature pursuant to NRS 201.195.
9-46 (h) Open or gross lewdness pursuant to NRS 201.210.
9-47 (i) Indecent or obscene exposure pursuant to NRS 201.220.
9-48 (j) Lewdness with a child pursuant to NRS 201.230.
9-49 (k) Sexual penetration of a dead human body pursuant to NRS 201.450.
10-1 (l) Luring a child using a computer, system or network pursuant to
10-2 section 4 of this act, if punished as a felony.
10-3 (m) A violation of NRS 207.180.
10-4 [(m)] (n) An attempt to commit an offense listed in paragraphs (b) to
10-5 [(l),] (m), inclusive.
10-6 [(n)] (o) Coercion or attempted coercion that is determined to be
10-7 sexually motivated pursuant to NRS 207.193.
10-8 Sec. 14. NRS 176A.450 is hereby amended to read as follows:
10-9 176A.450 1. Except as otherwise provided in this section, by order
10-10 duly entered, the court may impose, and may at any time modify, any
10-11 conditions of probation or suspension of sentence. The court shall cause a
10-12 copy of any such order to be delivered to the parole and probation officer
10-13 and the probationer. A copy of the order must also be sent to the director of
10-14 the department of prisons if the probationer is under the supervision of the
10-15 director pursuant to NRS 176A.780.
10-16 2. If the probationer is participating in a program of probation secured
10-17 by a surety bond, the court shall not impose or modify the conditions of
10-18 probation unless the court notifies the surety and:
10-19 (a) Causes the original bond to be revoked and requires a new bond to
10-20 which the original and the new conditions are appended and made part; or
10-21 (b) Requires an additional bond to which the new conditions are
10-22 appended and made part.
10-23 3. The court shall not modify a condition of probation or suspension of
10-24 sentence that was imposed pursuant to NRS 176A.410, or section 12 of
10-25 this act, unless the court finds that extraordinary circumstances are present
10-26 and the court enters those extraordinary circumstances in the record.
10-27 Sec. 15. NRS 178.5698 is hereby amended to read as follows:
10-28 178.5698 1. The prosecuting attorney, sheriff or chief of police shall,
10-29 upon the written request of a victim or witness, inform him:
10-30 (a) When the defendant is released from custody at any time before or
10-31 during the trial;
10-32 (b) If the defendant is so released, the amount of bail required, if any;
10-33 and
10-34 (c) Of the final disposition of the criminal case in which he was directly
10-35 involved.
10-36 2. If an offender is convicted of a sexual offense or an offense
10-37 involving the use or threatened use of force or violence against the victim,
10-38 the court shall provide:
10-39 (a) To each witness, documentation that includes:
10-40 (1) A form advising the witness of the right to be notified pursuant to
10-41 subsection 4;
10-42 (2) The form that the witness must use to request notification; and
10-43 (3) The form or procedure that the witness must use to provide a
10-44 change of address after a request for notification has been submitted.
10-45 (b) To each person listed in subsection 3, documentation that includes:
10-46 (1) A form advising the person of the right to be notified pursuant to
10-47 subsection 4 or 5 and NRS 176.015, 176A.630, 209.392, 209.3925,
10-48 209.521, 213.010, 213.040, 213.095 and 213.130;
10-49 (2) The forms that the person must use to request notification; and
11-1 (3) The forms or procedures that the person must use to provide a
11-2 change of address after a request for notification has been submitted.
11-3 3. The following persons are entitled to receive documentation
11-4 pursuant to paragraph (b) of subsection 2:
11-5 (a) A person against whom the offense is committed.
11-6 (b) A person who is injured as a direct result of the commission of the
11-7 offense.
11-8 (c) If a person listed in paragraph (a) or (b) is under the age of 18 years,
11-9 each parent or guardian who is not the offender.
11-10 (d) Each surviving spouse, parent and child of a person who is killed as
11-11 a direct result of the commission of the offense.
11-12 (e) A relative of a person listed in paragraphs (a) to (d), inclusive, if the
11-13 relative requests in writing to be provided with the documentation.
11-14 4. Except as otherwise provided in subsection 5, if the offense was a
11-15 felony and the offender is imprisoned, the warden of the prison shall, if the
11-16 victim or witness so requests in writing and provides his current address,
11-17 notify him at that address when the offender is released from the prison.
11-18 5. If the offender was convicted of a violation of subsection 3 of NRS
11-19 200.366 or a violation of subsection 2 of NRS 200.508, the warden of the
11-20 prison shall notify:
11-21 (a) The immediate family of the victim if the immediate family provides
11-22 their current address;
11-23 (b) Any member of the victim’s family related within the third degree of
11-24 consanguinity, if the member of the victim’s family so requests in writing
11-25 and provides his current address; and
11-26 (c) The victim, if he will be 18 years of age or older at the time of the
11-27 release and has provided his current address,
11-28 before the offender is released from prison.
11-29 6. The warden must not be held responsible for any injury proximately
11-30 caused by his failure to give any notice required pursuant to this section if
11-31 no address was provided to him or if the address provided is inaccurate or
11-32 not current.
11-33 7. As used in this section:
11-34 (a) “Immediate family” means any adult relative of the victim living in
11-35 the victim’s household.
11-36 (b) “Sexual offense” means:
11-37 (1) Sexual assault pursuant to NRS 200.366;
11-38 (2) Statutory sexual seduction pursuant to NRS 200.368;
11-39 (3) Battery with intent to commit sexual assault pursuant to NRS
11-40 200.400;
11-41 (4) An offense involving pornography and a minor pursuant to NRS
11-42 200.710 to 200.730, inclusive;
11-43 (5) Incest pursuant to NRS 201.180;
11-44 (6) Solicitation of a minor to engage in acts constituting the infamous
11-45 crime against nature pursuant to NRS 201.195;
11-46 (7) Open or gross lewdness pursuant to NRS 201.210;
11-47 (8) Indecent or obscene exposure pursuant to NRS 201.220;
11-48 (9) Lewdness with a child pursuant to NRS 201.230;
12-1 (10) Sexual penetration of a dead human body pursuant to NRS
12-2 201.450;
12-3 (11) Luring a child using a computer, system or network pursuant
12-4 to section 4 of this act, if punished as a felony;
12-5 (12) Annoyance or molestation of a minor pursuant to NRS 207.260;
12-6 [(12)] (13) An offense that, pursuant to a specific statute, is
12-7 determined to be sexually motivated; or
12-8 [(13)] (14) An attempt to commit an offense listed in this paragraph.
12-9 Sec. 16. NRS 179.460 is hereby amended to read as follows:
12-10 179.460 1. The attorney general or the district attorney of any county
12-11 may apply to a supreme court justice or to a district judge in the county
12-12 where the interception is to take place for an order authorizing the
12-13 interception of wire or oral communications, and the judge may, in
12-14 accordance with NRS 179.470 to 179.515, inclusive, grant an order
12-15 authorizing the interception of wire or oral communications by
12-16 investigative or law enforcement officers having responsibility for the
12-17 investigation of the offense as to which the application is made, when the
12-18 interception may provide evidence of the commission of murder,
12-19 kidnapping, robbery, extortion, bribery, destruction of public property by
12-20 explosives, a sexual offense against a child or the commission of any
12-21 offense which is made a felony by the provisions of chapter 453 or 454 of
12-22 NRS.
12-23 2. A good faith reliance by a public utility on a court order shall
12-24 constitute a complete defense to any civil or criminal action brought
12-25 against the public utility on account of any interception made pursuant to
12-26 the order.
12-27 3. As used in this section, “sexual offense against a child” includes any
12-28 act upon a child constituting:
12-29 (a) Incest pursuant to NRS 201.180;
12-30 (b) Lewdness with a child pursuant to NRS 201.230;
12-31 (c) Annoyance or molestation of a child pursuant to NRS 207.260;
12-32 (d) Sado-masochistic abuse pursuant to NRS 201.262;
12-33 (e) Sexual assault pursuant to NRS 200.366;
12-34 (f) Statutory sexual seduction pursuant to NRS 200.368; [or]
12-35 (g) Open or gross lewdness pursuant to NRS 201.210[.] ; or
12-36 (h) Luring a child using a computer, system or network pursuant to
12-37 section 4 of this act, if punished as a felony.
12-38 Sec. 17. NRS 179A.073 is hereby amended to read as follows:
12-39 179A.073 1. “Sexual offense” includes acts upon a child
12-40 constituting:
12-41 (a) Sexual assault under NRS 200.366;
12-42 (b) Statutory sexual seduction under NRS 200.368;
12-43 (c) Use of a minor in producing pornography under NRS 200.710;
12-44 (d) Promotion of a sexual performance of a minor under NRS 200.720;
12-45 (e) Possession of a visual presentation depicting the sexual conduct of a
12-46 child under NRS 200.730;
12-47 (f) Incest under NRS 201.180;
12-48 (g) Solicitation of a minor to engage in the infamous crime against
12-49 nature under NRS 201.195;
13-1 (h) Lewdness with a child under NRS 201.230; [or]
13-2 (i) Luring a child using a computer, system or network pursuant to
13-3 section 4 of this act, if punished as a felony; or
13-4 (j) Annoyance or molestation of a minor under NRS 207.260.
13-5 2. “Sexual offense” also includes acts committed outside the state that
13-6 would constitute any of the offenses in subsection 1 if committed in the
13-7 state, and the aiding, abetting, attempting or conspiring to engage in any of
13-8 the offenses in subsection 1.
13-9 Sec. 18. NRS 179A.280 is hereby amended to read as follows:
13-10 179A.280 As used in this section and NRS 179A.270[, 179A.280]
13-11 and 179A.290:
13-12 1. “Juvenile sex offender” means a child adjudicated delinquent for an
13-13 act that, if committed by an adult, would be a sexual offense.
13-14 2. “Sexual offense” means:
13-15 (a) Sexual assault pursuant to NRS 200.366;
13-16 (b) Statutory sexual seduction pursuant to NRS 200.368;
13-17 (c) Battery with intent to commit sexual assault pursuant to NRS
13-18 200.400;
13-19 (d) An offense involving pornography and a minor pursuant to NRS
13-20 200.710 to 200.730, inclusive;
13-21 (e) Incest pursuant to NRS 201.180;
13-22 (f) Solicitation of a minor to engage in acts constituting the infamous
13-23 crime against nature pursuant to NRS 201.195;
13-24 (g) Open or gross lewdness pursuant to NRS 201.210;
13-25 (h) Indecent or obscene exposure pursuant to NRS 201.220;
13-26 (i) Lewdness with a child pursuant to NRS 201.230;
13-27 (j) Sexual penetration of a dead human body pursuant to NRS 201.450;
13-28 (k) Luring a child using a computer, system or network pursuant to
13-29 section 4 of this act, if punished as a felony;
13-30 (l) Annoyance or molestation of a minor pursuant to NRS 207.260;
13-31 [(l)] (m) An attempt to commit an offense listed in paragraphs (a) to
13-32 [(k), inclusive;
13-33 (m)] (l), inclusive;
13-34 (n) An offense that is determined to be sexually motivated pursuant to
13-35 NRS 175.547; or
13-36 [(n)] (o) An offense committed in another jurisdiction that, if
13-37 committed in this state, would be an offense listed in this subsection.
13-38 Sec. 19. NRS 179D.035 is hereby amended to read as follows:
13-39 179D.035 “Convicted” includes, but is not limited to, an adjudication
13-40 of delinquency or a finding of guilt by a court having jurisdiction over
13-41 juveniles if the adjudication of delinquency or the finding of guilt is for the
13-42 commission of any of the following offenses:
13-43 1. A crime against a child that is listed in subsection 6 of NRS
13-44 179D.210.
13-45 2. A sexual offense that is listed in subsection [19] 20 of NRS
13-46 179D.410.
13-47 3. A sexual offense that is listed in paragraph (b) of subsection 3 of
13-48 NRS 62.600.
14-1 Sec. 20. NRS 179D.400 is hereby amended to read as follows:
14-2 179D.400 1. “Sex offender” means a person who, after July 1, 1956,
14-3 is or has been:
14-4 (a) Convicted of a sexual offense listed in NRS 179D.410; or
14-5 (b) Adjudicated delinquent or found guilty by a court having
14-6 jurisdiction over juveniles of a sexual offense listed in subsection [19] 20
14-7 of NRS 179D.410.
14-8 2. The term includes, but is not limited to:
14-9 (a) A sexually violent predator.
14-10 (b) A nonresident sex offender who is a student or worker within this
14-11 state.
14-12 Sec. 21. NRS 179D.410 is hereby amended to read as follows:
14-13 179D.410 “Sexual offense” means any of the following offenses:
14-14 1. Murder of the first degree committed in the perpetration or
14-15 attempted perpetration of sexual assault or of sexual abuse or sexual
14-16 molestation of a child less than 14 years of age pursuant to paragraph (b) of
14-17 subsection 1 of NRS 200.030.
14-18 2. Sexual assault pursuant to NRS 200.366.
14-19 3. Statutory sexual seduction pursuant to NRS 200.368.
14-20 4. Battery with intent to commit sexual assault pursuant to NRS
14-21 200.400.
14-22 5. An offense involving the administration of a drug to another person
14-23 with the intent to enable or assist the commission of a felony pursuant to
14-24 NRS 200.405, if the felony is an offense listed in this section.
14-25 6. An offense involving the administration of a controlled substance to
14-26 another person with the intent to enable or assist the commission of a crime
14-27 of violence pursuant to NRS 200.408, if the crime of violence is an offense
14-28 listed in this section.
14-29 7. Abuse of a child pursuant NRS 200.508, if the abuse involved
14-30 sexual abuse or sexual exploitation.
14-31 8. An offense involving pornography and a minor pursuant to NRS
14-32 200.710 to 200.730, inclusive.
14-33 9. Incest pursuant to NRS 201.180.
14-34 10. Solicitation of a minor to engage in acts constituting the infamous
14-35 crime against nature pursuant to NRS 201.195.
14-36 11. Open or gross lewdness pursuant to NRS 201.210.
14-37 12. Indecent or obscene exposure pursuant to NRS 201.220.
14-38 13. Lewdness with a child pursuant to NRS 201.230.
14-39 14. Sexual penetration of a dead human body pursuant to NRS
14-40 201.450.
14-41 15. Luring a child using a computer, system or network pursuant to
14-42 section 4 of this act, if punished as a felony.
14-43 16. Annoyance or molestation of a minor pursuant to NRS 207.260.
14-44 [16.] 17. An attempt to commit an offense listed in subsections 1 to
14-45 [15,] 16, inclusive.
14-46 [17.] 18. An offense that is determined to be sexually motivated
14-47 pursuant to NRS 175.547 or 207.193.
15-1 [18.] 19. An offense committed in another jurisdiction that, if
15-2 committed in this state, would be an offense listed in this section. This
15-3 subsection includes, but is not limited to, an offense prosecuted in:
15-4 (a) A tribal court.
15-5 (b) A court of the United States or the Armed Forces of the United
15-6 States.
15-7 [19.] 20. An offense of a sexual nature committed in another
15-8 jurisdiction, whether or not the offense would be an offense listed in this
15-9 section, if the person who committed the offense resides or has resided or
15-10 is or has been a student or worker in any jurisdiction in which the person is
15-11 or has been required by the laws of that jurisdiction to register as a sex
15-12 offender because of the offense. This subsection includes, but is not limited
15-13 to, an offense prosecuted in:
15-14 (a) A tribal court.
15-15 (b) A court of the United States or the Armed Forces of the United
15-16 States.
15-17 (c) A court having jurisdiction over juveniles.
15-18 Sec. 22. NRS 179D.610 is hereby amended to read as follows:
15-19 179D.610 1. “Sex offender” means a person who, after July 1, 1956,
15-20 is or has been:
15-21 (a) Convicted of a sexual offense listed in NRS 179D.620; or
15-22 (b) Adjudicated delinquent or found guilty by a court having
15-23 jurisdiction over juveniles of a sexual offense listed in subsection [19] 20
15-24 of NRS 179D.620.
15-25 2. The term includes, but is not limited to:
15-26 (a) A sexually violent predator.
15-27 (b) A nonresident sex offender who is a student or worker within this
15-28 state.
15-29 Sec. 23. NRS 179D.620 is hereby amended to read as follows:
15-30 179D.620 “Sexual offense” means any of the following offenses:
15-31 1. Murder of the first degree committed in the perpetration or
15-32 attempted perpetration of sexual assault or of sexual abuse or sexual
15-33 molestation of a child less than 14 years of age pursuant to paragraph (b) of
15-34 subsection 1 of NRS 200.030.
15-35 2. Sexual assault pursuant to NRS 200.366.
15-36 3. Statutory sexual seduction pursuant to NRS 200.368, if punished as
15-37 a felony.
15-38 4. Battery with intent to commit sexual assault pursuant to NRS
15-39 200.400.
15-40 5. An offense involving the administration of a drug to another person
15-41 with the intent to enable or assist the commission of a felony pursuant to
15-42 NRS 200.405, if the felony is an offense listed in this section.
15-43 6. An offense involving the administration of a controlled substance to
15-44 another person with the intent to enable or assist the commission of a crime
15-45 of violence pursuant to NRS 200.408, if the crime of violence is an offense
15-46 listed in this section.
15-47 7. Abuse of a child pursuant to NRS 200.508, if the abuse involved
15-48 sexual abuse or sexual exploitation and is punished as a felony.
16-1 8. An offense involving pornography and a minor pursuant to NRS
16-2 200.710 to 200.730, inclusive.
16-3 9. Incest pursuant to NRS 201.180.
16-4 10. Solicitation of a minor to engage in acts constituting the infamous
16-5 crime against nature pursuant to NRS 201.195, if punished as a felony.
16-6 11. Open or gross lewdness pursuant to NRS 201.210, if punished as a
16-7 felony.
16-8 12. Indecent or obscene exposure pursuant to NRS 201.220, if
16-9 punished as a felony.
16-10 13. Lewdness with a child pursuant to NRS 201.230.
16-11 14. Sexual penetration of a dead human body pursuant to NRS
16-12 201.450.
16-13 15. Luring a child using a computer, system or network pursuant to
16-14 section 4 of this act, if punished as a felony.
16-15 16. Annoyance or molestation of a minor pursuant to NRS 207.260, if
16-16 punished as a felony.
16-17 [16.] 17. An attempt to commit an offense listed in subsections 1 to
16-18 [15,] 16, inclusive, if punished as a felony.
16-19 [17.] 18. An offense that is determined to be sexually motivated
16-20 pursuant to NRS 175.547 or 207.193.
16-21 [18.] 19. An offense committed in another jurisdiction that, if
16-22 committed in this state, would be an offense listed in this section. This
16-23 subsection includes, but is not limited to, an offense prosecuted in:
16-24 (a) A tribal court.
16-25 (b) A court of the United States or the Armed Forces of the United
16-26 States.
16-27 [19.] 20. An offense of a sexual nature committed in another
16-28 jurisdiction and punished as a felony, whether or not the offense would be
16-29 an offense listed in this section, if the person who committed the offense
16-30 resides or has resided or is or has been a student or worker in any
16-31 jurisdiction in which the person is or has been required by the laws of that
16-32 jurisdiction to register as a sex offender because of the offense. This
16-33 subsection includes, but is not limited to, an offense prosecuted in:
16-34 (a) A tribal court.
16-35 (b) A court of the United States or the Armed Forces of the United
16-36 States.
16-37 (c) A court having jurisdiction over juveniles.
16-38 Sec. 24. Chapter 213 of NRS is hereby amended by adding thereto a
16-39 new section to read as follows:
16-40 1. Except as otherwise provided in subsection 2, if the board releases
16-41 on parole a prisoner convicted of an offense that involved the use of a
16-42 computer, system or network, the board shall, in addition to any other
16-43 condition of parole, require as a condition of parole that the defendant
16-44 not own or use a computer, including, without limitation, use electronic
16-45 mail, a chat room or the Internet.
16-46 2. The board is not required to impose a condition of parole set forth
16-47 in subsection 1 if the board finds that extraordinary circumstances are
16-48 present and the board states those extraordinary circumstances in
16-49 writing.
17-1 3. As used in this section:
17-2 (a) “Computer” has the meaning ascribed to it in NRS 205.4735.
17-3 (b) “Network” has the meaning ascribed to it in NRS 205.4745.
17-4 (c) “System” has the meaning ascribed to it in NRS 205.476.
17-5 Sec. 25. NRS 213.107 is hereby amended to read as follows:
17-6 213.107 As used in NRS 213.107 to 213.157, inclusive, and section 24
17-7 of this act, unless the context otherwise requires:
17-8 1. “Board” means the state board of parole commissioners.
17-9 2. “Chief” means the chief parole and probation officer.
17-10 3. “Division” means the division of parole and probation of the
17-11 department of motor vehicles and public safety.
17-12 4. “Residential confinement” means the confinement of a person
17-13 convicted of a crime to his place of residence under the terms and
17-14 conditions established by the board.
17-15 5. “Sex offender” means any person who has been or is convicted of a
17-16 sexual offense.
17-17 6. “Sexual offense” means:
17-18 (a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS
17-19 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph
17-20 (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195,
17-21 NRS 201.230 or 201.450[;] or paragraph (a) or (b) of subsection 3 of
17-22 section 4 of this act;
17-23 (b) An attempt to commit any offense listed in paragraph (a); or
17-24 (c) An act of murder in the first or second degree, kidnapping in the first
17-25 or second degree, false imprisonment, burglary or invasion of the home if
17-26 the act is determined to be sexually motivated at a hearing conducted
17-27 pursuant to NRS 175.547.
17-28 7. “Standards” means the objective standards for granting or revoking
17-29 parole or probation which are adopted by the board or the chief.
17-30 Sec. 26. NRS 213.1214 is hereby amended to read as follows:
17-31 213.1214 1. The board shall not release on parole a prisoner
17-32 convicted of an offense listed in subsection 5 unless a panel consisting of:
17-33 (a) The administrator of the division of mental health and
17-34 developmental services of the department of human resources or his
17-35 designee;
17-36 (b) The director of the department of prisons or his designee; and
17-37 (c) A psychologist licensed to practice in this state or a psychiatrist
17-38 licensed to practice medicine in this state,
17-39 certifies that the prisoner was under observation while confined in an
17-40 institution of the department of prisons and is not a menace to the health,
17-41 safety or morals of others.
17-42 2. A prisoner who has been certified pursuant to subsection 1 and who
17-43 returns for any reason to the custody of the department of prisons may not
17-44 be paroled unless a panel recertifies him in the manner set forth in
17-45 subsection 1.
17-46 3. The panel may revoke the certification of a prisoner certified
17-47 pursuant to subsection 1 at any time.
17-48 4. This section does not create a right in any prisoner to be certified or
17-49 continue to be certified. No prisoner may bring a cause of action against
18-1 the state, its political subdivisions, agencies, boards, commissions,
18-2 departments, officers or employees for not certifying or refusing to place a
18-3 prisoner before a panel for certification pursuant to this section.
18-4 5. The provisions of this section apply to a prisoner convicted of any
18-5 of the following offenses:
18-6 (a) Sexual assault pursuant to NRS 200.366.
18-7 (b) Statutory sexual seduction pursuant to NRS 200.368.
18-8 (c) Battery with intent to commit sexual assault pursuant to NRS
18-9 200.400.
18-10 (d) Abuse or neglect of a child pursuant to NRS 200.508.
18-11 (e) An offense involving pornography and a minor pursuant to NRS
18-12 200.710 to 200.730, inclusive.
18-13 (f) Incest pursuant to NRS 201.180.
18-14 (g) Solicitation of a minor to engage in acts constituting the infamous
18-15 crime against nature pursuant to NRS 201.195.
18-16 (h) Open or gross lewdness pursuant to NRS 201.210.
18-17 (i) Indecent or obscene exposure pursuant to NRS 201.220.
18-18 (j) Lewdness with a child pursuant to NRS 201.230.
18-19 (k) Sexual penetration of a dead human body pursuant to NRS 201.450.
18-20 (l) Luring a child using a computer, system or network pursuant to
18-21 section 4 of this act, if punished as a felony.
18-22 (m) An attempt to commit an offense listed in paragraphs (a) to [(l),
18-23 inclusive.
18-24 (m)] (m), inclusive.
18-25 (n) Coercion or attempted coercion that is determined to be sexually
18-26 motivated pursuant to NRS 207.193.
18-27 Sec. 27. NRS 213.1255 is hereby amended to read as follows:
18-28 213.1255 1. In addition to any conditions of parole required to be
18-29 imposed pursuant to NRS 213.1245, as a condition of releasing on parole a
18-30 prisoner who was convicted of committing an offense listed in subsection 2
18-31 against a child under the age of 14 years, the board shall, when appropriate:
18-32 (a) Require the parolee to participate in psychological counseling;
18-33 (b) Prohibit the parolee from being alone with a child unless another
18-34 adult who has never been convicted of a sexual offense is present; and
18-35 (c) Prohibit the parolee from being on or near the grounds of any place
18-36 that is primarily designed for use by or for children, including, without
18-37 limitation, a public or private school, a center or facility that provides day
18-38 care services, a video arcade and an amusement park.
18-39 2. The provisions of subsection 1 apply to a prisoner who was
18-40 convicted of:
18-41 (a) Sexual assault pursuant to paragraph (c) of subsection 3 of NRS
18-42 200.366;
18-43 (b) Abuse or neglect of a child pursuant to paragraph (a) of subsection 2
18-44 of NRS 200.508;
18-45 (c) An offense punishable pursuant to subsection 2 of NRS 200.750;
18-46 (d) Solicitation of a minor to engage in acts constituting the infamous
18-47 crime against nature pursuant to subparagraph (1) of paragraph (a) of
18-48 subsection 1 of NRS 201.195;
18-49 (e) Lewdness with a child pursuant to NRS 201.230; [or]
19-1 (f) Luring a child using a computer, system or network pursuant to
19-2 section 4 of this act, if punished as a felony; or
19-3 (g) Any combination of the crimes listed in paragraphs (a) to [(e),] (f),
19-4 inclusive.
19-5 Sec. 28. NRS 239A.070 is hereby amended to read as follows:
19-6 239A.070 This chapter does not apply to any subpoena issued pursuant
19-7 to Title 14 or chapters 616A to 617, inclusive, of NRS or prohibit:
19-8 1. Dissemination of any financial information which is not identified
19-9 with or identifiable as being derived from the financial records of a
19-10 particular customer.
19-11 2. The attorney general, district attorney, department of taxation,
19-12 public administrator, sheriff or a police department from requesting of a
19-13 financial institution, and the institution from responding to the request, as
19-14 to whether a person has an account or accounts with that financial
19-15 institution and, if so, any identifying numbers of the account or accounts.
19-16 3. A financial institution, in its discretion, from initiating contact with
19-17 and thereafter communicating with and disclosing the financial records of a
19-18 customer to appropriate governmental agencies concerning a suspected
19-19 violation of any law.
19-20 4. Disclosure of the financial records of a customer incidental to a
19-21 transaction in the normal course of business of the financial institution if
19-22 the director, officer, employee or agent of the financial institution who
19-23 makes or authorizes the disclosure has no reasonable cause to believe that
19-24 such records will be used by a governmental agency in connection with an
19-25 investigation of the customer.
19-26 5. A financial institution from notifying a customer of the receipt of a
19-27 subpoena or a search warrant to obtain his financial records, except when
19-28 ordered by a court to withhold such notification.
19-29 6. The examination by or disclosure to any governmental regulatory
19-30 agency of financial records which relate solely to the exercise of its
19-31 regulatory function if the agency is specifically authorized by law to
19-32 examine, audit or require reports of financial records of financial
19-33 institutions.
19-34 7. The disclosure to any governmental agency of any financial
19-35 information or records whose disclosure to that particular agency is
19-36 required by the tax laws of this state.
19-37 8. The disclosure of any information pursuant to NRS 425.393,
19-38 425.400 or 425.460.
19-39 9. A governmental agency from obtaining a credit report or consumer
19-40 credit report from anyone other than a financial institution.
19-41 10. The disclosure of any information pursuant to section 1 of this
19-42 act.
19-43 Sec. 29. Chapter 379 of NRS is hereby amended by adding thereto a
19-44 new section to read as follows:
19-45 1. Each public library in this state that provides children with public
19-46 access to the Internet shall adopt a policy to limit access of children to
19-47 obscene material on the Internet.
19-48 2. As used in this section:
20-1 (a) “Material” means anything that is capable of being used or
20-2 adapted to arouse interest, whether or not through the medium of
20-3 reading, observation, sound or in any other manner.
20-4 (b) “Obscene” has the meaning ascribed to it in NRS 201.235.
20-5 Sec. 30. Chapter 392 of NRS is hereby amended by adding thereto a
20-6 new section to read as follows:
20-7 1. The department shall adopt a policy to limit access of children to
20-8 obscene material on the Internet in public schools.
20-9 2. As used in this section:
20-10 (a) “Material” means anything that is capable of being used or
20-11 adapted to arouse interest, whether or not through the medium of
20-12 reading, observation, sound or in any other manner.
20-13 (b) “Obscene” has the meaning ascribed to it in NRS 201.235.
20-14 Sec. 31. The amendatory provisions of this act do not apply to
20-15 offenses committed before the effective date of this act.
20-16 Sec. 32. This act becomes effective upon passage and approval.
20-17 H