Senate Bill No. 551–Committee on Judiciary
CHAPTER..........
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 193 of NRS is hereby amended by adding thereto a
new section to read as follows:
1. A provider of Internet service who violates the provisions of 18
U.S.C. § 2703, as that section existed on the effective date of this act, is
guilty of a misdemeanor and shall be punished by a fine of not less than
$50 or more than $500 for each violation.
2. In investigating criminal activity that involves or may involve the
use of a computer, the attorney general, a district attorney, the sheriff of
any county in this state, the head of any organized police department of
any municipality in this state, the head of any department of this state
engaged in the enforcement of any criminal law of this state and any
sheriff or chief of police of a municipality may, if there is reasonable
cause to believe that an individual subscriber or customer of a provider
of Internet service has committed an offense through the use of the
services of the provider of Internet service that is punishable as a felony,
issue a subpoena to carry out the procedure set forth in 18 U.S.C. §
2703, as that section existed on the effective date of this act, to compel
the provider of Internet service to provide information concerning the
individual subscriber or customer that the provider of Internet service is
required to disclose pursuant to 18 U.S.C. § 2703, as that section existed
on the effective date of this act.
3. If a person who has been issued a subpoena pursuant to
subsection 2 refuses to produce any information that the subpoena
requires, the person who issued the subpoena may apply to the district
court for the judicial district in which the investigation is being carried
out for the enforcement of the subpoena in the manner provided by law
for the enforcement of a subpoena in a civil action.
4. As used in this section, “provider of Internet service” has the
meaning ascribed to it in NRS 205.4758, but does not include a public
library when it is engaged in providing access to the Internet.
Sec. 2. NRS 200.571 is hereby amended to read as follows:
200.571 1. A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly threatens:
(1) To cause bodily injury in the future to the person threatened or to
any other person;
(2) To cause physical damage to the property of another person;
(3) To subject the person threatened or any other person to physical
confinement or restraint; or
(4) To do any act which is intended to substantially harm the person
threatened or any other person with respect to his physical or mental
health or safety; and
(b) The person by words or conduct places the person receiving the
threat in reasonable fear that the threat will be carried out.
2. Except where the provisions of subsection 2 or 3 of NRS 200.575
are applicable, a person who is guilty of harassment:
(a) For the first offense, is guilty of a misdemeanor.
(b) For the second or any subsequent offense, is guilty of a gross
misdemeanor.
3. The penalties provided in this section do not preclude the victim
from seeking any other legal remedy available.
Sec. 3. NRS 200.575 is hereby amended to read as follows:
200.575 1. A person who, without lawful authority, willfully or
maliciously engages in a course of conduct that would cause a reasonable
person to feel terrorized, frightened, intimidated or harassed, and that
actually causes the victim to feel terrorized, frightened, intimidated or
harassed, commits the crime of stalking. Except where the provisions of
subsection 2 or 3 are applicable, a person who commits the crime of
stalking:
(a) For the first offense, is guilty of a misdemeanor.
(b) For any subsequent offense, is guilty of a gross misdemeanor.
2. A person who:
(a) Commits the crime of stalking and in conjunction therewith
threatens the person with the intent to cause him to be placed in reasonable
fear of death or substantial bodily harm;
(b) Commits the crime of stalking on his spouse while a proceeding for
the dissolution of their marriage is pending for which he has actual or legal
notice or within 6 months after entry of the final decree of dissolution; or
(c) Commits the crime of stalking on a person with whom he has a child
in common while a proceeding for the custody of that child is pending for
which he has actual or legal notice,
commits the crime of aggravated stalking.
3. A person who commits the crime of stalking with the use of an
Internet or network site or electronic mail or any other similar means of
communication to publish, display or distribute information in a manner
that substantially increases the risk of harm or violence to the victim
shall be punished for a category C felony as provided in NRS 193.130.
4. A person who commits the crime of aggravated stalking shall be
punished:
(a) If he commits the crime set forth in paragraph (a) of subsection 2,
for a category B felony by imprisonment in the state prison for a minimum
term of not less than 2 years and a maximum term of not more than 15
years, and may be further punished by a fine of not more than $5,000.
(b) If he commits the crime set forth in paragraph (b) or (c) of
subsection 2:
(1) For the first offense, for a gross misdemeanor.
(2) For the second and any subsequent offense, for a category B
felony by imprisonment in the state prison for a minimum term of not less
than 2 years and a maximum term of not more than 15 years, and may be
further punished by a fine of not more than $5,000.
[4.] 5. Except as otherwise provided in subsection 2 of NRS 200.571,
a criminal penalty provided for in this section may be imposed in addition
to any penalty that may be imposed for any other criminal offense arising
from the same conduct or for any contempt of court arising from the same
conduct.
[5.] 6. The penalties provided in this section do not preclude the
victim from seeking any other legal remedy available.
[6.] 7. As used in this section:
(a) “Course of conduct” means a pattern of conduct which consists of a
series of acts over time that evidences a continuity of purpose directed at a
specific person.
(b) “Internet or network site” means any identifiable site on the
Internet or on a network. The term includes, without limitation:
(1) A website or other similar site on the World Wide Web;
(2) A site that is identifiable through a Uniform Resource Location;
(3) A site on a network that is owned, operated, administered or
controlled by a provider of Internet service;
(4) An electronic bulletin board;
(5) A list server;
(6) A newsgroup; or
(7) A chat room.
(c) “Network” has the meaning ascribed to it in NRS 205.4745.
(d) “Provider of Internet service” has the meaning ascribed to it in
NRS 205.4758.
(e) “Without lawful authority” includes acts which are initiated or
continued without the victim’s consent. The term does not include acts
which are otherwise protected or authorized by constitutional or statutory
law, regulation or order of a court of competent jurisdiction, including, but
not limited to:
(1) Picketing which occurs during a strike, work stoppage or any
other labor dispute.
(2) The activities of a reporter, photographer, cameraman or other
person while gathering information for communication to the public if that
person is employed or engaged by or has contracted with a newspaper,
periodical, press association or radio or television station and is acting
solely within that professional capacity.
(3) The activities of a person that are carried out in the normal course
of his lawful employment.
(4) Any activities carried out in the exercise of the constitutionally
protected rights of freedom of speech and assembly.
Sec. 4. Chapter 201 of NRS is hereby amended by adding thereto a
new section to read as follows:
1. Except as otherwise provided in subsection 2, a person shall not
use a computer, system or network to knowingly contact or communicate
with or attempt to contact or communicate with a child who is less than
16 years of age and who is at least 5 years younger than the person with
the intent to persuade, lure or transport the child away from his home or
from any location known to his parent or guardian or other person
legally responsible for the child to a place other than where the child is
located, for any purpose:
(a) Without the express consent of the parent or guardian or other
person legally responsible for the child; and
(b) With the intent to avoid the consent of the parent or guardian or
other person legally responsible for the child.
2. The provisions of this section do not apply if the contact or
communication is made or attempted with the intent to prevent imminent
bodily, emotional or psychological harm to the child.
3. A person who violates or attempts to violate the provisions of this
section:
(a) With the intent to engage in sexual conduct with the child or to
cause the child to engage in sexual conduct, 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 10 years and may be further punished by a fine of not more than
$10,000;
(b) By providing the child with obscene material or requesting the
child to provide the person with obscene material, is guilty of a category
C felony and shall be punished as provided in NRS 193.130; or
(c) If paragraph (a) or (b) does not apply, is guilty of a gross
misdemeanor.
4. As used in this section:
(a) “Computer” has the meaning ascribed to it in NRS 205.4735.
(b) “Material” means anything that is capable of being used or
adapted to arouse interest, whether through the medium of reading,
observation, sound or in any other manner.
(c) “Network” has the meaning ascribed to it in NRS 205.4745.
(d) “Obscene” has the meaning ascribed to it in NRS 201.235.
(e) “Sexual conduct” has the meaning ascribed to it in NRS 201.520.
(f) “System” has the meaning ascribed to it in NRS 205.476.
Sec. 5. Chapter 202 of NRS is hereby amended by adding thereto a
new section to read as follows:
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 pursuant to this section as a civil
penalty must be deposited in the same manner as money is deposited
pursuant to subsection 6 of NRS 202.2493.
3. Every person who sells or distributes cigarettes, cigarette paper,
tobacco of any description or products made from tobacco through the
use of the Internet shall adopt a policy to prevent a child under the age
of 18 years from obtaining cigarettes, cigarette paper, tobacco of any
description or products made from tobacco from the person through the
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 18 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.
Sec. 6. NRS 202.055 is hereby amended to read as follows:
202.055 1. Every person who knowingly:
(a) Sells, gives or otherwise furnishes an alcoholic beverage to any
person under 21 years of age;
(b) Leaves or deposits any alcoholic beverage in any place with the
intent that it will be procured by any person under 21 years of age; or
(c) Furnishes, gives, or causes to be given any money or thing of value
to any person under 21 years of age with the knowledge that the money or
thing of value is to be used by the person under 21 years of age to
purchase or procure any alcoholic beverage,
is guilty of a misdemeanor.
2. Paragraph (a) of subsection 1 does not apply to a parent, guardian or
physician of the person under 21 years of age.
3. Every person who sells, gives or otherwise furnishes alcoholic
beverages through the use of the Internet shall adopt a policy to prevent
a person under 21 years of age from obtaining an alcoholic beverage
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.
Sec. 7. NRS 202.2485 is hereby amended to read as follows:
202.2485 As used in NRS 202.2485 to 202.2497, inclusive[:] , and
section 5 of this act:
1. “Distribute” includes furnishing, giving away or providing products
made from tobacco or samples thereof at no cost to promote the product,
whether or not in combination with a sale.
2. “Health authority” means the district health officer in a district, or
his designee, or, if none, the state health officer, or his designee.
Sec. 8. NRS 202.249 is hereby amended to read as follows:
202.249 1. It is the public policy of the State of Nevada and the
purpose of NRS 202.2491, 202.24915 and 202.2492 to place restrictions
on the smoking of tobacco in public places to protect human health and
safety.
2. The quality of air is declared to be affected with the public interest
and NRS 202.2491, 202.24915 and 202.2492 are enacted in the exercise of
the police power of this state to protect the health, peace, safety and
general welfare of its people.
3. Health authorities, police officers of cities or towns, sheriffs and
their deputies and other peace officers of this state shall, within their
respective jurisdictions, enforce the provisions of NRS 202.2491,
202.24915 and 202.2492. Police officers of cities or towns, sheriffs and
their deputies and other peace officers of this state shall, within their
respective jurisdictions, enforce the provisions of NRS 202.2493 and
202.2494[.]and section 5 of this act.
4. An agency, board, commission or political subdivision of this state,
including any agency, board, commission or governing body of a local
government, shall not impose more stringent restrictions on the smoking,
use, sale, distribution, marketing, display or promotion of tobacco or
products made from tobacco than are provided by NRS 202.2491,
202.24915, 202.2492, 202.2493 and 202.2494[.] and section 5 of this act.
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.
Sec. 11. NRS 176.0931 is hereby amended to read as follows:
176.0931 1. If a defendant is convicted of a sexual offense, the court
shall include in sentencing, in addition to any other penalties provided by
law, a special sentence of lifetime supervision.
2. The special sentence of lifetime supervision commences after any
period of probation or any term of imprisonment and any period of release
on parole.
3. A person sentenced to lifetime supervision may petition the district
court in whose jurisdiction he resides for release from lifetime supervision.
The court shall grant a petition for release from a special sentence of
lifetime supervision if:
(a) The person has not been convicted of an offense that poses a threat
to the safety or well-being of others for an interval of at least 15
consecutive years after his last conviction or release from incarceration,
whichever occurs later; and
(b) The person is not likely to pose a threat to the safety of others if
released from lifetime supervision.
4. A person who is released from lifetime supervision pursuant to the
provisions of subsection 3 remains subject to the provisions for
registration as a sex offender and to the provisions for community
notification, unless he is otherwise relieved from the operation of those
provisions pursuant to the provisions of NRS 179D.350 to 179D.800,
inclusive.
5. As used in this section:
(a) “Offense that poses a threat to the safety or well-being of others” has
the meaning ascribed to it in NRS 179D.060.
(b) “Sexual offense” means:
(1) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS
200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph
(a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195,
NRS 201.230 or 201.450[;] or paragraph (a) or (b) of subsection 3 of
section 4 of this act;
(2) An attempt to commit an offense listed in subparagraph (1); or
(3) An act of murder in the first or second degree, kidnapping in the
first or second degree, false imprisonment, burglary or invasion of the
home if the act is determined to be sexually motivated at a hearing
conducted pursuant to NRS 175.547.
Sec. 12. NRS 176.133 is hereby amended to read as follows:
176.133 As used in NRS 176.133 to 176.159, inclusive, unless the
context otherwise requires:
1. “Person professionally qualified to conduct psychosexual
evaluations” means a person who has received training in conducting
psychosexual evaluations and is:
(a) A psychiatrist licensed to practice medicine in this state and certified
by the American Board of Psychiatry and Neurology;
(b) A psychologist licensed to practice in this state;
(c) A social worker holding a master’s degree in social work and
licensed in this state as a clinical social worker;
(d) A registered nurse holding a master’s degree in the field of
psychiatric nursing and licensed to practice professional nursing in this
state; or
(e) A marriage and family therapist licensed in this state pursuant to
chapter 641A of NRS.
2. “Psychosexual evaluation” means an evaluation conducted pursuant
to NRS 176.139.
3. “Sexual offense” means:
(a) Sexual assault pursuant to NRS 200.366;
(b) Statutory sexual seduction pursuant to NRS 200.368, if punished as
a felony;
(c) Battery with intent to commit sexual assault pursuant to NRS
200.400;
(d) Abuse of a child pursuant to NRS 200.508, if the abuse involved
sexual abuse or sexual exploitation and is punished as a felony;
(e) An offense involving pornography and a minor pursuant to NRS
200.710 to 200.730, inclusive;
(f) Incest pursuant to NRS 201.180;
(g) Solicitation of a minor to engage in acts constituting the infamous
crime against nature pursuant to NRS 201.195, if punished as a felony;
(h) Open or gross lewdness pursuant to NRS 201.210, if punished as a
felony;
(i) Indecent or obscene exposure pursuant to NRS 201.220, if punished
as a felony;
(j) Lewdness with a child pursuant to NRS 201.230;
(k) Sexual penetration of a dead human body pursuant to NRS 201.450;
(l) Luring a child using a computer, system or network pursuant to
section 4 of this act, if punished as a felony;
(m) Annoyance or molestation of a minor pursuant to NRS 207.260, if
punished as a felony;
[(m)] (n) An attempt to commit an offense listed in paragraphs (a) to
[(l),] (m), inclusive, if punished as a felony; or
[(n)] (o) An offense that is determined to be sexually motivated
pursuant to NRS 175.547 or 207.193.
Sec. 13. Chapter 176A of NRS is hereby amended by adding thereto a
new section to read as follows:
1. Except as otherwise provided in subsection 2, if a defendant is
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 court shall, 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.
2. The court is not required to impose a condition of probation or
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.
4. As used in this section:
(a) “Computer” has the meaning ascribed to it in NRS 205.4735.
(b) “Network” has the meaning ascribed to it in NRS 205.4745.
(c) “System” has the meaning ascribed to it in NRS 205.476.
Sec. 14. NRS 176A.110 is hereby amended to read as follows:
176A.110 1. The court shall not grant probation to or suspend the
sentence of a person convicted of an offense listed in subsection 3 unless a
psychologist licensed to practice in this state or a psychiatrist licensed to
practice medicine in this state certifies that the person is not a menace to
the health, safety or morals of others.
2. This section does not create a right in any person to be certified or
continue to be certified and no person may bring a cause of action against
the state, its political subdivisions, agencies, boards, commissions,
departments, officers or employees for not certifying or refusing to
consider a person for certification pursuant to this section.
3. The provisions of this section apply to a person convicted of any of
the following offenses:
(a) Attempted sexual assault of a person who is 16 years of age or older
pursuant to NRS 200.366.
(b) Statutory sexual seduction pursuant to NRS 200.368.
(c) Battery with intent to commit sexual assault pursuant to NRS
200.400.
(d) Abuse or neglect of a child pursuant to NRS 200.508.
(e) An offense involving pornography and a minor pursuant to NRS
200.710 to 200.730, inclusive.
(f) Incest pursuant to NRS 201.180.
(g) Solicitation of a minor to engage in acts constituting the infamous
crime against nature pursuant to NRS 201.195.
(h) Open or gross lewdness pursuant to NRS 201.210.
(i) Indecent or obscene exposure pursuant to NRS 201.220.
(j) Lewdness with a child pursuant to NRS 201.230.
(k) Sexual penetration of a dead human body pursuant to NRS 201.450.
(l) Luring a child using a computer, system or network pursuant to
section 4 of this act, if punished as a felony.
(m) A violation of NRS 207.180.
[(m)] (n) An attempt to commit an offense listed in paragraphs (b) to
[(l),] (m), inclusive.
[(n)] (o) Coercion or attempted coercion that is determined to be
sexually motivated pursuant to NRS 207.193.
Sec. 15. NRS 178.5698 is hereby amended to read as follows:
178.5698 1. The prosecuting attorney, sheriff or chief of police shall,
upon the written request of a victim or witness, inform him:
(a) When the defendant is released from custody at any time before or
during the trial;
(b) If the defendant is so released, the amount of bail required, if any;
and
(c) Of the final disposition of the criminal case in which he was directly
involved.
2. If an offender is convicted of a sexual offense or an offense
involving the use or threatened use of force or violence against the victim,
the court shall provide:
(a) To each witness, documentation that includes:
(1) A form advising the witness of the right to be notified pursuant to
subsection 4;
(2) The form that the witness must use to request notification; and
(3) The form or procedure that the witness must use to provide a
change of address after a request for notification has been submitted.
(b) To each person listed in subsection 3, documentation that includes:
(1) A form advising the person of the right to be notified pursuant to
subsection 4 or 5 and NRS 176.015, 176A.630, 209.392, 209.3925,
209.521, 213.010, 213.040, 213.095 and 213.130;
(2) The forms that the person must use to request notification; and
(3) The forms or procedures that the person must use to provide a
change of address after a request for notification has been submitted.
3. The following persons are entitled to receive documentation
pursuant to paragraph (b) of subsection 2:
(a) A person against whom the offense is committed.
(b) A person who is injured as a direct result of the commission of the
offense.
(c) If a person listed in paragraph (a) or (b) is under the age of 18 years,
each parent or guardian who is not the offender.
(d) Each surviving spouse, parent and child of a person who is killed as
a direct result of the commission of the offense.
(e) A relative of a person listed in paragraphs (a) to (d), inclusive, if the
relative requests in writing to be provided with the documentation.
4. Except as otherwise provided in subsection 5, if the offense was a
felony and the offender is imprisoned, the warden of the prison shall, if the
victim or witness so requests in writing and provides his current address,
notify him at that address when the offender is released from the prison.
5. If the offender was convicted of a violation of subsection 3 of NRS
200.366 or a violation of subsection 2 of NRS 200.508, the warden of the
prison shall notify:
(a) The immediate family of the victim if the immediate family provides
their current address;
(b) Any member of the victim’s family related within the third degree of
consanguinity, if the member of the victim’s family so requests in writing
and provides his current address; and
(c) The victim, if he will be 18 years of age or older at the time of the
release and has provided his current address,
before the offender is released from prison.
6. The warden must not be held responsible for any injury proximately
caused by his failure to give any notice required pursuant to this section if
no address was provided to him or if the address provided is inaccurate or
not current.
7. As used in this section:
(a) “Immediate family” means any adult relative of the victim living in
the victim’s household.
(b) “Sexual offense” means:
(1) Sexual assault pursuant to NRS 200.366;
(2) Statutory sexual seduction pursuant to NRS 200.368;
(3) Battery with intent to commit sexual assault pursuant to NRS
200.400;
(4) An offense involving pornography and a minor pursuant to NRS
200.710 to 200.730, inclusive;
(5) Incest pursuant to NRS 201.180;
(6) Solicitation of a minor to engage in acts constituting the infamous
crime against nature pursuant to NRS 201.195;
(7) Open or gross lewdness pursuant to NRS 201.210;
(8) Indecent or obscene exposure pursuant to NRS 201.220;
(9) Lewdness with a child pursuant to NRS 201.230;
(10) Sexual penetration of a dead human body pursuant to NRS
201.450;
(11) Luring a child using a computer, system or network pursuant
to section 4 of this act, if punished as a felony;
(12) Annoyance or molestation of a minor pursuant to NRS 207.260;
[(12)] (13) An offense that, pursuant to a specific statute, is
determined to be sexually motivated; or
[(13)] (14) An attempt to commit an offense listed in this paragraph.
Sec. 16. NRS 179.460 is hereby amended to read as follows:
179.460 1. The attorney general or the district attorney of any county
may apply to a supreme court justice or to a district judge in the county
where the interception is to take place for an order authorizing the
interception of wire or oral communications, and the judge may, in
accordance with NRS 179.470 to 179.515, inclusive, grant an order
authorizing the interception of wire or oral communications by
investigative or law enforcement officers having responsibility for the
investigation of the offense as to which the application is made, when the
interception may provide evidence of the commission of murder,
kidnapping, robbery, extortion, bribery, destruction of public property by
explosives, a sexual offense against a child or the commission of any
offense which is made a felony by the provisions of chapter 453 or 454 of
NRS.
2. A good faith reliance by a public utility on a court order shall
constitute a complete defense to any civil or criminal action brought
against the public utility on account of any interception made pursuant to
the order.
3. As used in this section, “sexual offense against a child” includes any
act upon a child constituting:
(a) Incest pursuant to NRS 201.180;
(b) Lewdness with a child pursuant to NRS 201.230;
(c) Annoyance or molestation of a child pursuant to NRS 207.260;
(d) Sado-masochistic abuse pursuant to NRS 201.262;
(e) Sexual assault pursuant to NRS 200.366;
(f) Statutory sexual seduction pursuant to NRS 200.368; [or]
(g) Open or gross lewdness pursuant to NRS 201.210[.] ; or
(h) Luring a child using a computer, system or network pursuant to
section 4 of this act, if punished as a felony.
Sec. 17. NRS 179A.073 is hereby amended to read as follows:
179A.073 1. “Sexual offense” includes acts upon a child
constituting:
(a) Sexual assault under NRS 200.366;
(b) Statutory sexual seduction under NRS 200.368;
(c) Use of a minor in producing pornography under NRS 200.710;
(d) Promotion of a sexual performance of a minor under NRS 200.720;
(e) Possession of a visual presentation depicting the sexual conduct of a
child under NRS 200.730;
(f) Incest under NRS 201.180;
(g) Solicitation of a minor to engage in the infamous crime against
nature under NRS 201.195;
(h) Lewdness with a child under NRS 201.230; [or]
(i) Luring a child using a computer, system or network pursuant to
section 4 of this act, if punished as a felony; or
(j) Annoyance or molestation of a minor under NRS 207.260.
2. “Sexual offense” also includes acts committed outside the state that
would constitute any of the offenses in subsection 1 if committed in the
state, and the aiding, abetting, attempting or conspiring to engage in any of
the offenses in subsection 1.
Sec. 18. NRS 179A.280 is hereby amended to read as follows:
179A.280 As used in this section and NRS 179A.270[, 179A.280]
and 179A.290:
1. “Juvenile sex offender” means a child adjudicated delinquent for an
act that, if committed by an adult, would be a sexual offense.
2. “Sexual offense” means:
(a) Sexual assault pursuant to NRS 200.366;
(b) Statutory sexual seduction pursuant to NRS 200.368;
(c) Battery with intent to commit sexual assault pursuant to NRS
200.400;
(d) An offense involving pornography and a minor pursuant to NRS
200.710 to 200.730, inclusive;
(e) Incest pursuant to NRS 201.180;
(f) Solicitation of a minor to engage in acts constituting the infamous
crime against nature pursuant to NRS 201.195;
(g) Open or gross lewdness pursuant to NRS 201.210;
(h) Indecent or obscene exposure pursuant to NRS 201.220;
(i) Lewdness with a child pursuant to NRS 201.230;
(j) Sexual penetration of a dead human body pursuant to NRS 201.450;
(k) Luring a child using a computer, system or network pursuant to
section 4 of this act, if punished as a felony;
(l) Annoyance or molestation of a minor pursuant to NRS 207.260;
[(l)] (m) An attempt to commit an offense listed in paragraphs (a) to
[(k), inclusive;
(m)] (l), inclusive;
(n) An offense that is determined to be sexually motivated pursuant to
NRS 175.547; or
[(n)] (o) An offense committed in another jurisdiction that, if
committed in this state, would be an offense listed in this subsection.
Sec. 19. NRS 179D.035 is hereby amended to read as follows:
179D.035 “Convicted” includes, but is not limited to, an adjudication
of delinquency or a finding of guilt by a court having jurisdiction over
juveniles if the adjudication of delinquency or the finding of guilt is for the
commission of any of the following offenses:
1. A crime against a child that is listed in subsection 6 of NRS
179D.210.
2. A sexual offense that is listed in subsection [19] 20 of NRS
179D.410.
3. A sexual offense that is listed in paragraph (b) of subsection 3 of
NRS 62.600.
Sec. 20. NRS 179D.400 is hereby amended to read as follows:
179D.400 1. “Sex offender” means a person who, after July 1, 1956,
is or has been:
(a) Convicted of a sexual offense listed in NRS 179D.410; or
(b) Adjudicated delinquent or found guilty by a court having
jurisdiction over juveniles of a sexual offense listed in subsection [19] 20
of NRS 179D.410.
2. The term includes, but is not limited to:
(a) A sexually violent predator.
(b) A nonresident sex offender who is a student or worker within this
state.
Sec. 21. NRS 179D.410 is hereby amended to read as follows:
179D.410 “Sexual offense” means any of the following offenses:
1. Murder of the first degree committed in the perpetration or
attempted perpetration of sexual assault or of sexual abuse or sexual
molestation of a child less than 14 years of age pursuant to paragraph (b)
of subsection 1 of NRS 200.030.
2. Sexual assault pursuant to NRS 200.366.
3. Statutory sexual seduction pursuant to NRS 200.368.
4. Battery with intent to commit sexual assault pursuant to NRS
200.400.
5. An offense involving the administration of a drug to another person
with the intent to enable or assist the commission of a felony pursuant to
NRS 200.405, if the felony is an offense listed in this section.
6. An offense involving the administration of a controlled substance to
another person with the intent to enable or assist the commission of a
crime of violence pursuant to NRS 200.408, if the crime of violence is an
offense listed in this section.
7. Abuse of a child pursuant NRS 200.508, if the abuse involved
sexual abuse or sexual exploitation.
8. An offense involving pornography and a minor pursuant to NRS
200.710 to 200.730, inclusive.
9. Incest pursuant to NRS 201.180.
10. Solicitation of a minor to engage in acts constituting the infamous
crime against nature pursuant to NRS 201.195.
11. Open or gross lewdness pursuant to NRS 201.210.
12. Indecent or obscene exposure pursuant to NRS 201.220.
13. Lewdness with a child pursuant to NRS 201.230.
14. Sexual penetration of a dead human body pursuant to NRS
201.450.
15. Luring a child using a computer, system or network pursuant to
section 4 of this act, if punished as a felony.
16. Annoyance or molestation of a minor pursuant to NRS 207.260.
[16.] 17. An attempt to commit an offense listed in subsections 1 to
[15,] 16, inclusive.
[17.] 18. An offense that is determined to be sexually motivated
pursuant to NRS 175.547 or 207.193.
[18.] 19. An offense committed in another jurisdiction that, if
committed in this state, would be an offense listed in this section. This
subsection includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United
States.
[19.] 20. An offense of a sexual nature committed in another
jurisdiction, whether or not the offense would be an offense listed in this
section, if the person who committed the offense resides or has resided or
is or has been a student or worker in any jurisdiction in which the person is
or has been required by the laws of that jurisdiction to register as a sex
offender because of the offense. This subsection includes, but is not
limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United
States.
(c) A court having jurisdiction over juveniles.
Sec. 22. NRS 179D.610 is hereby amended to read as follows:
179D.610 1. “Sex offender” means a person who, after July 1, 1956,
is or has been:
(a) Convicted of a sexual offense listed in NRS 179D.620; or
(b) Adjudicated delinquent or found guilty by a court having
jurisdiction over juveniles of a sexual offense listed in subsection [19] 20
of NRS 179D.620.
2. The term includes, but is not limited to:
(a) A sexually violent predator.
(b) A nonresident sex offender who is a student or worker within this
state.
Sec. 23. NRS 179D.620 is hereby amended to read as follows:
179D.620 “Sexual offense” means any of the following offenses:
1. Murder of the first degree committed in the perpetration or
attempted perpetration of sexual assault or of sexual abuse or sexual
molestation of a child less than 14 years of age pursuant to paragraph (b)
of subsection 1 of NRS 200.030.
2. Sexual assault pursuant to NRS 200.366.
3. Statutory sexual seduction pursuant to NRS 200.368, if punished as
a felony.
4. Battery with intent to commit sexual assault pursuant to NRS
200.400.
5. An offense involving the administration of a drug to another person
with the intent to enable or assist the commission of a felony pursuant to
NRS 200.405, if the felony is an offense listed in this section.
6. An offense involving the administration of a controlled substance to
another person with the intent to enable or assist the commission of a
crime of violence pursuant to NRS 200.408, if the crime of violence is an
offense listed in this section.
7. Abuse of a child pursuant to NRS 200.508, if the abuse involved
sexual abuse or sexual exploitation and is punished as a felony.
8. An offense involving pornography and a minor pursuant to NRS
200.710 to 200.730, inclusive.
9. Incest pursuant to NRS 201.180.
10. Solicitation of a minor to engage in acts constituting the infamous
crime against nature pursuant to NRS 201.195, if punished as a felony.
11. Open or gross lewdness pursuant to NRS 201.210, if punished as a
felony.
12. Indecent or obscene exposure pursuant to NRS 201.220, if
punished as a felony.
13. Lewdness with a child pursuant to NRS 201.230.
14. Sexual penetration of a dead human body pursuant to NRS
201.450.
15. Luring a child using a computer, system or network pursuant to
section 4 of this act, if punished as a felony.
16. Annoyance or molestation of a minor pursuant to NRS 207.260, if
punished as a felony.
[16.] 17. An attempt to commit an offense listed in subsections 1 to
[15,] 16, inclusive, if punished as a felony.
[17.] 18. An offense that is determined to be sexually motivated
pursuant to NRS 175.547 or 207.193.
[18.] 19. An offense committed in another jurisdiction that, if
committed in this state, would be an offense listed in this section. This
subsection includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United
States.
[19.] 20. An offense of a sexual nature committed in another
jurisdiction and punished as a felony, whether or not the offense would be
an offense listed in this section, if the person who committed the offense
resides or has resided or is or has been a student or worker in any
jurisdiction in which the person is or has been required by the laws of that
jurisdiction to register as a sex offender because of the offense. This
subsection includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United
States.
(c) A court having jurisdiction over juveniles.
Sec. 24. Chapter 213 of NRS is hereby amended by adding thereto a
new section to read as follows:
1. Except as otherwise provided in subsection 2, if the board releases
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 not own or use a
computer, including, without limitation, use electronic mail, a chat room
or the Internet.
2. The board is not required to impose a condition of parole set forth
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.
4. As used in this section:
(a) “Computer” has the meaning ascribed to it in NRS 205.4735.
(b) “Network” has the meaning ascribed to it in NRS 205.4745.
(c) “System” has the meaning ascribed to it in NRS 205.476.
Sec. 25. NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.157, inclusive, and section 24
of this act, unless the context otherwise requires:
1. “Board” means the state board of parole commissioners.
2. “Chief” means the chief parole and probation officer.
3. “Division” means the division of parole and probation of the
department of motor vehicles and public safety.
4. “Residential confinement” means the confinement of a person
convicted of a crime to his place of residence under the terms and
conditions established by the board.
5. “Sex offender” means any person who has been or is convicted of a
sexual offense.
6. “Sexual offense” means:
(a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS
200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph
(a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195,
NRS 201.230 or 201.450[;] or paragraph (a) or (b) of subsection 3 of
section 4 of this act;
(b) An attempt to commit any offense listed in paragraph (a); or
(c) An act of murder in the first or second degree, kidnapping in the first
or second degree, false imprisonment, burglary or invasion of the home if
the act is determined to be sexually motivated at a hearing conducted
pursuant to NRS 175.547.
7. “Standards” means the objective standards for granting or revoking
parole or probation which are adopted by the board or the chief.
Sec. 26. NRS 213.1214 is hereby amended to read as follows:
213.1214 1. The board shall not release on parole a prisoner
convicted of an offense listed in subsection 5 unless a panel consisting of:
(a) The administrator of the division of mental health and
developmental services of the department of human resources or his
designee;
(b) The director of the department of prisons or his designee; and
(c) A psychologist licensed to practice in this state or a psychiatrist
licensed to practice medicine in this state,
certifies that the prisoner was under observation while confined in an
institution of the department of prisons and is not a menace to the health,
safety or morals of others.
2. A prisoner who has been certified pursuant to subsection 1 and who
returns for any reason to the custody of the department of prisons may not
be paroled unless a panel recertifies him in the manner set forth in
subsection 1.
3. The panel may revoke the certification of a prisoner certified
pursuant to subsection 1 at any time.
4. This section does not create a right in any prisoner to be certified or
continue to be certified. No prisoner may bring a cause of action against
the state, its political subdivisions, agencies, boards, commissions,
departments, officers or employees for not certifying or refusing to place a
prisoner before a panel for certification pursuant to this section.
5. The provisions of this section apply to a prisoner convicted of any
of the following offenses:
(a) Sexual assault pursuant to NRS 200.366.
(b) Statutory sexual seduction pursuant to NRS 200.368.
(c) Battery with intent to commit sexual assault pursuant to NRS
200.400.
(d) Abuse or neglect of a child pursuant to NRS 200.508.
(e) An offense involving pornography and a minor pursuant to NRS
200.710 to 200.730, inclusive.
(f) Incest pursuant to NRS 201.180.
(g) Solicitation of a minor to engage in acts constituting the infamous
crime against nature pursuant to NRS 201.195.
(h) Open or gross lewdness pursuant to NRS 201.210.
(i) Indecent or obscene exposure pursuant to NRS 201.220.
(j) Lewdness with a child pursuant to NRS 201.230.
(k) Sexual penetration of a dead human body pursuant to NRS 201.450.
(l) Luring a child using a computer, system or network pursuant to
section 4 of this act, if punished as a felony.
(m) An attempt to commit an offense listed in paragraphs (a) to [(l),
inclusive.
(m)] (m), inclusive.
(n) Coercion or attempted coercion that is determined to be sexually
motivated pursuant to NRS 207.193.
Sec. 27. NRS 213.1255 is hereby amended to read as follows:
213.1255 1. In addition to any conditions of parole required to be
imposed pursuant to NRS 213.1245, as a condition of releasing on parole a
prisoner who was convicted of committing an offense listed in subsection
2 against a child under the age of 14 years, the board shall, when
appropriate:
(a) Require the parolee to participate in psychological counseling;
(b) Prohibit the parolee from being alone with a child unless another
adult who has never been convicted of a sexual offense is present; and
(c) Prohibit the parolee from being on or near the grounds of any place
that is primarily designed for use by or for children, including, without
limitation, a public or private school, a center or facility that provides day
care services, a video arcade and an amusement park.
2. The provisions of subsection 1 apply to a prisoner who was
convicted of:
(a) Sexual assault pursuant to paragraph (c) of subsection 3 of NRS
200.366;
(b) Abuse or neglect of a child pursuant to paragraph (a) of subsection 2
of NRS 200.508;
(c) An offense punishable pursuant to subsection 2 of NRS 200.750;
(d) Solicitation of a minor to engage in acts constituting the infamous
crime against nature pursuant to subparagraph (1) of paragraph (a) of
subsection 1 of NRS 201.195;
(e) Lewdness with a child pursuant to NRS 201.230; [or]
(f) Luring a child using a computer, system or network pursuant to
section 4 of this act, if punished as a felony; or
(g) Any combination of the crimes listed in paragraphs (a) to [(e),] (f),
inclusive.
Sec. 28. Section 2 of Assembly Bill No. 400 of this session is hereby
amended to read as follows:
Sec. 2. NRS 200.575 is hereby amended to read as follows:
200.575 1. A person who, without lawful authority, willfully or
maliciously engages in a course of conduct that would cause a
reasonable person to feel terrorized, frightened, intimidated or
harassed, and that actually causes the victim to feel terrorized,
frightened, intimidated or harassed, commits the crime of stalking.
Except where the provisions of subsection 2 or 3 are applicable, a
person who commits the crime of stalking:
(a) For the first offense, is guilty of a misdemeanor.
(b) For any subsequent offense, is guilty of a gross misdemeanor.
2. A person who[:
(a) Commits] commits the crime of stalking and in conjunction
therewith threatens the person with the intent to cause him to be
placed in reasonable fear of death or substantial bodily harm[;
(b) Commits the crime of stalking on his spouse while a
proceeding for the dissolution of their marriage is pending for which
he has actual or legal notice or within 6 months after entry of the final
decree of dissolution; or
(c) Commits the crime of stalking on a person with whom he has a
child in common while a proceeding for the custody of that child is
pending for which he has actual or legal notice,] commits the crime
of aggravated stalking.
[3. A person who commits the crime of stalking with the use of an
Internet or network site or electronic mail or any other similar means
of communication to publish, display or distribute information in a
manner that substantially increases the risk of harm or violence to the
victim shall be punished for a category C felony as provided in NRS
193.130.
4.] A person who commits the crime of aggravated stalking shall
be punished[:
(a) If he commits the crime set forth in paragraph (a) of subsection
2,] for a category B felony by imprisonment in the state prison for a
minimum term of not less than 2 years and a maximum term of not
more than 15 years, and may be further punished by a fine of not
more than $5,000.
[(b) If he commits the crime set forth in paragraph (b) or (c) of
subsection 2:
(1) For the first offense, for a gross misdemeanor.
(2) For the second and any subsequent offense, for a category B
felony by imprisonment in the state prison for a minimum term of not
less than 2 years and a maximum term of not more than 15 years, and
may be further punished by a fine of not more than $5,000.
5.] 3. A person who commits the crime of stalking with the use
of an Internet or network site or electronic mail or any other
similar means of communication to publish, display or distribute
information in a manner that substantially increases the risk of
harm or violence to the victim shall be punished for a category C
felony as provided in NRS 193.130.
4. Except as otherwise provided in subsection 2 of NRS 200.571,
a criminal penalty provided for in this section may be imposed in
addition to any penalty that may be imposed for any other criminal
offense arising from the same conduct or for any contempt of court
arising from the same conduct.
[6.] 5. The penalties provided in this section do not preclude the
victim from seeking any other legal remedy available.
[7.] 6. As used in this section:
(a) “Course of conduct” means a pattern of conduct which consists
of a series of acts over time that evidences a continuity of purpose
directed at a specific person.
(b) “Internet or network site” means any identifiable site on the
Internet or on a network. The term includes, without limitation:
(1) A website or other similar site on the World Wide Web;
(2) A site that is identifiable through a Uniform Resource
Location;
(3) A site on a network that is owned, operated, administered or
controlled by a provider of Internet service;
(4) An electronic bulletin board;
(5) A list server;
(6) A newsgroup; or
(7) A chat room.
(c) “Network” has the meaning ascribed to it in NRS 205.4745.
(d) “Provider of Internet service” has the meaning ascribed to it in
NRS 205.4748.
(e) “Without lawful authority” includes acts which are initiated or
continued without the victim’s consent. The term does not include
acts which are otherwise protected or authorized by constitutional or
statutory law, regulation or order of a court of competent jurisdiction,
including, but not limited to:
(1) Picketing which occurs during a strike, work stoppage or any
other labor dispute.
(2) The activities of a reporter, photographer, cameraman or
other person while gathering information for communication to the
public if that person is employed or engaged by or has contracted
with a newspaper, periodical, press association or radio or television
station and is acting solely within that professional capacity.
(3) The activities of a person that are carried out in the normal
course of his lawful employment.
(4) Any activities carried out in the exercise of the
constitutionally protected rights of freedom of speech and assembly.
Sec. 29. The amendatory provisions of this act do not apply to
offenses committed before the effective date of this act.
Sec. 30. This act becomes effective upon passage and approval.
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