(Reprinted with amendments adopted on April 7, 2003)

 

Senate Bill No. 300–Committee on Judiciary

 

(On Behalf of the Attorney General)

 

March 17, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning technological crimes. (BDR 15‑438)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to crimes; limiting the fee that may be charged by a provider of Internet service for providing information pursuant to certain subpoenas; revising the provision relating to using technology to lure children; providing that the crime of using technology to lure a child constitutes immoral conduct for the purposes of certain provisions related to educational personnel; providing that certain licensed educational employees forfeit their rights of employment if convicted of such a crime; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 193.340 is hereby amended to read as follows:

1-2  193.340  1.  A provider of Internet service who violates the

1-3  provisions of 18 U.S.C. § 2703[, as that section existed on June 13,

1-4  2001,] is guilty of a misdemeanor and shall be punished by a fine of

1-5  not less than $50 or more than $500 for each violation.

1-6  2.  In investigating criminal activity that involves or may

1-7  involve the use of a computer, the Attorney General, a district

1-8  attorney, the sheriff of any county in this state, the head of any

1-9  organized police department of any municipality in this state, the

1-10  head of any department of this state engaged in the enforcement of

2-1  any criminal law of this state and any sheriff or chief of police of a

2-2  municipality may, if there is reasonable cause to believe that an

2-3  individual subscriber or customer of a provider of Internet service

2-4  has committed an offense through the use of the services of the

2-5  provider of Internet service , [that is punishable as a felony,] issue a

2-6  subpoena to carry out the procedure set forth in 18 U.S.C. § 2703 [,

2-7  as that section existed on June 13, 2001,] to compel the provider of

2-8  Internet service to provide information concerning the individual

2-9  subscriber or customer that the provider of Internet service is

2-10  required to disclose pursuant to 18 U.S.C. § 2703 . [, as that section

2-11  existed on June 13, 2001.]

2-12      3.  If a person who has been issued a subpoena pursuant to

2-13  subsection 2 charges a fee for providing the information, the fee

2-14  must not exceed the actual cost for providing the information.

2-15      4.  If a person who has been issued a subpoena pursuant to

2-16  subsection 2 refuses to produce any information that the subpoena

2-17  requires, the person who issued the subpoena may apply to the

2-18  district court for the judicial district in which the investigation is

2-19  being carried out for the enforcement of the subpoena in the manner

2-20  provided by law for the enforcement of a subpoena in a civil action.

2-21      [4.] 5. As used in this section, “provider of Internet service”

2-22  has the meaning ascribed to it in NRS 205.4758, but does not

2-23  include a public library when it is engaged in providing access to the

2-24  Internet.

2-25      Sec. 2.  NRS 201.265 is hereby amended to read as follows:

2-26      201.265  Except as otherwise provided in NRS 200.720 and

2-27  201.2655, and unless a greater penalty is provided pursuant to

2-28  NRS 201.560, a person is guilty of a misdemeanor if the person

2-29  knowingly:

2-30      1.  Distributes or causes to be distributed to a minor material

2-31  that is harmful to minors, unless the person is the parent, guardian or

2-32  spouse of the minor.

2-33      2.  Exhibits for distribution to an adult in such a manner or

2-34  location as to allow a minor to view or to have access to examine

2-35  material that is harmful to minors, unless the person is the parent,

2-36  guardian or spouse of the minor.

2-37      3.  Sells to a minor an admission ticket or pass for or otherwise

2-38  admits a minor for monetary consideration to any presentation of

2-39  material that is harmful to minors, unless the minor is accompanied

2-40  by his parent, guardian or spouse.

2-41      4.  Misrepresents that he is the parent, guardian or spouse of a

2-42  minor for the purpose of:

2-43      (a) Distributing to the minor material that is harmful to minors;

2-44  or

3-1  (b) Obtaining admission of the minor to any presentation of

3-2  material that is harmful to minors.

3-3  5.  Misrepresentshis age as 18 or over for the purpose of

3-4  obtaining:

3-5  (a) Material that is harmful to minors; or

3-6  (b) Admission to any presentation of material that is harmful to

3-7  minors.

3-8  6.  Sells or rents motion pictures which contain material that is

3-9  harmful to minors on the premises of a business establishment open

3-10  to minors, unless the person creates an area within the establishment

3-11  for the placement of the motion pictures and any material that

3-12  advertises the sale or rental of the motion pictures which:

3-13      (a) Prevents minors from observing the motion pictures or any

3-14  material that advertises the sale or rental of the motion pictures; and

3-15      (b) Is labeled, in a prominent and conspicuous location, “Adults

3-16  Only.”

3-17      Sec. 3.  NRS 201.560 is hereby amended to read as follows:

3-18      201.560  1.  Except as otherwise provided in subsection 2, a

3-19  person shall not use a computer, system or network to knowingly

3-20  contact or communicate with or attempt to contact or communicate

3-21  with a child who is less than 16 years of age and who is at least 5

3-22  years younger than the person with the intent to persuade, lure or

3-23  transport the child away from his home or from any location known

3-24  to his parent or guardian or other person legally responsible for the

3-25  child to a place other than where the child is located, for any

3-26  purpose:

3-27      (a) Without the express consent of the parent or guardian or

3-28  other person legally responsible for the child; and

3-29      (b) With the intent to avoid the consent of the parent or guardian

3-30  or other person legally responsible for the child.

3-31      2.  The provisions of this section do not apply if the contact or

3-32  communication is made or attempted with the intent to prevent

3-33  imminent bodily, emotional or psychological harm to the child.

3-34      3.  A person who violates or attempts to violate the provisions

3-35  of this section:

3-36      (a) With the intent to engage in sexual conduct with the child or

3-37  to cause the child to engage in sexual conduct, is guilty of a

3-38  category B felony and shall be punished by imprisonment in the

3-39  state prison for a minimum term of not less than 1 year and a

3-40  maximum term of not more than 10 years and may be further

3-41  punished by a fine of not more than $10,000;

3-42      (b) By providing the child with [obscene] material that is

3-43  harmful to minors or requesting the child to provide the person

3-44  with [obscene material,] material that is harmful to minors, is

4-1  guilty of a category C felony and shall be punished as provided in

4-2  NRS 193.130; or

4-3  (c) If paragraph (a) or (b) does not apply, is guilty of a gross

4-4  misdemeanor.

4-5  4.  As used in this section:

4-6  (a) “Computer” has the meaning ascribed to it in NRS 205.4735.

4-7  (b) “Harmful to minors” has the meaning ascribed to it in

4-8  NRS 201.257.

4-9  (c) “Material” means anything that is capable of being used or

4-10  adapted to arouse interest, whether through the medium of reading,

4-11  observation, sound or in any other manner.

4-12      [(c)] (d) “Network” has the meaning ascribed to it in

4-13  NRS 205.4745.

4-14      [(d) “Obscene” has the meaning ascribed to it in NRS 201.235.]

4-15      (e) “Sexual conduct” has the meaning ascribed to it in

4-16  NRS 201.520.

4-17      (f) “System” has the meaning ascribed to it in NRS 205.476.

4-18      Sec. 4.  NRS 391.311 is hereby amended to read as follows:

4-19      391.311  As used in NRS 391.311 to 391.3197, inclusive,

4-20  unless the context otherwise requires:

4-21      1.  “Administrator” means any employee who holds a license as

4-22  an administrator and who is employed in that capacity by a school

4-23  district.

4-24      2.  “Board” means the board of trustees of the school district in

4-25  which a licensed employee affected by NRS 391.311 to 391.3197,

4-26  inclusive, is employed.

4-27      3.  “Demotion” means demotion of an administrator to a

4-28  position of lesser rank, responsibility or pay and does not include

4-29  transfer or reassignment for purposes of an administrative

4-30  reorganization.

4-31      4.  “Immorality” means an act forbidden by NRS 200.366,

4-32  200.368, 200.400, 200.508, 201.180, 201.190, 201.210, 201.220,

4-33  201.230, 201.265 , 201.560 or 207.260.

4-34      5.  “Postprobationary employee” means an administrator or a

4-35  teacher who has completed the probationary period as provided in

4-36  NRS 391.3197 and has been given notice of reemployment.

4-37      6.  “Probationary employee” means an administrator or a

4-38  teacher who is employed for the period set forth in NRS 391.3197.

4-39      7.  “Superintendent” means the superintendent of a school

4-40  district or a person designated by the board or superintendent to act

4-41  as superintendent during the absence of the superintendent.

4-42      8.  “Teacher” means a licensed employee the majority of whose

4-43  working time is devoted to the rendering of direct educational

4-44  service to pupils of a school district.

 

5-1  Sec. 5.  NRS 391.314 is hereby amended to read as follows:

5-2  391.314  1.  If a superintendent has reason to believe that

5-3  cause exists for the dismissal of a licensed employee and he is of the

5-4  opinion that the immediate suspension of the employee is necessary

5-5  in the best interests of the pupils in the district, the superintendent

5-6  may suspend the employee without notice and without a hearing.

5-7  Notwithstanding the provisions of NRS 391.312, a superintendent

5-8  may suspend a licensed employee who has been officially charged

5-9  but not yet convicted of a felony or a crime involving moral

5-10  turpitude or immorality. If the charge is dismissed or if the

5-11  employee is found not guilty, he must be reinstated with back pay,

5-12  plus interest, and normal seniority. The superintendent shall notify

5-13  the employee in writing of the suspension.

5-14      2.  Within 5 days after a suspension becomes effective, the

5-15  superintendent shall begin proceedings pursuant to the provisions of

5-16  NRS 391.312 to 391.3196, inclusive, to effect the employee’s

5-17  dismissal. The employee is entitled to continue to receive his salary

5-18  and other benefits after the suspension becomes effective until the

5-19  date on which the dismissal proceedings are commenced. The

5-20  superintendent may recommend that an employee who has been

5-21  charged with a felony or a crime involving immorality be dismissed

5-22  for another ground set forth in NRS 391.312.

5-23      3.  If sufficient grounds for dismissal do not exist, the employee

5-24  must be reinstated with full compensation, plus interest.

5-25      4.  A licensed employee who furnishes to the school district a

5-26  bond or other security which is acceptable to the board as a

5-27  guarantee that he will repay any amounts paid to him pursuant to

5-28  this subsection as salary during a period of suspension is entitled to

5-29  continue to receive his salary from the date on which the dismissal

5-30  proceedings are commenced until the decision of the board or the

5-31  report of the hearing officer, if the report is final and binding. The

5-32  board shall not unreasonably refuse to accept security other than a

5-33  bond. An employee who receives salary pursuant to this subsection

5-34  shall repay it if he is dismissed or not reemployed as a result of a

5-35  decision of the board or a report of a hearing officer.

5-36      5.  A licensed employee who is convicted of a crime which

5-37  requires registration pursuant to NRS 179D.200 to 179D.290,

5-38  inclusive, or 179D.350 to 179D.550, inclusive, or is convicted of an

5-39  act forbidden by NRS 200.508, 201.190 , [or] 201.265 or 201.560

5-40  forfeits all rights of employment from the date of his arrest.

5-41      6.  A licensed employee who is convicted of any crime and who

5-42  is sentenced to and serves any sentence of imprisonment forfeits all

5-43  rights of employment from the date of his arrest or the date on

5-44  which his employment terminated, whichever is later.

6-1  7.  A licensed employee who is charged with a felony or a

6-2  crime involving immorality or moral turpitude and who waives his

6-3  right to a speedy trial while suspended may receive no more than 12

6-4  months of back pay and seniority upon reinstatement if he is found

6-5  not guilty or the charges are dismissed, unless proceedings have

6-6  been begun to dismiss the employee upon one of the other grounds

6-7  set forth in NRS 391.312.

6-8  8.  A superintendent may discipline a licensed employee by

6-9  suspending the employee with loss of pay at any time after a hearing

6-10  has been held which affords the due process provided for in this

6-11  chapter. The grounds for suspension are the same as the grounds

6-12  contained in NRS 391.312. An employee may be suspended more

6-13  than once during the employee’s contract year, but the total number

6-14  of days of suspension may not exceed 20 in 1 contract year. Unless

6-15  circumstances require otherwise, the suspensions must be

6-16  progressively longer.

6-17      Sec. 6.  This act becomes effective on July 1, 2003.

 

6-18  H