(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINT 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, technology, Internet and crimes against children. (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).
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. Each provider of Internet service shall create and maintain:
1-4 (a) For at least 180 days after it is created:
1-5 (1) A record of each person who enters or leaves its system,
1-6 including, without limitation, the IP address of the person or any other
1-7 information that identifies the person; and
1-8 (2) A record of each customer of the service who logs on to the
1-9 service, including, without limitation, information that identifies the
1-10 customer; and
1-11 (b) For at least 1 year after it is created, a record of each customer of
1-12 the service that includes, without limitation, his name, address, telephone
2-1 number, the method he uses to pay for the service, the dates and times
2-2 that he has logged on to the service and the number of minutes that he
2-3 was logged on to the service.
2-4 2. A provider of Internet service who violates the provisions of
2-5 subsection 1 is guilty of a misdemeanor and shall be punished by a fine
2-6 of not less than $50 or more than $500 for each violation.
2-7 3. In investigating criminal activity that involves or may involve the
2-8 use of a computer, the attorney general, a district attorney, the sheriff of
2-9 any county in this state, the head of any organized police department of
2-10 any municipality in this state, the head of any department of this state
2-11 engaged in the enforcement of any criminal law of this state and any
2-12 sheriff or chief of police of a municipality may, if there is reasonable
2-13 cause to believe that a crime has been committed through the use of the
2-14 services of the provider of Internet service, apply to the court for an order
2-15 compelling the provider of Internet service to provide any information
2-16 relevant to the alleged crime that the provider is required to create and
2-17 maintain pursuant to subsection 1.
2-18 4. As used in this section:
2-19 (a) “Computer” has the meaning ascribed to it in NRS 205.4735.
2-20 (b) “Provider of Internet service” has the meaning ascribed to it in
2-21 NRS 205.4758.
2-22 Sec. 2. NRS 200.571 is hereby amended to read as follows:
2-23 200.571 1. A person is guilty of harassment if:
2-24 (a) Without lawful authority, the person knowingly threatens:
2-25 (1) To cause bodily injury in the future to the person threatened or to
2-26 any other person;
2-27 (2) To cause physical damage to the property of another person;
2-28 (3) To subject the person threatened or any other person to physical
2-29 confinement or restraint; or
2-30 (4) To do any act which is intended to substantially harm the person
2-31 threatened or any other person with respect to his physical or mental health
2-32 or safety; and
2-33 (b) The person by words or conduct places the person receiving the
2-34 threat in reasonable fear that the threat will be carried out.
2-35 2. Except where the provisions of subsection 2 or 3 of NRS 200.575
2-36 are applicable, a person who is guilty of harassment:
2-37 (a) For the first offense, is guilty of a misdemeanor.
2-38 (b) For the second or any subsequent offense, is guilty of a gross
2-39 misdemeanor.
2-40 3. The penalties provided in this section do not preclude the victim
2-41 from seeking any other legal remedy available.
2-42 Sec. 3. NRS 200.575 is hereby amended to read as follows:
2-43 200.575 1. A person who, without lawful authority, willfully or
2-44 maliciously engages in a course of conduct that would cause a reasonable
2-45 person to feel terrorized, frightened, intimidated or harassed, and that
2-46 actually causes the victim to feel terrorized, frightened, intimidated or
2-47 harassed, commits the crime of stalking. Except where the provisions of
2-48 subsection 2 or 3 are applicable, a person who commits the crime of
2-49 stalking:
3-1 (a) For the first offense, is guilty of a misdemeanor.
3-2 (b) For any subsequent offense, is guilty of a gross misdemeanor.
3-3 2. A person who:
3-4 (a) Commits the crime of stalking and in conjunction therewith
3-5 threatens the person with the intent to cause him to be placed in reasonable
3-6 fear of death or substantial bodily harm;
3-7 (b) Commits the crime of stalking on his spouse while a proceeding for
3-8 the dissolution of their marriage is pending for which he has actual or legal
3-9 notice or within 6 months after entry of the final decree of dissolution; or
3-10 (c) Commits the crime of stalking on a person with whom he has a child
3-11 in common while a proceeding for the custody of that child is pending for
3-12 which he has actual or legal notice,
3-13 commits the crime of aggravated stalking.
3-14 3. A person who commits the crime of stalking with the use of an
3-15 Internet or network site or electronic mail or any other similar means of
3-16 communication to publish, display or distribute information in a manner
3-17 that substantially increases the risk of harm or violence to the victim
3-18 shall be punished for a category C felony as provided in NRS 193.130.
3-19 4. A person who commits the crime of aggravated stalking shall be
3-20 punished:
3-21 (a) If he commits the crime set forth in paragraph (a) of subsection 2,
3-22 for a category B felony by imprisonment in the state prison for a minimum
3-23 term of not less than 2 years and a maximum term of not more than 15
3-24 years, and may be further punished by a fine of not more than $5,000.
3-25 (b) If he commits the crime set forth in paragraph (b) or (c) of
3-26 subsection 2:
3-27 (1) For the first offense, for a gross misdemeanor.
3-28 (2) For the second and any subsequent offense, for a category B
3-29 felony by imprisonment in the state prison for a minimum term of not less
3-30 than 2 years and a maximum term of not more than 15 years, and may be
3-31 further punished by a fine of not more than $5,000.
3-32 [4.] 5. Except as otherwise provided in subsection 2 of NRS 200.571,
3-33 a criminal penalty provided for in this section may be imposed in addition
3-34 to any penalty that may be imposed for any other criminal offense arising
3-35 from the same conduct or for any contempt of court arising from the same
3-36 conduct.
3-37 [5.] 6. The penalties provided in this section do not preclude the
3-38 victim from seeking any other legal remedy available.
3-39 [6.] 7. As used in this section:
3-40 (a) “Course of conduct” means a pattern of conduct which consists of a
3-41 series of acts over time that evidences a continuity of purpose directed at a
3-42 specific person.
3-43 (b) “Internet or network site” means any identifiable site on the
3-44 Internet or on a network. The term includes, without limitation:
3-45 (1) A website or other similar site on the World Wide Web;
3-46 (2) A site that is identifiable through a Uniform Resource Location;
3-47 (3) A site on a network that is owned, operated, administered or
3-48 controlled by a provider of Internet service;
3-49 (4) An electronic bulletin board;
4-1 (5) A list server;
4-2 (6) A newsgroup; or
4-3 (7) A chat room.
4-4 (c) “Network” has the meaning ascribed to it in NRS 205.4745.
4-5 (d) “Provider of Internet service” has the meaning ascribed to it in
4-6 NRS 205.4758.
4-7 (e) “Without lawful authority” includes acts which are initiated or
4-8 continued without the victim’s consent. The term does not include acts
4-9 which are otherwise protected or authorized by constitutional or statutory
4-10 law, regulation or order of a court of competent jurisdiction, including, but
4-11 not limited to:
4-12 (1) Picketing which occurs during a strike, work stoppage or any
4-13 other labor dispute.
4-14 (2) The activities of a reporter, photographer, cameraman or other
4-15 person while gathering information for communication to the public if that
4-16 person is employed or engaged by or has contracted with a newspaper,
4-17 periodical, press association or radio or television station and is acting
4-18 solely within that professional capacity.
4-19 (3) The activities of a person that are carried out in the normal course
4-20 of his lawful employment.
4-21 (4) Any activities carried out in the exercise of the constitutionally
4-22 protected rights of freedom of speech and assembly.
4-23 Sec. 4. Chapter 201 of NRS is hereby amended by adding thereto a
4-24 new section to read as follows:
4-25 1. Except as otherwise provided in subsection 2, a person shall not
4-26 use a computer, system or network to knowingly contact or communicate
4-27 with or attempt to contact or communicate with a child less than 16 years
4-28 of age with the intent to persuade, lure or transport the child away from
4-29 his home or from any location known to his parent or guardian or other
4-30 person legally responsible for the child to a place other than where the
4-31 child is located, for any purpose:
4-32 (a) Without the express consent of the parent or guardian or other
4-33 person legally responsible for the child; and
4-34 (b) With the intent to avoid the consent of the parent or guardian or
4-35 other person legally responsible for the child.
4-36 2. The provisions of this section do not apply if the contact or
4-37 communication is made or attempted with the intent to prevent imminent
4-38 bodily, emotional or psychological harm to the child.
4-39 3. A person who violates or attempts to violate the provisions of this
4-40 section:
4-41 (a) With the intent to engage in sexual conduct with the child or to
4-42 cause the child to engage in sexual conduct, is guilty of a category B
4-43 felony and shall be punished by imprisonment in the state prison for a
4-44 minimum term of not less than 1 year and a maximum term of not more
4-45 than 10 years and may be further punished by a fine of not more than
4-46 $10,000;
4-47 (b) By providing the child with obscene material or requesting the
4-48 child to provide the person with obscene material, is guilty of a category
4-49 C felony and shall be punished as provided in NRS 193.130; or
5-1 (c) If paragraph (a) or (b) does not apply, is guilty of a gross
5-2 misdemeanor.
5-3 4. As used in this section:
5-4 (a) “Computer” has the meaning ascribed to it in NRS 205.4735.
5-5 (b) “Material” means anything that is capable of being used or
5-6 adapted to arouse interest, whether through the medium of reading,
5-7 observation, sound or in any other manner.
5-8 (c) “Network” has the meaning ascribed to it in NRS 205.4745.
5-9 (d) “Obscene” has the meaning ascribed to it in NRS 201.235.
5-10 (e) “Sexual conduct” has the meaning ascribed to it in NRS 201.520.
5-11 (f) “System” has the meaning ascribed to it in NRS 205.476.
5-12 Sec. 5. Chapter 202 of NRS is hereby amended by adding thereto a
5-13 new section to read as follows:
5-14 1. It is unlawful for a person to knowingly sell or distribute
5-15 cigarettes, cigarette paper, tobacco of any description or products made
5-16 from tobacco to a child under the age of 18 years through the use of the
5-17 Internet.
5-18 2. A person who violates the provisions of subsection 1 shall be
5-19 punished by a fine of not more than $500 and a civil penalty of not more
5-20 than $500. Any money recovered pursuant to this section as a civil
5-21 penalty must be deposited in the same manner as money is deposited
5-22 pursuant to subsection 6 of NRS 202.2493.
5-23 3. Every person who sells or distributes cigarettes, cigarette paper,
5-24 tobacco of any description or products made from tobacco through the
5-25 use of the Internet shall adopt a policy to prevent a child under the age of
5-26 18 years from obtaining cigarettes, cigarette paper, tobacco of any
5-27 description or products made from tobacco from the person through the
5-28 use of the Internet. The policy must include, without limitation, a method
5-29 for ensuring that the person who delivers such items obtains the
5-30 signature of a person who is over the age of 21 years when delivering the
5-31 items, that the packaging or wrapping of the items when they are shipped
5-32 is clearly marked with the word “cigarettes” or the words “tobacco
5-33 products,” and that the person complies with the provisions of 15 U.S.C.
5-34 § 376. A person who fails to adopt a policy pursuant to this subsection is
5-35 guilty of a misdemeanor and shall be punished by a fine of not more than
5-36 $500.
5-37 Sec. 6. NRS 202.055 is hereby amended to read as follows:
5-38 202.055 1. Every person who knowingly:
5-39 (a) Sells, gives or otherwise furnishes an alcoholic beverage to any
5-40 person under 21 years of age;
5-41 (b) Leaves or deposits any alcoholic beverage in any place with the
5-42 intent that it will be procured by any person under 21 years of age; or
5-43 (c) Furnishes, gives, or causes to be given any money or thing of value
5-44 to any person under 21 years of age with the knowledge that the money or
5-45 thing of value is to be used by the person under 21 years of age to purchase
5-46 or procure any alcoholic beverage,
5-47 is guilty of a misdemeanor.
5-48 2. Paragraph (a) of subsection 1 does not apply to a parent, guardian or
5-49 physician of the person under 21 years of age.
6-1 3. Every person who sells, gives or otherwise furnishes alcoholic
6-2 beverages through the use of the Internet shall adopt a policy to prevent
6-3 a person under 21 years of age from obtaining an alcoholic beverage
6-4 from the person through the use of the Internet. The policy must include,
6-5 without limitation, a method for ensuring that the person who delivers
6-6 the alcoholic beverages obtains the signature of a person who is over the
6-7 age of 21 years when delivering the beverages and that the packaging or
6-8 wrapping of the alcoholic beverages when they are shipped is clearly
6-9 marked with words that describe the alcoholic beverages. A person who
6-10 fails to adopt a policy pursuant to this subsection is guilty of a
6-11 misdemeanor and shall be punished by a fine of not more than $500.
6-12 Sec. 7. NRS 202.2485 is hereby amended to read as follows:
6-13 202.2485 As used in NRS 202.2485 to 202.2497, inclusive[:] , and
6-14 section 5 of this act:
6-15 1. “Distribute” includes furnishing, giving away or providing products
6-16 made from tobacco or samples thereof at no cost to promote the product,
6-17 whether or not in combination with a sale.
6-18 2. “Health authority” means the district health officer in a district, or
6-19 his designee, or, if none, the state health officer, or his designee.
6-20 Sec. 8. NRS 202.249 is hereby amended to read as follows:
6-21 202.249 1. It is the public policy of the State of Nevada and the
6-22 purpose of NRS 202.2491, 202.24915 and 202.2492 to place restrictions on
6-23 the smoking of tobacco in public places to protect human health and safety.
6-24 2. The quality of air is declared to be affected with the public interest
6-25 and NRS 202.2491, 202.24915 and 202.2492 are enacted in the exercise of
6-26 the police power of this state to protect the health, peace, safety and
6-27 general welfare of its people.
6-28 3. Health authorities, police officers of cities or towns, sheriffs and
6-29 their deputies and other peace officers of this state shall, within their
6-30 respective jurisdictions, enforce the provisions of NRS 202.2491,
6-31 202.24915 and 202.2492. Police officers of cities or towns, sheriffs and
6-32 their deputies and other peace officers of this state shall, within their
6-33 respective jurisdictions, enforce the provisions of NRS 202.2493 and
6-34 202.2494[.]and section 5 of this act.
6-35 4. An agency, board, commission or political subdivision of this state,
6-36 including any agency, board, commission or governing body of a local
6-37 government, shall not impose more stringent restrictions on the smoking,
6-38 use, sale, distribution, marketing, display or promotion of tobacco or
6-39 products made from tobacco than are provided by NRS 202.2491,
6-40 202.24915, 202.2492, 202.2493 and 202.2494[.] and section 5 of this act.
6-41 Sec. 9. NRS 205.486 is hereby amended to read as follows:
6-42 205.486 1. A person shall not willfully use or attempt to use
6-43 encryption, directly or indirectly, to:
6-44 (a) Commit, facilitate, further or promote any criminal offense;
6-45 (b) Aid, assist or encourage another person to commit any criminal
6-46 offense;
6-47 (c) Conceal the commission of any criminal offense;
6-48 (d) Conceal or protect the identity of a person who has committed any
6-49 criminal offense; or
7-1 (e) Delay, hinder or obstruct the administration of the law.
7-2 2. A person who violates any provision of this section:
7-3 (a) Is guilty of a gross misdemeanor [; and] , unless the encryption was
7-4 used or attempted to be used to commit a crime for which a greater
7-5 penalty is provided by specific statute. If the encryption was used or
7-6 attempted to be used to commit a crime for which a greater penalty is
7-7 provided by specific statute, the person shall be punished as prescribed by
7-8 statute for that crime.
7-9 (b) Commits a criminal offense that is separate and distinct from any
7-10 other criminal offense and may be prosecuted and convicted pursuant to
7-11 this section whether or not the person or any other person is or has been
7-12 prosecuted or convicted for any other criminal offense arising out of the
7-13 same facts as the violation of this section.
7-14 Sec. 10. NRS 207.260 is hereby amended to read as follows:
7-15 207.260 [A]
7-16 1. Unless a greater penalty is provided by specific statute, a person
7-17 who annoys or molests or attempts to annoy or molest a minor , including,
7-18 without limitation, soliciting a minor to engage in unlawful sexual
7-19 conduct, is guilty of :
7-20 (a) For the first offense, a misdemeanor.
7-21 (b) For the second and each subsequent offense , [he is guilty of] a
7-22 category B felony and shall be punished by imprisonment in the state
7-23 prison for a minimum term of not less than 1 year and a maximum term of
7-24 not more than 6 years, and may be further punished by a fine of not more
7-25 than $5,000.
7-26 2. For the purposes of this section, “soliciting” includes, without
7-27 limitation, contacting a person directly, through the use of a telephone,
7-28 in writing, through the use of a computer or through an advertisement.
7-29 3. As used in this section:
7-30 (a) “Computer” has the meaning ascribed to it in NRS 205.4735.
7-31 (b) “Sexual conduct” has the meaning ascribed to it in NRS 200.700.
7-32 Sec. 11. NRS 176.0931 is hereby amended to read as follows:
7-33 176.0931 1. If a defendant is convicted of a sexual offense, the court
7-34 shall include in sentencing, in addition to any other penalties provided by
7-35 law, a special sentence of lifetime supervision.
7-36 2. The special sentence of lifetime supervision commences after any
7-37 period of probation or any term of imprisonment and any period of release
7-38 on parole.
7-39 3. A person sentenced to lifetime supervision may petition the district
7-40 court in whose jurisdiction he resides for release from lifetime supervision.
7-41 The court shall grant a petition for release from a special sentence of
7-42 lifetime supervision if:
7-43 (a) The person has not been convicted of an offense that poses a threat
7-44 to the safety or well-being of others for an interval of at least 15
7-45 consecutive years after his last conviction or release from incarceration,
7-46 whichever occurs later; and
7-47 (b) The person is not likely to pose a threat to the safety of others if
7-48 released from lifetime supervision.
8-1 4. A person who is released from lifetime supervision pursuant to the
8-2 provisions of subsection 3 remains subject to the provisions for registration
8-3 as a sex offender and to the provisions for community notification, unless
8-4 he is otherwise relieved from the operation of those provisions pursuant to
8-5 the provisions of NRS 179D.350 to 179D.800, inclusive.
8-6 5. As used in this section:
8-7 (a) “Offense that poses a threat to the safety or well-being of others” has
8-8 the meaning ascribed to it in NRS 179D.060.
8-9 (b) “Sexual offense” means:
8-10 (1) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS
8-11 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph
8-12 (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195,
8-13 NRS 201.230 or 201.450[;] or paragraph (a) or (b) of subsection 3 of
8-14 section 4 of this act;
8-15 (2) An attempt to commit an offense listed in subparagraph (1); or
8-16 (3) An act of murder in the first or second degree, kidnapping in the
8-17 first or second degree, false imprisonment, burglary or invasion of the
8-18 home if the act is determined to be sexually motivated at a hearing
8-19 conducted pursuant to NRS 175.547.
8-20 Sec. 12. NRS 176.133 is hereby amended to read as follows:
8-21 176.133 As used in NRS 176.133 to 176.159, inclusive, unless the
8-22 context otherwise requires:
8-23 1. “Person professionally qualified to conduct psychosexual
8-24 evaluations” means a person who has received training in conducting
8-25 psychosexual evaluations and is:
8-26 (a) A psychiatrist licensed to practice medicine in this state and certified
8-27 by the American Board of Psychiatry and Neurology;
8-28 (b) A psychologist licensed to practice in this state;
8-29 (c) A social worker holding a master’s degree in social work and
8-30 licensed in this state as a clinical social worker;
8-31 (d) A registered nurse holding a master’s degree in the field of
8-32 psychiatric nursing and licensed to practice professional nursing in this
8-33 state; or
8-34 (e) A marriage and family therapist licensed in this state pursuant to
8-35 chapter 641A of NRS.
8-36 2. “Psychosexual evaluation” means an evaluation conducted pursuant
8-37 to NRS 176.139.
8-38 3. “Sexual offense” means:
8-39 (a) Sexual assault pursuant to NRS 200.366;
8-40 (b) Statutory sexual seduction pursuant to NRS 200.368, if punished as
8-41 a felony;
8-42 (c) Battery with intent to commit sexual assault pursuant to NRS
8-43 200.400;
8-44 (d) Abuse of a child pursuant to NRS 200.508, if the abuse involved
8-45 sexual abuse or sexual exploitation and is punished as a felony;
8-46 (e) An offense involving pornography and a minor pursuant to NRS
8-47 200.710 to 200.730, inclusive;
8-48 (f) Incest pursuant to NRS 201.180;
9-1 (g) Solicitation of a minor to engage in acts constituting the infamous
9-2 crime against nature pursuant to NRS 201.195, if punished as a felony;
9-3 (h) Open or gross lewdness pursuant to NRS 201.210, if punished as a
9-4 felony;
9-5 (i) Indecent or obscene exposure pursuant to NRS 201.220, if punished
9-6 as a felony;
9-7 (j) Lewdness with a child pursuant to NRS 201.230;
9-8 (k) Sexual penetration of a dead human body pursuant to NRS 201.450;
9-9 (l) Luring a child using a computer, system or network pursuant to
9-10 section 4 of this act, if punished as a felony;
9-11 (m) Annoyance or molestation of a minor pursuant to NRS 207.260, if
9-12 punished as a felony;
9-13 [(m)] (n) An attempt to commit an offense listed in paragraphs (a) to
9-14 [(l),] (m), inclusive, if punished as a felony; or
9-15 [(n)] (o) An offense that is determined to be sexually motivated
9-16 pursuant to NRS 175.547 or 207.193.
9-17 Sec. 13. Chapter 176A of NRS is hereby amended by adding thereto a
9-18 new section to read as follows:
9-19 1. Except as otherwise provided in subsection 2, if a defendant is
9-20 convicted of stalking with the use of an Internet or network site or
9-21 electronic mail or any other similar means of communication pursuant
9-22 to subsection 3 of NRS 200.575, an offense involving pornography and a
9-23 minor pursuant to NRS 200.710 to 200.730, inclusive, or luring a child
9-24 using a computer, system or network pursuant to paragraph (a) or (b) of
9-25 subsection 3 of section 4 of this act and the court grants probation or
9-26 suspends the sentence, the court shall, in addition to any other condition
9-27 ordered pursuant to NRS 176A.400, order as a condition of probation or
9-28 suspension that the defendant not own or use a computer, including,
9-29 without limitation, use electronic mail, a chat room or the Internet.
9-30 2. The court is not required to impose a condition of probation or
9-31 suspension of sentence set forth in subsection 1 if the court finds that:
9-32 (a) The use of a computer by the defendant will assist a law
9-33 enforcement agency or officer in a criminal investigation;
9-34 (b) The defendant will use the computer to provide technological
9-35 training concerning technology of which the defendant has a unique
9-36 knowledge; or
9-37 (c) The use of the computer by the defendant will assist companies
9-38 that require the use of the specific technological knowledge of the
9-39 defendant that is unique and is otherwise unavailable to the company.
9-40 3. Except as otherwise provided in subsection 1, if a defendant is
9-41 convicted of an offense that involved the use of a computer, system or
9-42 network and the court grants probation or suspends the sentence, the
9-43 court may, in addition to any other condition ordered pursuant to NRS
9-44 176A.400, order as a condition of probation or suspension that the
9-45 defendant not own or use a computer, including, without limitation, use
9-46 electronic mail, a chat room or the Internet.
9-47 4. As used in this section:
9-48 (a) “Computer” has the meaning ascribed to it in NRS 205.4735.
9-49 (b) “Network” has the meaning ascribed to it in NRS 205.4745.
10-1 (c) “System” has the meaning ascribed to it in NRS 205.476.
10-2 Sec. 14. NRS 176A.110 is hereby amended to read as follows:
10-3 176A.110 1. The court shall not grant probation to or suspend the
10-4 sentence of a person convicted of an offense listed in subsection 3 unless a
10-5 psychologist licensed to practice in this state or a psychiatrist licensed to
10-6 practice medicine in this state certifies that the person is not a menace to
10-7 the health, safety or morals of others.
10-8 2. This section does not create a right in any person to be certified or
10-9 continue to be certified and no person may bring a cause of action against
10-10 the state, its political subdivisions, agencies, boards, commissions,
10-11 departments, officers or employees for not certifying or refusing to
10-12 consider a person for certification pursuant to this section.
10-13 3. The provisions of this section apply to a person convicted of any of
10-14 the following offenses:
10-15 (a) Attempted sexual assault of a person who is 16 years of age or older
10-16 pursuant to NRS 200.366.
10-17 (b) Statutory sexual seduction pursuant to NRS 200.368.
10-18 (c) Battery with intent to commit sexual assault pursuant to NRS
10-19 200.400.
10-20 (d) Abuse or neglect of a child pursuant to NRS 200.508.
10-21 (e) An offense involving pornography and a minor pursuant to NRS
10-22 200.710 to 200.730, inclusive.
10-23 (f) Incest pursuant to NRS 201.180.
10-24 (g) Solicitation of a minor to engage in acts constituting the infamous
10-25 crime against nature pursuant to NRS 201.195.
10-26 (h) Open or gross lewdness pursuant to NRS 201.210.
10-27 (i) Indecent or obscene exposure pursuant to NRS 201.220.
10-28 (j) Lewdness with a child pursuant to NRS 201.230.
10-29 (k) Sexual penetration of a dead human body pursuant to NRS 201.450.
10-30 (l) Luring a child using a computer, system or network pursuant to
10-31 section 4 of this act, if punished as a felony.
10-32 (m) A violation of NRS 207.180.
10-33 [(m)] (n) An attempt to commit an offense listed in paragraphs (b) to
10-34 [(l),] (m), inclusive.
10-35 [(n)] (o) Coercion or attempted coercion that is determined to be
10-36 sexually motivated pursuant to NRS 207.193.
10-37 Sec. 15. NRS 178.5698 is hereby amended to read as follows:
10-38 178.5698 1. The prosecuting attorney, sheriff or chief of police shall,
10-39 upon the written request of a victim or witness, inform him:
10-40 (a) When the defendant is released from custody at any time before or
10-41 during the trial;
10-42 (b) If the defendant is so released, the amount of bail required, if any;
10-43 and
10-44 (c) Of the final disposition of the criminal case in which he was directly
10-45 involved.
10-46 2. If an offender is convicted of a sexual offense or an offense
10-47 involving the use or threatened use of force or violence against the victim,
10-48 the court shall provide:
10-49 (a) To each witness, documentation that includes:
11-1 (1) A form advising the witness of the right to be notified pursuant to
11-2 subsection 4;
11-3 (2) The form that the witness must use to request notification; and
11-4 (3) The form or procedure that the witness must use to provide a
11-5 change of address after a request for notification has been submitted.
11-6 (b) To each person listed in subsection 3, documentation that includes:
11-7 (1) A form advising the person of the right to be notified pursuant to
11-8 subsection 4 or 5 and NRS 176.015, 176A.630, 209.392, 209.3925,
11-9 209.521, 213.010, 213.040, 213.095 and 213.130;
11-10 (2) The forms that the person must use to request notification; and
11-11 (3) The forms or procedures that the person must use to provide a
11-12 change of address after a request for notification has been submitted.
11-13 3. The following persons are entitled to receive documentation
11-14 pursuant to paragraph (b) of subsection 2:
11-15 (a) A person against whom the offense is committed.
11-16 (b) A person who is injured as a direct result of the commission of the
11-17 offense.
11-18 (c) If a person listed in paragraph (a) or (b) is under the age of 18 years,
11-19 each parent or guardian who is not the offender.
11-20 (d) Each surviving spouse, parent and child of a person who is killed as
11-21 a direct result of the commission of the offense.
11-22 (e) A relative of a person listed in paragraphs (a) to (d), inclusive, if the
11-23 relative requests in writing to be provided with the documentation.
11-24 4. Except as otherwise provided in subsection 5, if the offense was a
11-25 felony and the offender is imprisoned, the warden of the prison shall, if the
11-26 victim or witness so requests in writing and provides his current address,
11-27 notify him at that address when the offender is released from the prison.
11-28 5. If the offender was convicted of a violation of subsection 3 of NRS
11-29 200.366 or a violation of subsection 2 of NRS 200.508, the warden of the
11-30 prison shall notify:
11-31 (a) The immediate family of the victim if the immediate family provides
11-32 their current address;
11-33 (b) Any member of the victim’s family related within the third degree of
11-34 consanguinity, if the member of the victim’s family so requests in writing
11-35 and provides his current address; and
11-36 (c) The victim, if he will be 18 years of age or older at the time of the
11-37 release and has provided his current address,
11-38 before the offender is released from prison.
11-39 6. The warden must not be held responsible for any injury proximately
11-40 caused by his failure to give any notice required pursuant to this section if
11-41 no address was provided to him or if the address provided is inaccurate or
11-42 not current.
11-43 7. As used in this section:
11-44 (a) “Immediate family” means any adult relative of the victim living in
11-45 the victim’s household.
11-46 (b) “Sexual offense” means:
11-47 (1) Sexual assault pursuant to NRS 200.366;
11-48 (2) Statutory sexual seduction pursuant to NRS 200.368;
12-1 (3) Battery with intent to commit sexual assault pursuant to NRS
12-2 200.400;
12-3 (4) An offense involving pornography and a minor pursuant to NRS
12-4 200.710 to 200.730, inclusive;
12-5 (5) Incest pursuant to NRS 201.180;
12-6 (6) Solicitation of a minor to engage in acts constituting the infamous
12-7 crime against nature pursuant to NRS 201.195;
12-8 (7) Open or gross lewdness pursuant to NRS 201.210;
12-9 (8) Indecent or obscene exposure pursuant to NRS 201.220;
12-10 (9) Lewdness with a child pursuant to NRS 201.230;
12-11 (10) Sexual penetration of a dead human body pursuant to NRS
12-12 201.450;
12-13 (11) Luring a child using a computer, system or network pursuant
12-14 to section 4 of this act, if punished as a felony;
12-15 (12) Annoyance or molestation of a minor pursuant to NRS 207.260;
12-16 [(12)] (13) An offense that, pursuant to a specific statute, is
12-17 determined to be sexually motivated; or
12-18 [(13)] (14) An attempt to commit an offense listed in this paragraph.
12-19 Sec. 16. NRS 179.460 is hereby amended to read as follows:
12-20 179.460 1. The attorney general or the district attorney of any county
12-21 may apply to a supreme court justice or to a district judge in the county
12-22 where the interception is to take place for an order authorizing the
12-23 interception of wire or oral communications, and the judge may, in
12-24 accordance with NRS 179.470 to 179.515, inclusive, grant an order
12-25 authorizing the interception of wire or oral communications by
12-26 investigative or law enforcement officers having responsibility for the
12-27 investigation of the offense as to which the application is made, when the
12-28 interception may provide evidence of the commission of murder,
12-29 kidnapping, robbery, extortion, bribery, destruction of public property by
12-30 explosives, a sexual offense against a child or the commission of any
12-31 offense which is made a felony by the provisions of chapter 453 or 454 of
12-32 NRS.
12-33 2. A good faith reliance by a public utility on a court order shall
12-34 constitute a complete defense to any civil or criminal action brought
12-35 against the public utility on account of any interception made pursuant to
12-36 the order.
12-37 3. As used in this section, “sexual offense against a child” includes any
12-38 act upon a child constituting:
12-39 (a) Incest pursuant to NRS 201.180;
12-40 (b) Lewdness with a child pursuant to NRS 201.230;
12-41 (c) Annoyance or molestation of a child pursuant to NRS 207.260;
12-42 (d) Sado-masochistic abuse pursuant to NRS 201.262;
12-43 (e) Sexual assault pursuant to NRS 200.366;
12-44 (f) Statutory sexual seduction pursuant to NRS 200.368; [or]
12-45 (g) Open or gross lewdness pursuant to NRS 201.210[.] ; or
12-46 (h) Luring a child using a computer, system or network pursuant to
12-47 section 4 of this act, if punished as a felony.
13-1 Sec. 17. NRS 179A.073 is hereby amended to read as follows:
13-2 179A.073 1. “Sexual offense” includes acts upon a child
13-3 constituting:
13-4 (a) Sexual assault under NRS 200.366;
13-5 (b) Statutory sexual seduction under NRS 200.368;
13-6 (c) Use of a minor in producing pornography under NRS 200.710;
13-7 (d) Promotion of a sexual performance of a minor under NRS 200.720;
13-8 (e) Possession of a visual presentation depicting the sexual conduct of a
13-9 child under NRS 200.730;
13-10 (f) Incest under NRS 201.180;
13-11 (g) Solicitation of a minor to engage in the infamous crime against
13-12 nature under NRS 201.195;
13-13 (h) Lewdness with a child under NRS 201.230; [or]
13-14 (i) Luring a child using a computer, system or network pursuant to
13-15 section 4 of this act, if punished as a felony; or
13-16 (j) Annoyance or molestation of a minor under NRS 207.260.
13-17 2. “Sexual offense” also includes acts committed outside the state that
13-18 would constitute any of the offenses in subsection 1 if committed in the
13-19 state, and the aiding, abetting, attempting or conspiring to engage in any of
13-20 the offenses in subsection 1.
13-21 Sec. 18. NRS 179A.280 is hereby amended to read as follows:
13-22 179A.280 As used in this section and NRS 179A.270[, 179A.280]
13-23 and 179A.290:
13-24 1. “Juvenile sex offender” means a child adjudicated delinquent for an
13-25 act that, if committed by an adult, would be a sexual offense.
13-26 2. “Sexual offense” means:
13-27 (a) Sexual assault pursuant to NRS 200.366;
13-28 (b) Statutory sexual seduction pursuant to NRS 200.368;
13-29 (c) Battery with intent to commit sexual assault pursuant to NRS
13-30 200.400;
13-31 (d) An offense involving pornography and a minor pursuant to NRS
13-32 200.710 to 200.730, inclusive;
13-33 (e) Incest pursuant to NRS 201.180;
13-34 (f) Solicitation of a minor to engage in acts constituting the infamous
13-35 crime against nature pursuant to NRS 201.195;
13-36 (g) Open or gross lewdness pursuant to NRS 201.210;
13-37 (h) Indecent or obscene exposure pursuant to NRS 201.220;
13-38 (i) Lewdness with a child pursuant to NRS 201.230;
13-39 (j) Sexual penetration of a dead human body pursuant to NRS 201.450;
13-40 (k) Luring a child using a computer, system or network pursuant to
13-41 section 4 of this act, if punished as a felony;
13-42 (l) Annoyance or molestation of a minor pursuant to NRS 207.260;
13-43 [(l)] (m) An attempt to commit an offense listed in paragraphs (a) to
13-44 [(k), inclusive;
13-45 (m)] (l), inclusive;
13-46 (n) An offense that is determined to be sexually motivated pursuant to
13-47 NRS 175.547; or
13-48 [(n)] (o) An offense committed in another jurisdiction that, if
13-49 committed in this state, would be an offense listed in this subsection.
14-1 Sec. 19. NRS 179D.035 is hereby amended to read as follows:
14-2 179D.035 “Convicted” includes, but is not limited to, an adjudication
14-3 of delinquency or a finding of guilt by a court having jurisdiction over
14-4 juveniles if the adjudication of delinquency or the finding of guilt is for the
14-5 commission of any of the following offenses:
14-6 1. A crime against a child that is listed in subsection 6 of NRS
14-7 179D.210.
14-8 2. A sexual offense that is listed in subsection [19] 20 of NRS
14-9 179D.410.
14-10 3. A sexual offense that is listed in paragraph (b) of subsection 3 of
14-11 NRS 62.600.
14-12 Sec. 20. NRS 179D.400 is hereby amended to read as follows:
14-13 179D.400 1. “Sex offender” means a person who, after July 1, 1956,
14-14 is or has been:
14-15 (a) Convicted of a sexual offense listed in NRS 179D.410; or
14-16 (b) Adjudicated delinquent or found guilty by a court having
14-17 jurisdiction over juveniles of a sexual offense listed in subsection [19] 20
14-18 of NRS 179D.410.
14-19 2. The term includes, but is not limited to:
14-20 (a) A sexually violent predator.
14-21 (b) A nonresident sex offender who is a student or worker within this
14-22 state.
14-23 Sec. 21. NRS 179D.410 is hereby amended to read as follows:
14-24 179D.410 “Sexual offense” means any of the following offenses:
14-25 1. Murder of the first degree committed in the perpetration or
14-26 attempted perpetration of sexual assault or of sexual abuse or sexual
14-27 molestation of a child less than 14 years of age pursuant to paragraph (b) of
14-28 subsection 1 of NRS 200.030.
14-29 2. Sexual assault pursuant to NRS 200.366.
14-30 3. Statutory sexual seduction pursuant to NRS 200.368.
14-31 4. Battery with intent to commit sexual assault pursuant to NRS
14-32 200.400.
14-33 5. An offense involving the administration of a drug to another person
14-34 with the intent to enable or assist the commission of a felony pursuant to
14-35 NRS 200.405, if the felony is an offense listed in this section.
14-36 6. An offense involving the administration of a controlled substance to
14-37 another person with the intent to enable or assist the commission of a crime
14-38 of violence pursuant to NRS 200.408, if the crime of violence is an offense
14-39 listed in this section.
14-40 7. Abuse of a child pursuant NRS 200.508, if the abuse involved
14-41 sexual abuse or sexual exploitation.
14-42 8. An offense involving pornography and a minor pursuant to NRS
14-43 200.710 to 200.730, inclusive.
14-44 9. Incest pursuant to NRS 201.180.
14-45 10. Solicitation of a minor to engage in acts constituting the infamous
14-46 crime against nature pursuant to NRS 201.195.
14-47 11. Open or gross lewdness pursuant to NRS 201.210.
14-48 12. Indecent or obscene exposure pursuant to NRS 201.220.
14-49 13. Lewdness with a child pursuant to NRS 201.230.
15-1 14. Sexual penetration of a dead human body pursuant to NRS
15-2 201.450.
15-3 15. Luring a child using a computer, system or network pursuant to
15-4 section 4 of this act, if punished as a felony.
15-5 16. Annoyance or molestation of a minor pursuant to NRS 207.260.
15-6 [16.] 17. An attempt to commit an offense listed in subsections 1 to
15-7 [15,] 16, inclusive.
15-8 [17.] 18. An offense that is determined to be sexually motivated
15-9 pursuant to NRS 175.547 or 207.193.
15-10 [18.] 19. An offense committed in another jurisdiction that, if
15-11 committed in this state, would be an offense listed in this section. This
15-12 subsection includes, but is not limited to, an offense prosecuted in:
15-13 (a) A tribal court.
15-14 (b) A court of the United States or the Armed Forces of the United
15-15 States.
15-16 [19.] 20. An offense of a sexual nature committed in another
15-17 jurisdiction, whether or not the offense would be an offense listed in this
15-18 section, if the person who committed the offense resides or has resided or
15-19 is or has been a student or worker in any jurisdiction in which the person is
15-20 or has been required by the laws of that jurisdiction to register as a sex
15-21 offender because of the offense. This subsection includes, but is not limited
15-22 to, an offense prosecuted in:
15-23 (a) A tribal court.
15-24 (b) A court of the United States or the Armed Forces of the United
15-25 States.
15-26 (c) A court having jurisdiction over juveniles.
15-27 Sec. 22. NRS 179D.610 is hereby amended to read as follows:
15-28 179D.610 1. “Sex offender” means a person who, after July 1, 1956,
15-29 is or has been:
15-30 (a) Convicted of a sexual offense listed in NRS 179D.620; or
15-31 (b) Adjudicated delinquent or found guilty by a court having
15-32 jurisdiction over juveniles of a sexual offense listed in subsection [19] 20
15-33 of NRS 179D.620.
15-34 2. The term includes, but is not limited to:
15-35 (a) A sexually violent predator.
15-36 (b) A nonresident sex offender who is a student or worker within this
15-37 state.
15-38 Sec. 23. NRS 179D.620 is hereby amended to read as follows:
15-39 179D.620 “Sexual offense” means any of the following offenses:
15-40 1. Murder of the first degree committed in the perpetration or
15-41 attempted perpetration of sexual assault or of sexual abuse or sexual
15-42 molestation of a child less than 14 years of age pursuant to paragraph (b) of
15-43 subsection 1 of NRS 200.030.
15-44 2. Sexual assault pursuant to NRS 200.366.
15-45 3. Statutory sexual seduction pursuant to NRS 200.368, if punished as
15-46 a felony.
15-47 4. Battery with intent to commit sexual assault pursuant to NRS
15-48 200.400.
16-1 5. An offense involving the administration of a drug to another person
16-2 with the intent to enable or assist the commission of a felony pursuant to
16-3 NRS 200.405, if the felony is an offense listed in this section.
16-4 6. An offense involving the administration of a controlled substance to
16-5 another person with the intent to enable or assist the commission of a crime
16-6 of violence pursuant to NRS 200.408, if the crime of violence is an offense
16-7 listed in this section.
16-8 7. Abuse of a child pursuant to NRS 200.508, if the abuse involved
16-9 sexual abuse or sexual exploitation and is punished as a felony.
16-10 8. An offense involving pornography and a minor pursuant to NRS
16-11 200.710 to 200.730, inclusive.
16-12 9. Incest pursuant to NRS 201.180.
16-13 10. Solicitation of a minor to engage in acts constituting the infamous
16-14 crime against nature pursuant to NRS 201.195, if punished as a felony.
16-15 11. Open or gross lewdness pursuant to NRS 201.210, if punished as a
16-16 felony.
16-17 12. Indecent or obscene exposure pursuant to NRS 201.220, if
16-18 punished as a felony.
16-19 13. Lewdness with a child pursuant to NRS 201.230.
16-20 14. Sexual penetration of a dead human body pursuant to NRS
16-21 201.450.
16-22 15. Luring a child using a computer, system or network pursuant to
16-23 section 4 of this act, if punished as a felony.
16-24 16. Annoyance or molestation of a minor pursuant to NRS 207.260, if
16-25 punished as a felony.
16-26 [16.] 17. An attempt to commit an offense listed in subsections 1 to
16-27 [15,] 16, inclusive, if punished as a felony.
16-28 [17.] 18. An offense that is determined to be sexually motivated
16-29 pursuant to NRS 175.547 or 207.193.
16-30 [18.] 19. An offense committed in another jurisdiction that, if
16-31 committed in this state, would be an offense listed in this section. This
16-32 subsection includes, but is not limited to, an offense prosecuted in:
16-33 (a) A tribal court.
16-34 (b) A court of the United States or the Armed Forces of the United
16-35 States.
16-36 [19.] 20. An offense of a sexual nature committed in another
16-37 jurisdiction and punished as a felony, whether or not the offense would be
16-38 an offense listed in this section, if the person who committed the offense
16-39 resides or has resided or is or has been a student or worker in any
16-40 jurisdiction in which the person is or has been required by the laws of that
16-41 jurisdiction to register as a sex offender because of the offense. This
16-42 subsection includes, but is not limited to, an offense prosecuted in:
16-43 (a) A tribal court.
16-44 (b) A court of the United States or the Armed Forces of the United
16-45 States.
16-46 (c) A court having jurisdiction over juveniles.
17-1 Sec. 24. Chapter 213 of NRS is hereby amended by adding thereto a
17-2 new section to read as follows:
17-3 1. Except as otherwise provided in subsection 2, if the board releases
17-4 on parole a prisoner convicted of stalking with the use of an Internet or
17-5 network site or electronic mail or any other similar means of
17-6 communication pursuant to subsection 3 of NRS 200.575, an offense
17-7 involving pornography and a minor pursuant to NRS 200.710 to 200.730,
17-8 inclusive, or luring a child using a computer, system or network pursuant
17-9 to paragraph (a) or (b) of subsection 3 of section 4 of this act, the board
17-10 shall, in addition to any other condition of parole, require as a condition
17-11 of parole that the parolee not own or use a computer, including, without
17-12 limitation, use electronic mail, a chat room or the Internet.
17-13 2. The board is not required to impose a condition of parole set forth
17-14 in subsection 1 if the board finds that:
17-15 (a) The use of a computer by the parolee will assist a law enforcement
17-16 agency or officer in a criminal investigation;
17-17 (b) The parolee will use the computer to provide technological
17-18 training concerning technology of which the defendant has a unique
17-19 knowledge; or
17-20 (c) The use of the computer by the parolee will assist companies that
17-21 require the use of the specific technological knowledge of the parolee
17-22 that is unique and is otherwise unavailable to the company.
17-23 3. Except as otherwise provided in subsection 1, if the board releases
17-24 on parole a prisoner convicted of an offense that involved the use of a
17-25 computer, system or network, the board may, in addition to any other
17-26 condition of parole, require as a condition of parole that the parolee not
17-27 own or use a computer, including, without limitation, use electronic mail,
17-28 a chat room or the Internet.
17-29 4. As used in this section:
17-30 (a) “Computer” has the meaning ascribed to it in NRS 205.4735.
17-31 (b) “Network” has the meaning ascribed to it in NRS 205.4745.
17-32 (c) “System” has the meaning ascribed to it in NRS 205.476.
17-33 Sec. 25. NRS 213.107 is hereby amended to read as follows:
17-34 213.107 As used in NRS 213.107 to 213.157, inclusive, and section 24
17-35 of this act, unless the context otherwise requires:
17-36 1. “Board” means the state board of parole commissioners.
17-37 2. “Chief” means the chief parole and probation officer.
17-38 3. “Division” means the division of parole and probation of the
17-39 department of motor vehicles and public safety.
17-40 4. “Residential confinement” means the confinement of a person
17-41 convicted of a crime to his place of residence under the terms and
17-42 conditions established by the board.
17-43 5. “Sex offender” means any person who has been or is convicted of a
17-44 sexual offense.
17-45 6. “Sexual offense” means:
17-46 (a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS
17-47 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph
17-48 (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195,
18-1 NRS 201.230 or 201.450[;] or paragraph (a) or (b) of subsection 3 of
18-2 section 4 of this act;
18-3 (b) An attempt to commit any offense listed in paragraph (a); or
18-4 (c) An act of murder in the first or second degree, kidnapping in the first
18-5 or second degree, false imprisonment, burglary or invasion of the home if
18-6 the act is determined to be sexually motivated at a hearing conducted
18-7 pursuant to NRS 175.547.
18-8 7. “Standards” means the objective standards for granting or revoking
18-9 parole or probation which are adopted by the board or the chief.
18-10 Sec. 26. NRS 213.1214 is hereby amended to read as follows:
18-11 213.1214 1. The board shall not release on parole a prisoner
18-12 convicted of an offense listed in subsection 5 unless a panel consisting of:
18-13 (a) The administrator of the division of mental health and
18-14 developmental services of the department of human resources or his
18-15 designee;
18-16 (b) The director of the department of prisons or his designee; and
18-17 (c) A psychologist licensed to practice in this state or a psychiatrist
18-18 licensed to practice medicine in this state,
18-19 certifies that the prisoner was under observation while confined in an
18-20 institution of the department of prisons and is not a menace to the health,
18-21 safety or morals of others.
18-22 2. A prisoner who has been certified pursuant to subsection 1 and who
18-23 returns for any reason to the custody of the department of prisons may not
18-24 be paroled unless a panel recertifies him in the manner set forth in
18-25 subsection 1.
18-26 3. The panel may revoke the certification of a prisoner certified
18-27 pursuant to subsection 1 at any time.
18-28 4. This section does not create a right in any prisoner to be certified or
18-29 continue to be certified. No prisoner may bring a cause of action against
18-30 the state, its political subdivisions, agencies, boards, commissions,
18-31 departments, officers or employees for not certifying or refusing to place a
18-32 prisoner before a panel for certification pursuant to this section.
18-33 5. The provisions of this section apply to a prisoner convicted of any
18-34 of the following offenses:
18-35 (a) Sexual assault pursuant to NRS 200.366.
18-36 (b) Statutory sexual seduction pursuant to NRS 200.368.
18-37 (c) Battery with intent to commit sexual assault pursuant to NRS
18-38 200.400.
18-39 (d) Abuse or neglect of a child pursuant to NRS 200.508.
18-40 (e) An offense involving pornography and a minor pursuant to NRS
18-41 200.710 to 200.730, inclusive.
18-42 (f) Incest pursuant to NRS 201.180.
18-43 (g) Solicitation of a minor to engage in acts constituting the infamous
18-44 crime against nature pursuant to NRS 201.195.
18-45 (h) Open or gross lewdness pursuant to NRS 201.210.
18-46 (i) Indecent or obscene exposure pursuant to NRS 201.220.
18-47 (j) Lewdness with a child pursuant to NRS 201.230.
18-48 (k) Sexual penetration of a dead human body pursuant to NRS 201.450.
19-1 (l) Luring a child using a computer, system or network pursuant to
19-2 section 4 of this act, if punished as a felony.
19-3 (m) An attempt to commit an offense listed in paragraphs (a) to [(l),
19-4 inclusive.
19-5 (m)] (m), inclusive.
19-6 (n) Coercion or attempted coercion that is determined to be sexually
19-7 motivated pursuant to NRS 207.193.
19-8 Sec. 27. NRS 213.1255 is hereby amended to read as follows:
19-9 213.1255 1. In addition to any conditions of parole required to be
19-10 imposed pursuant to NRS 213.1245, as a condition of releasing on parole a
19-11 prisoner who was convicted of committing an offense listed in subsection 2
19-12 against a child under the age of 14 years, the board shall, when appropriate:
19-13 (a) Require the parolee to participate in psychological counseling;
19-14 (b) Prohibit the parolee from being alone with a child unless another
19-15 adult who has never been convicted of a sexual offense is present; and
19-16 (c) Prohibit the parolee from being on or near the grounds of any place
19-17 that is primarily designed for use by or for children, including, without
19-18 limitation, a public or private school, a center or facility that provides day
19-19 care services, a video arcade and an amusement park.
19-20 2. The provisions of subsection 1 apply to a prisoner who was
19-21 convicted of:
19-22 (a) Sexual assault pursuant to paragraph (c) of subsection 3 of NRS
19-23 200.366;
19-24 (b) Abuse or neglect of a child pursuant to paragraph (a) of subsection 2
19-25 of NRS 200.508;
19-26 (c) An offense punishable pursuant to subsection 2 of NRS 200.750;
19-27 (d) Solicitation of a minor to engage in acts constituting the infamous
19-28 crime against nature pursuant to subparagraph (1) of paragraph (a) of
19-29 subsection 1 of NRS 201.195;
19-30 (e) Lewdness with a child pursuant to NRS 201.230; [or]
19-31 (f) Luring a child using a computer, system or network pursuant to
19-32 section 4 of this act, if punished as a felony; or
19-33 (g) Any combination of the crimes listed in paragraphs (a) to [(e),] (f),
19-34 inclusive.
19-35 Sec. 28. The amendatory provisions of this act do not apply to
19-36 offenses committed before the effective date of this act.
19-37 Sec. 29. This act becomes effective upon passage and approval.
19-38 H