Senate Bill No. 394–Committee on Judiciary
March 18, 2003
____________
Referred to Committee on Judiciary
SUMMARY—Revises various provisions relating to certain criminal statutes. (BDR 15‑1026)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: Yes.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to crimes; revising the provisions of the crime relating to the annoyance and molestation of a minor to prohibit certain acts committed against certain children and mentally ill persons; prohibiting the luring of a child or mentally ill person under certain circumstances; providing that certain crimes committed against certain children or mentally ill persons constitute sexual offenses for the purposes of various statutes; providing that certain crimes committed against certain children or mentally ill persons constitute immoral conduct for the purposes of certain provisions related to educational personnel and that certain licensed educational employees forfeit their rights of employment if convicted of such crimes; revising certain provisions of the crime relating to manufacturing or compounding certain controlled substances; providing penalties; 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 201.265 is hereby amended to read as follows:
1-2 201.265 Except as otherwise provided in NRS 200.720 and
1-3 201.2655, and unless a greater penalty is provided pursuant to
1-4 NRS 201.560, a person is guilty of a misdemeanor if the person
1-5 knowingly:
2-1 1. Distributes or causes to be distributed to a minor material
2-2 that is harmful to minors, unless the person is the parent, guardian or
2-3 spouse of the minor.
2-4 2. Exhibits for distribution to an adult in such a manner or
2-5 location as to allow a minor to view or to have access to examine
2-6 material that is harmful to minors, unless the person is the parent,
2-7 guardian or spouse of the minor.
2-8 3. Sells to a minor an admission ticket or pass for or otherwise
2-9 admits a minor for monetary consideration to any presentation of
2-10 material that is harmful to minors, unless the minor is accompanied
2-11 by his parent, guardian or spouse.
2-12 4. Misrepresents that he is the parent, guardian or spouse of a
2-13 minor for the purpose of:
2-14 (a) Distributing to the minor material that is harmful to minors;
2-15 or
2-16 (b) Obtaining admission of the minor to any presentation of
2-17 material that is harmful to minors.
2-18 5. Misrepresentshis age as 18 or over for the purpose of
2-19 obtaining:
2-20 (a) Material that is harmful to minors; or
2-21 (b) Admission to any presentation of material that is harmful to
2-22 minors.
2-23 6. Sells or rents motion pictures which contain material that is
2-24 harmful to minors on the premises of a business establishment open
2-25 to minors, unless the person creates an area within the establishment
2-26 for the placement of the motion pictures and any material that
2-27 advertises the sale or rental of the motion pictures which:
2-28 (a) Prevents minors from observing the motion pictures or any
2-29 material that advertises the sale or rental of the motion pictures; and
2-30 (b) Is labeled, in a prominent and conspicuous location, “Adults
2-31 Only.”
2-32 Sec. 2. NRS 201.560 is hereby amended to read as follows:
2-33 201.560 1. Except as otherwise provided in subsection [2,] 3,
2-34 a person shall not [use a computer, system or network to] knowingly
2-35 contact or communicate with or attempt to contact or communicate
2-36 with a child who is less than 16 years of age and who is at least 5
2-37 years younger than the person with the intent to persuade, lure or
2-38 transport the child away from his home or from any location known
2-39 to his parent or guardian or other person legally responsible for the
2-40 child to a place other than where the child is located, for any
2-41 purpose:
2-42 (a) Without the express consent of the parent or guardian or
2-43 other person legally responsible for the child; and
2-44 (b) With the intent to avoid the consent of the parent or guardian
2-45 or other person legally responsible for the child.
3-1 2. Except as otherwise provided in subsection 3, a person
3-2 shall not knowingly contact or communicate with a mentally ill
3-3 person with the intent to persuade, lure or transport the mentally
3-4 ill person away from his home or from any location known to any
3-5 person legally responsible for the mentally ill person to a place
3-6 other than where the mentally ill person is located:
3-7 (a) For any purpose that a reasonable person under the
3-8 circumstances would know would endanger the health, safety or
3-9 welfare of the mentally ill person;
3-10 (b) Without the express consent of the person legally
3-11 responsible for the mentally ill person; and
3-12 (c) With the intent to avoid the consent of the person legally
3-13 responsible for the mentally ill person.
3-14 3. The provisions of this section do not apply if the contact or
3-15 communication is made or attempted with the intent to prevent
3-16 imminent bodily, emotional or psychological harm to the child[.
3-17 3.] or mentally ill person.
3-18 4. A person who violates or attempts to violate the provisions
3-19 of this section[:] through the use of a computer, system or
3-20 network:
3-21 (a) With the intent to engage in sexual conduct with the child or
3-22 mentally ill person or to cause the child or mentally ill person to
3-23 engage in sexual conduct, is guilty of a category B felony and shall
3-24 be punished by imprisonment in the state prison for a minimum
3-25 term of not less than 1 year and a maximum term of not more than
3-26 10 years and may be further punished by a fine of not more than
3-27 $10,000;
3-28 (b) By providing the child or mentally ill person with [obscene]
3-29 material that is harmful to minors or requesting the child or
3-30 mentally ill person to provide the person with [obscene material,]
3-31 material that is harmful to minors, is guilty of a category C felony
3-32 and shall be punished as provided in NRS 193.130; or
3-33 (c) If paragraph (a) or (b) does not apply, is guilty of a gross
3-34 misdemeanor.
3-35 [4.] 5. A person who violates or attempts to violate the
3-36 provisions of this section in a manner other than through the use
3-37 of a computer, system or network:
3-38 (a) With the intent to engage in sexual conduct with the child
3-39 or mentally ill person or to cause the child or mentally ill person to
3-40 engage in sexual conduct, is guilty of a category B felony and
3-41 shall be punished by imprisonment in the state prison for a
3-42 minimum term of not less than 2 years and a maximum term of
3-43 not more than 15 years and may be further punished by a fine of
3-44 not more than $10,000;
4-1 (b) By providing the child or mentally ill person with material
4-2 that is harmful to minors or requesting the child or mentally ill
4-3 person to provide the person with material that is harmful to
4-4 minors, is guilty of a category B felony and shall be punished by
4-5 imprisonment in the state prison for a minimum term of not less
4-6 than 1 year and a maximum term of not more than 6 years and
4-7 may be further punished by a fine of not more than $10,000; or
4-8 (c) If paragraph (a) or (b) does not apply, is guilty of a gross
4-9 misdemeanor.
4-10 6. As used in this section:
4-11 (a) “Computer” has the meaning ascribed to it in NRS 205.4735.
4-12 (b) “Harmful to minors” has the meaning ascribed to it in
4-13 NRS 201.257.
4-14 (c) “Material” means anything that is capable of being used or
4-15 adapted to arouse interest, whether through the medium of reading,
4-16 observation, sound or in any other manner.
4-17 [(c)] (d) “Mentally ill person” means a person who has any
4-18 mental dysfunction leading to impaired ability to maintain himself
4-19 and to function effectively in his life situation without external
4-20 support.
4-21 (e) “Network” has the meaning ascribed to it in NRS 205.4745.
4-22 [(d) “Obscene” has the meaning ascribed to it in NRS 201.235.
4-23 (e)] (f) “Sexual conduct” has the meaning ascribed to it in
4-24 NRS 201.520.
4-25 [(f)] (g) “System” has the meaning ascribed to it in
4-26 NRS 205.476.
4-27 Sec. 3. NRS 207.260 is hereby amended to read as follows:
4-28 207.260 1. [Unless a greater penalty is provided by specific
4-29 statute, a person who annoys or molests or attempts to annoy or
4-30 molest a minor , including, without limitation, soliciting a minor to
4-31 engage in unlawful sexual conduct,] A person who, without lawful
4-32 authority, willfully and maliciously engages in a course of conduct
4-33 with a child who is under 16 years of age and who is at least 5
4-34 years younger than the person which would cause a reasonable
4-35 child of like age to feel terrorized, frightened, intimidated or
4-36 harassed, and which actually causes the child to feel terrorized,
4-37 frightened, intimidated or harassed, commits the crime of
4-38 unlawful contact with a child.
4-39 2. A person who, without lawful authority, willfully and
4-40 maliciously engages in a course of conduct with a mentally ill
4-41 person which would cause a mentally ill person of like mental
4-42 condition to feel terrorized, frightened, intimidated or harassed,
4-43 and which actually causes the mentally ill person to feel
4-44 terrorized, frightened, intimidated or harassed, commits the crime
4-45 of unlawful contact with a mentally ill person.
5-1 3. The penalties provided in this section do not preclude the
5-2 victim from seeking any other legal remedy available.
5-3 4. Unless a greater penalty is provided by specific statute, a
5-4 person who commits the crime of unlawful contact with a child or
5-5 unlawful contact with a mentally ill person is guilty of:
5-6 (a) For the first offense, a gross misdemeanor.
5-7 (b) For the second and each subsequent offense, a category B
5-8 felony and shall be punished by imprisonment in the state prison for
5-9 a minimum term of not less than 1 year and a maximum term of not
5-10 more than 6 years, and may be further punished by a fine of not
5-11 more than $5,000.
5-12 [2. For the purposes of this section, “soliciting” includes,
5-13 without limitation, contacting a person directly, through the use of a
5-14 telephone, in writing, through the use of a computer or through an
5-15 advertisement.
5-16 3.] 5. As used in this section:
5-17 (a) [“Computer” has the meaning ascribed to it in
5-18 NRS 205.4735.
5-19 (b) “Sexual conduct” has the meaning ascribed to it in
5-20 NRS 200.700.] “Course of conduct” means a pattern of conduct
5-21 which consists of a series of acts over time that evidences a
5-22 continuity of purpose directed at a specific person.
5-23 (b) “Mentally ill person” means a person who has any mental
5-24 dysfunction leading to impaired ability to maintain himself and to
5-25 function effectively in his life situation without external support.
5-26 (c) “Without lawful authority” includes acts that are initiated
5-27 or continued without the victim’s consent. The term does not
5-28 include acts that are otherwise protected or authorized by
5-29 constitutional or statutory law, regulation or order of a court of
5-30 competent jurisdiction, including, but not limited to:
5-31 (1) Picketing which occurs during a strike, work stoppage
5-32 or any other labor dispute.
5-33 (2) The activities of a reporter, photographer, cameraman
5-34 or other person while gathering information for communication to
5-35 the public if that person is employed or engaged by or has
5-36 contracted with a newspaper, periodical, press association or radio
5-37 or television station and is acting solely within that professional
5-38 capacity.
5-39 (3) The activities of a person that are carried out in the
5-40 normal course of his lawful employment.
5-41 (4) Any activities carried out in the exercise of the
5-42 constitutionally protected rights of freedom of speech and
5-43 assembly.
6-1 Sec. 4. NRS 62.138 is hereby amended to read as follows:
6-2 62.138 1. If a petition filed pursuant to the provisions of this
6-3 chapter contains allegations that a child committed an act which
6-4 would be a sexual offense if committed by an adult or which
6-5 involved the use or threatened use of force or violence against the
6-6 victim, the prosecuting attorney shall provide to the victim and a
6-7 parent or guardian of the victim, as soon as practicable after the
6-8 petition is filed, documentation that includes:
6-9 (a) A form advising the victim and the parent or guardian of
6-10 their rights pursuant to the provisions of this chapter; and
6-11 (b) The form or procedure that must be used to request
6-12 disclosure pursuant to subsection 12 of NRS 62.193.
6-13 2. As used in this section, “sexual offense” means:
6-14 (a) Sexual assault pursuant to NRS 200.366;
6-15 (b) Battery with intent to commit sexual assault pursuant to
6-16 NRS 200.400;
6-17 (c) An offense involving pornography and a minor pursuant to
6-18 NRS 200.710 to 200.730, inclusive;
6-19 (d) Open or gross lewdness pursuant to NRS 201.210;
6-20 (e) Indecent or obscene exposure pursuant to NRS 201.220;
6-21 (f) Lewdness with a child pursuant to NRS 201.230;
6-22 (g) Sexual penetration of a dead human body pursuant to
6-23 NRS 201.450;
6-24 (h) [Annoyance or molestation of a minor pursuant to NRS
6-25 207.260;] Luring a child or mentally ill person pursuant to NRS
6-26 201.560, if punishable as a felony; or
6-27 (i) An attempt to commit an offense listed in this subsection.
6-28 Sec. 5. NRS 62.350 is hereby amended to read as follows:
6-29 62.350 1. The fingerprints of a child must be taken if the
6-30 child is in custody for an act that, if committed by an adult:
6-31 (a) Would be a felony, a gross misdemeanor or a sexual offense;
6-32 or
6-33 (b) Would be a misdemeanor, and the act involved:
6-34 (1) The use or threatened use of force or violence against the
6-35 victim; or
6-36 (2) The possession, use or threatened use of a firearm or a
6-37 deadly weapon.
6-38 2. The fingerprints of a child who is in custody but who is not
6-39 subject to the provisions of subsection 1 may be taken if a law
6-40 enforcement officer finds latent fingerprints during the investigation
6-41 of an offense and the officer has reason to believe that the latent
6-42 fingerprints are those of the child. The officer shall use the
6-43 fingerprints taken from the child to make an immediate comparison
6-44 with the latent fingerprints. If the comparison is:
7-1 (a) Negative, the fingerprint card and other copies of the
7-2 fingerprints taken may be immediately destroyed or may be retained
7-3 for future use.
7-4 (b) Positive, the fingerprint card and other copies of the
7-5 fingerprints:
7-6 (1) Must be delivered to the court for disposition if the child
7-7 is referred to court.
7-8 (2) May be immediately destroyed or may be retained for
7-9 future use if the child is not referred to court.
7-10 3. Fingerprints that are taken from a child pursuant to the
7-11 provisions of this section:
7-12 (a) May be retained in a local file or a local system for the
7-13 automatic retrieval of fingerprints if they are retained under special
7-14 security measures that limit inspection of the fingerprints to law
7-15 enforcement officers who are conducting criminal investigations. If
7-16 the child from whom the fingerprints are taken subsequently is not
7-17 adjudicated delinquent, the parent or guardian of the child or, when
7-18 the child becomes at least 18 years of age, the child may petition the
7-19 court for the removal of the fingerprints from any such local file or
7-20 local system.
7-21 (b) Must be submitted to the Central Repository for Nevada
7-22 Records of Criminal History if the child is adjudicated delinquent
7-23 for an act that, if committed by an adult, would be a felony or sexual
7-24 offense, and may be submitted to the Central Repository for any
7-25 other act. Any such fingerprints submitted to the Central Repository
7-26 must be submitted with a description of the child and the unlawful
7-27 act, if any, that the child committed. The Central Repository shall
7-28 retain the fingerprints and such information of the child under
7-29 special security measures that limit inspection of the fingerprints
7-30 and such information to law enforcement officers who are
7-31 conducting criminal investigations and to officers and employees of
7-32 the Central Repository who are assisting law enforcement officers
7-33 with criminal investigations or who are conducting research or
7-34 performing a statistical analysis.
7-35 (c) Must not be submitted to the Federal Bureau of Investigation
7-36 unless the child is adjudicated delinquent for an act that, if
7-37 committed by an adult, would be a felony or a sexual offense.
7-38 4. A child who is in custody must be photographed for the
7-39 purpose of identification. Except as otherwise provided in this
7-40 subsection, the photographs of the child must be kept in the file
7-41 pertaining to the child under special security measures which
7-42 provide that the photographs may be inspected only to conduct
7-43 criminal investigations and photographic lineups. If a court
7-44 subsequently determines that the child is not delinquent, the court
7-45 shall order the photographs to be destroyed.
8-1 5. Any person who willfully violates any provision of this
8-2 section is guilty of a misdemeanor.
8-3 6. As used in this section, “sexual offense” means:
8-4 (a) Sexual assault pursuant to NRS 200.366;
8-5 (b) Statutory sexual seduction pursuant to NRS 200.368;
8-6 (c) Battery with intent to commit sexual assault pursuant to
8-7 NRS 200.400;
8-8 (d) An offense involving pornography and a minor pursuant to
8-9 NRS 200.710 to 200.730, inclusive;
8-10 (e) Incest pursuant to NRS 201.180;
8-11 (f) Solicitation of a minor to engage in acts constituting the
8-12 infamous crime against nature pursuant to NRS 201.195;
8-13 (g) Open or gross lewdness pursuant to NRS 201.210;
8-14 (h) Indecent or obscene exposure pursuant to NRS 201.220;
8-15 (i) Lewdness with a child pursuant to NRS 201.230;
8-16 (j) Sexual penetration of a dead human body pursuant to
8-17 NRS 201.450;
8-18 (k) [Annoyance or molestation of a minor pursuant to NRS
8-19 207.260;] Luring a child or mentally ill person pursuant to NRS
8-20 201.560, if punishable as a felony;
8-21 (l) An attempt to commit an offense listed in paragraphs (a) to
8-22 (k), inclusive; or
8-23 (m) An offense that is determined to be sexually motivated
8-24 pursuant to NRS 175.547.
8-25 Sec. 6. NRS 62.435 is hereby amended to read as follows:
8-26 62.435 “Sexual offense” means:
8-27 1. Sexual assault pursuant to NRS 200.366;
8-28 2. Battery with intent to commit sexual assault pursuant to
8-29 NRS 200.400;
8-30 3. An offense involving pornography and a minor pursuant to
8-31 NRS 200.710 to 200.730, inclusive;
8-32 4. Open or gross lewdness pursuant to NRS 201.210, if
8-33 punishable as a felony;
8-34 5. Indecent or obscene exposure pursuant to NRS 201.220, if
8-35 punishable as a felony;
8-36 6. Lewdness with a child pursuant to NRS 201.230;
8-37 7. Sexual penetration of a dead human body pursuant to
8-38 NRS 201.450;
8-39 8. [Annoyance or molestation of a minor pursuant to NRS
8-40 207.260,] Luring a child or mentally ill person pursuant to NRS
8-41 201.560, if punishable as a felony; or
8-42 9. An attempt to commit an offense listed in this section, if
8-43 punishable as a felony.
9-1 Sec. 7. NRS 176.0931 is hereby amended to read as follows:
9-2 176.0931 1. If a defendant is convicted of a sexual offense,
9-3 the court shall include in sentencing, in addition to any other
9-4 penalties provided by law, a special sentence of lifetime supervision.
9-5 2. The special sentence of lifetime supervision commences
9-6 after any period of probation or any term of imprisonment and any
9-7 period of release on parole.
9-8 3. A person sentenced to lifetime supervision may petition the
9-9 district court in whose jurisdiction he resides for release from
9-10 lifetime supervision. The court shall grant a petition for release from
9-11 a special sentence of lifetime supervision if:
9-12 (a) The person has not been convicted of an offense that poses a
9-13 threat to the safety or well‑being of others for an interval of at least
9-14 15 consecutive years after his last conviction or release from
9-15 incarceration, whichever occurs later; and
9-16 (b) The person is not likely to pose a threat to the safety of
9-17 others if released from lifetime supervision.
9-18 4. A person who is released from lifetime supervision pursuant
9-19 to the provisions of subsection 3 remains subject to the provisions
9-20 for registration as a sex offender and to the provisions for
9-21 community notification, unless he is otherwise relieved from the
9-22 operation of those provisions pursuant to the provisions of NRS
9-23 179D.350 to 179D.800, inclusive.
9-24 5. As used in this section:
9-25 (a) “Offense that poses a threat to the safety or well‑being of
9-26 others” has the meaning ascribed to it in NRS 179D.060.
9-27 (b) “Sexual offense” means:
9-28 (1) A violation of NRS 200.366, subsection 4 of NRS
9-29 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730,
9-30 NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of
9-31 subsection 1 of NRS 201.195, NRS 201.230 or 201.450 or
9-32 paragraph (a) or (b) of subsection [3] 4 or paragraph (a) or (b) of
9-33 subsection 5 of NRS 201.560;
9-34 (2) An attempt to commit an offense listed in subparagraph
9-35 (1); or
9-36 (3) An act of murder in the first or second degree,
9-37 kidnapping in the first or second degree, false imprisonment,
9-38 burglary or invasion of the home if the act is determined to be
9-39 sexually motivated at a hearing conducted pursuant to NRS 175.547.
9-40 Sec. 8. NRS 176.133 is hereby amended to read as follows:
9-41 176.133 As used in NRS 176.133 to 176.159, inclusive, unless
9-42 the context otherwise requires:
9-43 1. “Person professionally qualified to conduct psychosexual
9-44 evaluations” means a person who has received training in
9-45 conducting psychosexual evaluations and is:
10-1 (a) A psychiatrist licensed to practice medicine in this state and
10-2 certified by the American Board of Psychiatry and Neurology[;] ,
10-3 Inc.;
10-4 (b) A psychologist licensed to practice in this state;
10-5 (c) A social worker holding a master’s degree in social work and
10-6 licensed in this state as a clinical social worker;
10-7 (d) A registered nurse holding a master’s degree in the field of
10-8 psychiatric nursing and licensed to practice professional nursing in
10-9 this state; or
10-10 (e) A marriage and family therapist licensed in this state
10-11 pursuant to chapter 641A of NRS.
10-12 2. “Psychosexual evaluation” means an evaluation conducted
10-13 pursuant to NRS 176.139.
10-14 3. “Sexual offense” means:
10-15 (a) Sexual assault pursuant to NRS 200.366;
10-16 (b) Statutory sexual seduction pursuant to NRS 200.368, if
10-17 punished as a felony;
10-18 (c) Battery with intent to commit sexual assault pursuant to
10-19 NRS 200.400;
10-20 (d) Abuse of a child pursuant to NRS 200.508, if the abuse
10-21 involved sexual abuse or sexual exploitation and is punished as a
10-22 felony;
10-23 (e) An offense involving pornography and a minor pursuant to
10-24 NRS 200.710 to 200.730, inclusive;
10-25 (f) Incest pursuant to NRS 201.180;
10-26 (g) Solicitation of a minor to engage in acts constituting the
10-27 infamous crime against nature pursuant to NRS 201.195, if punished
10-28 as a felony;
10-29 (h) Open or gross lewdness pursuant to NRS 201.210, if
10-30 punished as a felony;
10-31 (i) Indecent or obscene exposure pursuant to NRS 201.220, if
10-32 punished as a felony;
10-33 (j) Lewdness with a child pursuant to NRS 201.230;
10-34 (k) Sexual penetration of a dead human body pursuant to
10-35 NRS 201.450;
10-36 (l) Luring a child [using a computer, system or network] or
10-37 mentally ill person pursuant to NRS 201.560, if punished as a
10-38 felony;
10-39 (m) [Annoyance or molestation of a minor pursuant to NRS
10-40 207.260, if punished as a felony;
10-41 (n)] An attempt to commit an offense listed in paragraphs (a) to
10-42 [(m),] (l), inclusive, if punished as a felony; or
10-43 [(o)] (n) An offense that is determined to be sexually motivated
10-44 pursuant to NRS 175.547 or 207.193.
11-1 Sec. 9. NRS 176A.110 is hereby amended to read as follows:
11-2 176A.110 1. The court shall not grant probation to or
11-3 suspend the sentence of a person convicted of an offense listed in
11-4 subsection 3 unless:
11-5 (a) If a psychosexual evaluation of the person is required
11-6 pursuant to NRS 176.139, the person who conducts the
11-7 psychosexual evaluation certifies in the report prepared pursuant to
11-8 NRS 176.139 that the person convicted of the offense does not
11-9 represent a high risk to reoffend based upon a currently accepted
11-10 standard of assessment; or
11-11 (b) If a psychosexual evaluation of the person is not required
11-12 pursuant to NRS 176.139, a psychologist licensed to practice in this
11-13 state who is trained to conduct psychosexual evaluations or a
11-14 psychiatrist licensed to practice medicine in this state who is
11-15 certified by the American Board of Psychiatry and Neurology , Inc.
11-16 and is trained to conduct psychosexual evaluations certifies in a
11-17 written report to the court that the person convicted of the offense
11-18 does not represent a high risk to reoffend based upon a currently
11-19 accepted standard of assessment.
11-20 2. This section does not create a right in any person to be
11-21 certified or to continue to be certified. No person may bring a cause
11-22 of action against the State, its political subdivisions, or the agencies,
11-23 boards, commissions, departments, officers or employees of the
11-24 State or its political subdivisions for not certifying a person pursuant
11-25 to this section or for refusing to consider a person for certification
11-26 pursuant to this section.
11-27 3. The provisions of this section apply to a person convicted of
11-28 any of the following offenses:
11-29 (a) Attempted sexual assault of a person who is 16 years of age
11-30 or older pursuant to NRS 200.366.
11-31 (b) Statutory sexual seduction pursuant to NRS 200.368.
11-32 (c) Battery with intent to commit sexual assault pursuant to
11-33 NRS 200.400.
11-34 (d) Abuse or neglect of a child pursuant to NRS 200.508.
11-35 (e) An offense involving pornography and a minor pursuant to
11-36 NRS 200.710 to 200.730, inclusive.
11-37 (f) Incest pursuant to NRS 201.180.
11-38 (g) Solicitation of a minor to engage in acts constituting the
11-39 infamous crime against nature pursuant to NRS 201.195.
11-40 (h) Open or gross lewdness pursuant to NRS 201.210.
11-41 (i) Indecent or obscene exposure pursuant to NRS 201.220.
11-42 (j) Lewdness with a child pursuant to NRS 201.230.
11-43 (k) Sexual penetration of a dead human body pursuant to
11-44 NRS 201.450.
12-1 (l) Luring a child [using a computer, system or network] or
12-2 mentally ill person pursuant to NRS 201.560, if punished as a
12-3 felony.
12-4 (m) A violation of NRS 207.180.
12-5 (n) An attempt to commit an offense listed in paragraphs (b) to
12-6 (m), inclusive.
12-7 (o) Coercion or attempted coercion that is determined to be
12-8 sexually motivated pursuant to NRS 207.193.
12-9 Sec. 10. NRS 176A.413 is hereby amended to read as follows:
12-10 176A.413 1. Except as otherwise provided in subsection 2, if
12-11 a defendant is convicted of stalking with the use of an Internet or
12-12 network site or electronic mail or any other similar means of
12-13 communication pursuant to subsection 3 of NRS 200.575, an
12-14 offense involving pornography and a minor pursuant to NRS
12-15 200.710 to 200.730, inclusive, or luring a child [using] or mentally
12-16 ill person through the use of a computer, system or network
12-17 pursuant to paragraph (a) or (b) of subsection [3] 4 of NRS 201.560
12-18 and the court grants probation or suspends the sentence, the court
12-19 shall, in addition to any other condition ordered pursuant to NRS
12-20 176A.400, order as a condition of probation or suspension that the
12-21 defendant not own or use a computer, including, without limitation,
12-22 use electronic mail, a chat room or the Internet.
12-23 2. The court is not required to impose a condition of probation
12-24 or suspension of sentence set forth in subsection 1 if the court finds
12-25 that:
12-26 (a) The use of a computer by the defendant will assist a law
12-27 enforcement agency or officer in a criminal investigation;
12-28 (b) The defendant will use the computer to provide
12-29 technological training concerning technology of which the
12-30 defendant has a unique knowledge; or
12-31 (c) The use of the computer by the defendant will assist
12-32 companies that require the use of the specific technological
12-33 knowledge of the defendant that is unique and is otherwise
12-34 unavailable to the company.
12-35 3. Except as otherwise provided in subsection 1, if a defendant
12-36 is convicted of an offense that involved the use of a computer,
12-37 system or network and the court grants probation or suspends the
12-38 sentence, the court may, in addition to any other condition ordered
12-39 pursuant to NRS 176A.400, order as a condition of probation or
12-40 suspension that the defendant not own or use a computer, including,
12-41 without limitation, use electronic mail, a chat room or the Internet.
12-42 4. As used in this section:
12-43 (a) “Computer” has the meaning ascribed to it in NRS 205.4735.
12-44 (b) “Network” has the meaning ascribed to it in NRS 205.4745.
12-45 (c) “System” has the meaning ascribed to it in NRS 205.476.
13-1 Sec. 11. NRS 178.5698 is hereby amended to read as follows:
13-2 178.5698 1. The prosecuting attorney, sheriff or chief of
13-3 police shall, upon the written request of a victim or witness, inform
13-4 him:
13-5 (a) When the defendant is released from custody at any time
13-6 before or during the trial;
13-7 (b) If the defendant is so released, the amount of bail required, if
13-8 any; and
13-9 (c) Of the final disposition of the criminal case in which he was
13-10 directly involved.
13-11 2. If an offender is convicted of a sexual offense or an offense
13-12 involving the use or threatened use of force or violence against the
13-13 victim, the court shall provide:
13-14 (a) To each witness, documentation that includes:
13-15 (1) A form advising the witness of the right to be notified
13-16 pursuant to subsection 4;
13-17 (2) The form that the witness must use to request
13-18 notification; and
13-19 (3) The form or procedure that the witness must use to
13-20 provide a change of address after a request for notification has been
13-21 submitted.
13-22 (b) To each person listed in subsection 3, documentation that
13-23 includes:
13-24 (1) A form advising the person of the right to be notified
13-25 pursuant to subsection 4 or 5 and NRS 176.015, 176A.630, 209.392,
13-26 209.3925, 209.521, 213.010, 213.040, 213.095 and 213.130;
13-27 (2) The forms that the person must use to request
13-28 notification; and
13-29 (3) The forms or procedures that the person must use to
13-30 provide a change of address after a request for notification has been
13-31 submitted.
13-32 3. The following persons are entitled to receive documentation
13-33 pursuant to paragraph (b) of subsection 2:
13-34 (a) A person against whom the offense is committed.
13-35 (b) A person who is injured as a direct result of the commission
13-36 of the offense.
13-37 (c) If a person listed in paragraph (a) or (b) is under the age of
13-38 18 years, each parent or guardian who is not the offender.
13-39 (d) Each surviving spouse, parent and child of a person who is
13-40 killed as a direct result of the commission of the offense.
13-41 (e) A relative of a person listed in paragraphs (a) to (d),
13-42 inclusive, if the relative requests in writing to be provided with the
13-43 documentation.
13-44 4. Except as otherwise provided in subsection 5, if the offense
13-45 was a felony and the offender is imprisoned, the warden of the
14-1 prison shall, if the victim or witness so requests in writing and
14-2 provides his current address, notify him at that address when the
14-3 offender is released from the prison.
14-4 5. If the offender was convicted of a violation of subsection 3
14-5 of NRS 200.366 or a violation of subsection 1, paragraph (a) of
14-6 subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of
14-7 NRS 200.508, the warden of the prison shall notify:
14-8 (a) The immediate family of the victim if the immediate family
14-9 provides their current address;
14-10 (b) Any member of the victim’s family related within the third
14-11 degree of consanguinity, if the member of the victim’s family so
14-12 requests in writing and provides his current address; and
14-13 (c) The victim, if he will be 18 years of age or older at the time
14-14 of the release and has provided his current address,
14-15 before the offender is released from prison.
14-16 6. The warden must not be held responsible for any injury
14-17 proximately caused by his failure to give any notice required
14-18 pursuant to this section if no address was provided to him or if the
14-19 address provided is inaccurate or not current.
14-20 7. As used in this section:
14-21 (a) “Immediate family” means any adult relative of the victim
14-22 living in the victim’s household.
14-23 (b) “Sexual offense” means:
14-24 (1) Sexual assault pursuant to NRS 200.366;
14-25 (2) Statutory sexual seduction pursuant to NRS 200.368;
14-26 (3) Battery with intent to commit sexual assault pursuant to
14-27 NRS 200.400;
14-28 (4) An offense involving pornography and a minor pursuant
14-29 to NRS 200.710 to 200.730, inclusive;
14-30 (5) Incest pursuant to NRS 201.180;
14-31 (6) Solicitation of a minor to engage in acts constituting the
14-32 infamous crime against nature pursuant to NRS 201.195;
14-33 (7) Open or gross lewdness pursuant to NRS 201.210;
14-34 (8) Indecent or obscene exposure pursuant to NRS 201.220;
14-35 (9) Lewdness with a child pursuant to NRS 201.230;
14-36 (10) Sexual penetration of a dead human body pursuant to
14-37 NRS 201.450;
14-38 (11) Luring a child [using a computer, system or network] or
14-39 mentally ill person pursuant to NRS 201.560, if punished as a
14-40 felony;
14-41 (12) [Annoyance or molestation of a minor pursuant to
14-42 NRS 207.260;
14-43 (13)] An offense that, pursuant to a specific statute, is
14-44 determined to be sexually motivated; or
15-1 [(14)] (13) An attempt to commit an offense listed in this
15-2 paragraph.
15-3 Sec. 12. NRS 179.245 is hereby amended to read as follows:
15-4 179.245 1. Except as otherwise provided in subsection 5 and
15-5 NRS 176A.265, 179.259 and 453.3365, a person may petition the
15-6 court in which he was convicted for the sealing of all records
15-7 relating to a conviction of:
15-8 (a) A category A or B felony after 15 years from the date of his
15-9 release from actual custody or discharge from parole or probation,
15-10 whichever occurs later;
15-11 (b) A category C or D felony after 12 years from the date of his
15-12 release from actual custody or discharge from parole or probation,
15-13 whichever occurs later;
15-14 (c) A category E felony after 10 years from the date of his
15-15 release from actual custody or discharge from parole or probation,
15-16 whichever occurs later;
15-17 (d) Any gross misdemeanor after 7 years from the date of his
15-18 release from actual custody or discharge from probation, whichever
15-19 occurs later;
15-20 (e) A violation of NRS 484.379 other than a felony, or a battery
15-21 which constitutes domestic violence pursuant to NRS 33.018 other
15-22 than a felony, after 7 years from the date of his release from actual
15-23 custody or from the date when he is no longer under a suspended
15-24 sentence, whichever occurs later; or
15-25 (f) Any other misdemeanor after 3 years from the date of his
15-26 release from actual custody or from the date when he is no longer
15-27 under a suspended sentence, whichever occurs later.
15-28 2. A petition filed pursuant to subsection 1 must:
15-29 (a) Be accompanied by current, verified records of the
15-30 petitioner’s criminal history received from:
15-31 (1) The Central Repository for Nevada Records of Criminal
15-32 History; and
15-33 (2) The local law enforcement agency of the city or county in
15-34 which the conviction was entered;
15-35 (b) Include a list of any other public or private agency,
15-36 company, official or other custodian of records that is reasonably
15-37 known to the petitioner to have possession of records of the
15-38 conviction and to whom the order to seal records, if issued, will be
15-39 directed; and
15-40 (c) Include information that, to the best knowledge and belief of
15-41 the petitioner, accurately and completely identifies the records to be
15-42 sealed.
15-43 3. Upon receiving a petition pursuant to this section, the court
15-44 shall notify the law enforcement agency that arrested the petitioner
15-45 for the crime and:
16-1 (a) If the person was convicted in a district court or justice’s
16-2 court, the prosecuting attorney for the county; or
16-3 (b) If the person was convicted in a municipal court, the
16-4 prosecuting attorney for the city.
16-5 The prosecuting attorney and any person having relevant evidence
16-6 may testify and present evidence at the hearing on the petition.
16-7 4. If, after the hearing, the court finds that, in the period
16-8 prescribed in subsection 1, the petitioner has not been charged with
16-9 any offense for which the charges are pending or convicted of any
16-10 offense, except for minor moving or standing traffic violations, the
16-11 court may order sealed all records of the conviction which are in the
16-12 custody of the court, of another court in the State of Nevada or of a
16-13 public or private agency, company or official in the State of Nevada,
16-14 and may also order all such criminal identification records of the
16-15 petitioner returned to the file of the court where the proceeding was
16-16 commenced from, including, but not limited to, the Federal Bureau
16-17 of Investigation, the California Bureau of Identification and
16-18 Information, sheriffs’ offices and all other law enforcement agencies
16-19 reasonably known by either the petitioner or the court to have
16-20 possession of such records.
16-21 5. A person may not petition the court to seal records relating
16-22 to a conviction of a crime against a child or a sexual offense.
16-23 6. If the court grants a petition for the sealing of records
16-24 pursuant to this section, upon the request of the person whose
16-25 records are sealed, the court may order sealed all records of the civil
16-26 proceeding in which the records were sealed.
16-27 7. As used in this section:
16-28 (a) “Crime against a child” has the meaning ascribed to it in
16-29 NRS 179D.210.
16-30 (b) “Sexual offense” means:
16-31 (1) Murder of the first degree committed in the perpetration
16-32 or attempted perpetration of sexual assault or of sexual abuse or
16-33 sexual molestation of a child less than 14 years of age pursuant to
16-34 paragraph (b) of subsection 1 of NRS 200.030.
16-35 (2) Sexual assault pursuant to NRS 200.366.
16-36 (3) Statutory sexual seduction pursuant to NRS 200.368, if
16-37 punishable as a felony.
16-38 (4) Battery with intent to commit sexual assault pursuant to
16-39 NRS 200.400.
16-40 (5) An offense involving the administration of a drug to
16-41 another person with the intent to enable or assist the commission of
16-42 a felony pursuant to NRS 200.405, if the felony is an offense listed
16-43 in this paragraph.
16-44 (6) An offense involving the administration of a controlled
16-45 substance to another person with the intent to enable or assist the
17-1 commission of a crime of violence pursuant to NRS 200.408, if the
17-2 crime of violence is an offense listed in this paragraph.
17-3 (7) Abuse of a child pursuant to NRS 200.508, if the abuse
17-4 involved sexual abuse or sexual exploitation.
17-5 (8) An offense involving pornography and a minor pursuant
17-6 to NRS 200.710 to 200.730, inclusive.
17-7 (9) Incest pursuant to NRS 201.180.
17-8 (10) Solicitation of a minor to engage in acts constituting the
17-9 infamous crime against nature pursuant to NRS 201.195.
17-10 (11) Open or gross lewdness pursuant to NRS 201.210, if
17-11 punishable as a felony.
17-12 (12) Indecent or obscene exposure pursuant to NRS 201.220,
17-13 if punishable as a felony.
17-14 (13) Lewdness with a child pursuant to NRS 201.230.
17-15 (14) Sexual penetration of a dead human body pursuant to
17-16 NRS 201.450.
17-17 (15) [Annoyance or molestation of a minor pursuant to NRS
17-18 207.260.] Luring a child or mentally ill person pursuant to NRS
17-19 201.560, if punishable as a felony.
17-20 (16) An attempt to commit an offense listed in subparagraphs
17-21 (1) to (15), inclusive.
17-22 Sec. 13. NRS 179.460 is hereby amended to read as follows:
17-23 179.460 1. The Attorney General or the district attorney of
17-24 any county may apply to a Supreme Court justice or to a district
17-25 judge in the county where the interception is to take place for an
17-26 order authorizing the interception of wire or oral communications,
17-27 and the judge may, in accordance with NRS 179.470 to 179.515,
17-28 inclusive, grant an order authorizing the interception of wire or oral
17-29 communications by investigative or law enforcement officers having
17-30 responsibility for the investigation of the offense as to which the
17-31 application is made, when the interception may provide evidence of
17-32 the commission of murder, kidnapping, robbery, extortion, bribery,
17-33 destruction of public property by explosives, a sexual offense
17-34 against a child or the commission of any offense which is made a
17-35 felony by the provisions of chapter 453 or 454 of NRS.
17-36 2. A good faith reliance by a public utility on a court order
17-37 shall constitute a complete defense to any civil or criminal action
17-38 brought against the public utility on account of any interception
17-39 made pursuant to the order.
17-40 3. As used in this section, “sexual offense against a child”
17-41 includes any act upon a child constituting:
17-42 (a) Incest pursuant to NRS 201.180;
17-43 (b) Lewdness with a child pursuant to NRS 201.230;
17-44 (c) [Annoyance or molestation of a child pursuant to
17-45 NRS 207.260;
18-1 (d)] Sado-masochistic abuse pursuant to NRS 201.262;
18-2 [(e)] (d) Sexual assault pursuant to NRS 200.366;
18-3 [(f)] (e) Statutory sexual seduction pursuant to NRS 200.368;
18-4 [(g)] (f) Open or gross lewdness pursuant to NRS 201.210; or
18-5 [(h)] (g) Luring a child [using a computer, system or network]
18-6 or mentally ill person pursuant to NRS 201.560, if punished as a
18-7 felony.
18-8 Sec. 14. NRS 179A.073 is hereby amended to read as follows:
18-9 179A.073 1. “Sexual offense” includes acts upon a child
18-10 constituting:
18-11 (a) Sexual assault under NRS 200.366;
18-12 (b) Statutory sexual seduction under NRS 200.368;
18-13 (c) Use of a minor in producing pornography under
18-14 NRS 200.710;
18-15 (d) Promotion of a sexual performance of a minor under
18-16 NRS 200.720;
18-17 (e) Possession of a visual presentation depicting the sexual
18-18 conduct of a child under NRS 200.730;
18-19 (f) Incest under NRS 201.180;
18-20 (g) Solicitation of a minor to engage in the infamous crime
18-21 against nature under NRS 201.195;
18-22 (h) Lewdness with a child under NRS 201.230; or
18-23 (i) Luring a child [using a computer, system or network] or
18-24 mentally ill person pursuant to NRS 201.560, if punished as a
18-25 felony . [; or
18-26 (j) Annoyance or molestation of a minor under NRS 207.260.]
18-27 2. “Sexual offense” also includes acts committed outside the
18-28 State that would constitute any of the offenses in subsection 1 if
18-29 committed in the State, and the aiding, abetting, attempting or
18-30 conspiring to engage in any of the offenses in subsection 1.
18-31 Sec. 15. NRS 179A.280 is hereby amended to read as follows:
18-32 179A.280 As used in this section and NRS 179A.270 and
18-33 179A.290:
18-34 1. “Juvenile sex offender” means a child adjudicated
18-35 delinquent for an act that, if committed by an adult, would be a
18-36 sexual offense.
18-37 2. “Sexual offense” means:
18-38 (a) Sexual assault pursuant to NRS 200.366;
18-39 (b) Statutory sexual seduction pursuant to NRS 200.368;
18-40 (c) Battery with intent to commit sexual assault pursuant to
18-41 NRS 200.400;
18-42 (d) An offense involving pornography and a minor pursuant to
18-43 NRS 200.710 to 200.730, inclusive;
18-44 (e) Incest pursuant to NRS 201.180;
19-1 (f) Solicitation of a minor to engage in acts constituting the
19-2 infamous crime against nature pursuant to NRS 201.195;
19-3 (g) Open or gross lewdness pursuant to NRS 201.210;
19-4 (h) Indecent or obscene exposure pursuant to NRS 201.220;
19-5 (i) Lewdness with a child pursuant to NRS 201.230;
19-6 (j) Sexual penetration of a dead human body pursuant to
19-7 NRS 201.450;
19-8 (k) Luring a child [using a computer, system or network] or
19-9 mentally ill person pursuant to NRS 201.560, if punished as a
19-10 felony;
19-11 (l) [Annoyance or molestation of a minor pursuant to
19-12 NRS 207.260;
19-13 (m)] An attempt to commit an offense listed in paragraphs (a) to
19-14 [(l), inclusive;
19-15 (n)] (k), inclusive;
19-16 (m) An offense that is determined to be sexually motivated
19-17 pursuant to NRS 175.547; or
19-18 [(o)] (n) An offense committed in another jurisdiction that, if
19-19 committed in this state, would be an offense listed in this
19-20 subsection.
19-21 Sec. 16. NRS 179D.035 is hereby amended to read as follows:
19-22 179D.035 “Convicted” includes, but is not limited to, an
19-23 adjudication of delinquency or a finding of guilt by a court having
19-24 jurisdiction over juveniles if the adjudication of delinquency or the
19-25 finding of guilt is for the commission of any of the following
19-26 offenses:
19-27 1. A crime against a child that is listed in subsection 6 of
19-28 NRS 179D.210.
19-29 2. A sexual offense that is listed in subsection [20] 19 of
19-30 NRS 179D.410.
19-31 3. A sexual offense that is listed in paragraph (b) of subsection
19-32 2 of NRS 62.600.
19-33 Sec. 17. NRS 179D.400 is hereby amended to read as follows:
19-34 179D.400 1. “Sex offender” means a person who, after
19-35 July 1, 1956, is or has been:
19-36 (a) Convicted of a sexual offense listed in NRS 179D.410; or
19-37 (b) Adjudicated delinquent or found guilty by a court having
19-38 jurisdiction over juveniles of a sexual offense listed in subsection
19-39 [20] 19 of NRS 179D.410.
19-40 2. The term includes, but is not limited to:
19-41 (a) A sexually violent predator.
19-42 (b) A nonresident sex offender who is a student or worker
19-43 within this state.
20-1 Sec. 18. NRS 179D.410 is hereby amended to read as follows:
20-2 179D.410 “Sexual offense” means any of the following
20-3 offenses:
20-4 1. Murder of the first degree committed in the perpetration or
20-5 attempted perpetration of sexual assault or of sexual abuse or sexual
20-6 molestation of a child less than 14 years of age pursuant to
20-7 paragraph (b) of subsection 1 of NRS 200.030.
20-8 2. Sexual assault pursuant to NRS 200.366.
20-9 3. Statutory sexual seduction pursuant to NRS 200.368.
20-10 4. Battery with intent to commit sexual assault pursuant to
20-11 NRS 200.400.
20-12 5. An offense involving the administration of a drug to another
20-13 person with the intent to enable or assist the commission of a felony
20-14 pursuant to NRS 200.405, if the felony is an offense listed in this
20-15 section.
20-16 6. An offense involving the administration of a controlled
20-17 substance to another person with the intent to enable or assist the
20-18 commission of a crime of violence pursuant to NRS 200.408, if the
20-19 crime of violence is an offense listed in this section.
20-20 7. Abuse of a child pursuant NRS 200.508, if the abuse
20-21 involved sexual abuse or sexual exploitation.
20-22 8. An offense involving pornography and a minor pursuant to
20-23 NRS 200.710 to 200.730, inclusive.
20-24 9. Incest pursuant to NRS 201.180.
20-25 10. Solicitation of a minor to engage in acts constituting the
20-26 infamous crime against nature pursuant to NRS 201.195.
20-27 11. Open or gross lewdness pursuant to NRS 201.210.
20-28 12. Indecent or obscene exposure pursuant to NRS 201.220.
20-29 13. Lewdness with a child pursuant to NRS 201.230.
20-30 14. Sexual penetration of a dead human body pursuant to
20-31 NRS 201.450.
20-32 15. Luring a child [using a computer, system or network] or
20-33 mentally ill person pursuant to NRS 201.560, if punished as a
20-34 felony.
20-35 16. [Annoyance or molestation of a minor pursuant to
20-36 NRS 207.260.
20-37 17.] An attempt to commit an offense listed in subsections 1 to
20-38 [16, inclusive.
20-39 18.] 15, inclusive.
20-40 17. An offense that is determined to be sexually motivated
20-41 pursuant to NRS 175.547 or 207.193.
20-42 [19.] 18. An offense committed in another jurisdiction that, if
20-43 committed in this state, would be an offense listed in this section.
20-44 This subsection includes, but is not limited to, an offense prosecuted
20-45 in:
21-1 (a) A tribal court.
21-2 (b) A court of the United States or the Armed Forces of the
21-3 United States.
21-4 [20.] 19. An offense of a sexual nature committed in another
21-5 jurisdiction, whether or not the offense would be an offense listed in
21-6 this section, if the person who committed the offense resides or has
21-7 resided or is or has been a student or worker in any jurisdiction in
21-8 which the person is or has been required by the laws of that
21-9 jurisdiction to register as a sex offender because of the offense. This
21-10 subsection includes, but is not limited to, an offense prosecuted in:
21-11 (a) A tribal court.
21-12 (b) A court of the United States or the Armed Forces of the
21-13 United States.
21-14 (c) A court having jurisdiction over juveniles.
21-15 Sec. 19. NRS 179D.610 is hereby amended to read as follows:
21-16 179D.610 1. “Sex offender” means a person who, after
21-17 July 1, 1956, is or has been:
21-18 (a) Convicted of a sexual offense listed in NRS 179D.620; or
21-19 (b) Adjudicated delinquent or found guilty by a court having
21-20 jurisdiction over juveniles of a sexual offense listed in subsection
21-21 [20] 19 of NRS 179D.620.
21-22 2. The term includes, but is not limited to:
21-23 (a) A sexually violent predator.
21-24 (b) A nonresident sex offender who is a student or worker
21-25 within this state.
21-26 Sec. 20. NRS 179D.620 is hereby amended to read as follows:
21-27 179D.620 “Sexual offense” means any of the following
21-28 offenses:
21-29 1. Murder of the first degree committed in the perpetration or
21-30 attempted perpetration of sexual assault or of sexual abuse or sexual
21-31 molestation of a child less than 14 years of age pursuant to
21-32 paragraph (b) of subsection 1 of NRS 200.030.
21-33 2. Sexual assault pursuant to NRS 200.366.
21-34 3. Statutory sexual seduction pursuant to NRS 200.368, if
21-35 punished as a felony.
21-36 4. Battery with intent to commit sexual assault pursuant to
21-37 NRS 200.400.
21-38 5. An offense involving the administration of a drug to another
21-39 person with the intent to enable or assist the commission of a felony
21-40 pursuant to NRS 200.405, if the felony is an offense listed in this
21-41 section.
21-42 6. An offense involving the administration of a controlled
21-43 substance to another person with the intent to enable or assist the
21-44 commission of a crime of violence pursuant to NRS 200.408, if the
21-45 crime of violence is an offense listed in this section.
22-1 7. Abuse of a child pursuant to NRS 200.508, if the abuse
22-2 involved sexual abuse or sexual exploitation and is punished as a
22-3 felony.
22-4 8. An offense involving pornography and a minor pursuant to
22-5 NRS 200.710 to 200.730, inclusive.
22-6 9. Incest pursuant to NRS 201.180.
22-7 10. Solicitation of a minor to engage in acts constituting the
22-8 infamous crime against nature pursuant to NRS 201.195, if punished
22-9 as a felony.
22-10 11. Open or gross lewdness pursuant to NRS 201.210, if
22-11 punished as a felony.
22-12 12. Indecent or obscene exposure pursuant to NRS 201.220, if
22-13 punished as a felony.
22-14 13. Lewdness with a child pursuant to NRS 201.230.
22-15 14. Sexual penetration of a dead human body pursuant to
22-16 NRS 201.450.
22-17 15. Luring a child [using a computer, system or network] or
22-18 mentally ill person pursuant to NRS 201.560, if punished as a
22-19 felony.
22-20 16. [Annoyance or molestation of a minor pursuant to NRS
22-21 207.260, if punished as a felony.
22-22 17.] An attempt to commit an offense listed in subsections 1 to
22-23 [16,] 15, inclusive, if punished as a felony.
22-24 [18.] 17. An offense that is determined to be sexually
22-25 motivated pursuant to NRS 175.547 or 207.193.
22-26 [19.] 18. An offense committed in another jurisdiction that, if
22-27 committed in this state, would be an offense listed in this section.
22-28 This subsection includes, but is not limited to, an offense prosecuted
22-29 in:
22-30 (a) A tribal court.
22-31 (b) A court of the United States or the Armed Forces of the
22-32 United States.
22-33 [20.] 19. An offense of a sexual nature committed in another
22-34 jurisdiction and punished as a felony, whether or not the offense
22-35 would be an offense listed in this section, if the person who
22-36 committed the offense resides or has resided or is or has been a
22-37 student or worker in any jurisdiction in which the person is or has
22-38 been required by the laws of that jurisdiction to register as a sex
22-39 offender because of the offense. This subsection includes, but is not
22-40 limited to, an offense prosecuted in:
22-41 (a) A tribal court.
22-42 (b) A court of the United States or the Armed Forces of the
22-43 United States.
22-44 (c) A court having jurisdiction over juveniles.
23-1 Sec. 21. NRS 213.107 is hereby amended to read as follows:
23-2 213.107 As used in NRS 213.107 to 213.157, inclusive, unless
23-3 the context otherwise requires:
23-4 1. “Board” means the State Board of Parole Commissioners.
23-5 2. “Chief” means the Chief Parole and Probation Officer.
23-6 3. “Division” means the Division of Parole and Probation of
23-7 the Department of Public Safety.
23-8 4. “Residential confinement” means the confinement of a
23-9 person convicted of a crime to his place of residence under the terms
23-10 and conditions established by the board.
23-11 5. “Sex offender” means any person who has been or is
23-12 convicted of a sexual offense.
23-13 6. “Sexual offense” means:
23-14 (a) A violation of NRS 200.366, subsection 4 of NRS 200.400,
23-15 NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS
23-16 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of
23-17 subsection 1 of NRS 201.195, NRS 201.230 or 201.450, or
23-18 paragraph (a) or (b) of subsection [3] 4 or paragraph (a) or (b) of
23-19 subsection 5 of NRS 201.560;
23-20 (b) An attempt to commit any offense listed in paragraph (a); or
23-21 (c) An act of murder in the first or second degree, kidnapping in
23-22 the first or second degree, false imprisonment, burglary or invasion
23-23 of the home if the act is determined to be sexually motivated at a
23-24 hearing conducted pursuant to NRS 175.547.
23-25 7. “Standards” means the objective standards for granting or
23-26 revoking parole or probation which are adopted by the Board or the
23-27 Chief.
23-28 Sec. 22. NRS 213.1214 is hereby amended to read as follows:
23-29 213.1214 1. The Board shall not release on parole a prisoner
23-30 convicted of an offense listed in subsection 5 unless a panel
23-31 consisting of:
23-32 (a) The Administrator of the Division of Mental Health and
23-33 Developmental Services of the Department of Human Resources or
23-34 his designee;
23-35 (b) The Director of the Department of Corrections or his
23-36 designee; and
23-37 (c) A psychologist licensed to practice in this state or a
23-38 psychiatrist licensed to practice medicine in this state,
23-39 certifies that the prisoner was under observation while confined in
23-40 an institution of the Department of Corrections and does not
23-41 represent a high risk to reoffend based upon a currently accepted
23-42 standard of assessment.
23-43 2. A prisoner who has been certified pursuant to subsection 1
23-44 and who returns for any reason to the custody of the Department of
24-1 Corrections may not be paroled unless a panel recertifies him in the
24-2 manner set forth in subsection 1.
24-3 3. The panel may revoke the certification of a prisoner certified
24-4 pursuant to subsection 1 at any time.
24-5 4. This section does not create a right in any prisoner to be
24-6 certified or to continue to be certified. No prisoner may bring a
24-7 cause of action against the State, its political subdivisions, or the
24-8 agencies, boards, commissions, departments, officers or employees
24-9 of the State or its political subdivisions for not certifying a prisoner
24-10 pursuant to this section or for refusing to place a prisoner before a
24-11 panel for certification pursuant to this section.
24-12 5. The provisions of this section apply to a prisoner convicted
24-13 of any of the following offenses:
24-14 (a) Sexual assault pursuant to NRS 200.366.
24-15 (b) Statutory sexual seduction pursuant to NRS 200.368.
24-16 (c) Battery with intent to commit sexual assault pursuant to
24-17 NRS 200.400.
24-18 (d) Abuse or neglect of a child pursuant to NRS 200.508.
24-19 (e) An offense involving pornography and a minor pursuant to
24-20 NRS 200.710 to 200.730, inclusive.
24-21 (f) Incest pursuant to NRS 201.180.
24-22 (g) Solicitation of a minor to engage in acts constituting the
24-23 infamous crime against nature pursuant to NRS 201.195.
24-24 (h) Open or gross lewdness pursuant to NRS 201.210.
24-25 (i) Indecent or obscene exposure pursuant to NRS 201.220.
24-26 (j) Lewdness with a child pursuant to NRS 201.230.
24-27 (k) Sexual penetration of a dead human body pursuant to
24-28 NRS 201.450.
24-29 (l) Luring a child [using a computer, system or network] or
24-30 mentally ill person pursuant to NRS 201.560, if punished as a
24-31 felony.
24-32 (m) An attempt to commit an offense listed in paragraphs (a) to
24-33 [(m),] (l), inclusive.
24-34 (n) Coercion or attempted coercion that is determined to be
24-35 sexually motivated pursuant to NRS 207.193.
24-36 Sec. 23. NRS 213.1255 is hereby amended to read as follows:
24-37 213.1255 1. In addition to any conditions of parole required
24-38 to be imposed pursuant to NRS 213.1245, as a condition of
24-39 releasing on parole a prisoner who was convicted of committing an
24-40 offense listed in subsection 2 against a child under the age of 14
24-41 years, the Board shall, when appropriate:
24-42 (a) Require the parolee to participate in psychological
24-43 counseling;
25-1 (b) Prohibit the parolee from being alone with a child unless
25-2 another adult who has never been convicted of a sexual offense is
25-3 present; and
25-4 (c) Prohibit the parolee from being on or near the grounds of any
25-5 place that is primarily designed for use by or for children, including,
25-6 without limitation, a public or private school, a center or facility that
25-7 provides day care services, a video arcade and an amusement park.
25-8 2. The provisions of subsection 1 apply to a prisoner who was
25-9 convicted of:
25-10 (a) Sexual assault pursuant to paragraph (c) of subsection 3 of
25-11 NRS 200.366;
25-12 (b) Abuse or neglect of a child pursuant to subparagraph (1) of
25-13 paragraph (a) of subsection 1 or subparagraph (1) of paragraph (a)
25-14 of subsection 2 of NRS 200.508;
25-15 (c) An offense punishable pursuant to subsection 2 of
25-16 NRS 200.750;
25-17 (d) Solicitation of a minor to engage in acts constituting the
25-18 infamous crime against nature pursuant to subparagraph (1) of
25-19 paragraph (a) of subsection 1 of NRS 201.195;
25-20 (e) Lewdness with a child pursuant to NRS 201.230;
25-21 (f) Luring a child [using a computer, system or network] or
25-22 mentally ill person pursuant to NRS 201.560, if punished as a
25-23 felony; or
25-24 (g) Any combination of the crimes listed in paragraphs (a) to (f),
25-25 inclusive.
25-26 Sec. 24. NRS 213.1258 is hereby amended to read as follows:
25-27 213.1258 1. Except as otherwise provided in subsection 2, if
25-28 the Board releases on parole a prisoner convicted of stalking with
25-29 the use of an Internet or network site or electronic mail or any other
25-30 similar means of communication pursuant to subsection 3 of NRS
25-31 200.575, an offense involving pornography and a minor pursuant to
25-32 NRS 200.710 to 200.730, inclusive, or luring a child [using] or
25-33 mentally ill person through the use of a computer, system or
25-34 network pursuant to paragraph (a) or (b) of subsection [3] 4 of NRS
25-35 201.560, the Board shall, in addition to any other condition of
25-36 parole, require as a condition of parole that the parolee not own or
25-37 use a computer, including, without limitation, use electronic mail, a
25-38 chat room or the Internet.
25-39 2. The Board is not required to impose a condition of parole set
25-40 forth in subsection 1 if the Board finds that:
25-41 (a) The use of a computer by the parolee will assist a law
25-42 enforcement agency or officer in a criminal investigation;
25-43 (b) The parolee will use the computer to provide technological
25-44 training concerning technology of which the defendant has a unique
25-45 knowledge; or
26-1 (c) The use of the computer by the parolee will assist companies
26-2 that require the use of the specific technological knowledge of the
26-3 parolee that is unique and is otherwise unavailable to the company.
26-4 3. Except as otherwise provided in subsection 1, if the Board
26-5 releases on parole a prisoner convicted of an offense that involved
26-6 the use of a computer, system or network, the Board may, in
26-7 addition to any other condition of parole, require as a condition of
26-8 parole that the parolee not own or use a computer, including,
26-9 without limitation, use electronic mail, a chat room or the Internet.
26-10 4. As used in this section:
26-11 (a) “Computer” has the meaning ascribed to it in NRS 205.4735.
26-12 (b) “Network” has the meaning ascribed to it in NRS 205.4745.
26-13 (c) “System” has the meaning ascribed to it in NRS 205.476.
26-14 Sec. 25. NRS 391.311 is hereby amended to read as follows:
26-15 391.311 As used in NRS 391.311 to 391.3197, inclusive,
26-16 unless the context otherwise requires:
26-17 1. “Administrator” means any employee who holds a license as
26-18 an administrator and who is employed in that capacity by a school
26-19 district.
26-20 2. “Board” means the board of trustees of the school district in
26-21 which a licensed employee affected by NRS 391.311 to 391.3197,
26-22 inclusive, is employed.
26-23 3. “Demotion” means demotion of an administrator to a
26-24 position of lesser rank, responsibility or pay and does not include
26-25 transfer or reassignment for purposes of an administrative
26-26 reorganization.
26-27 4. “Immorality” means an act forbidden by NRS 200.366,
26-28 200.368, 200.400, 200.508, 201.180, 201.190, 201.210, 201.220,
26-29 201.230, 201.265 , 201.540, 201.560 or 207.260.
26-30 5. “Postprobationary employee” means an administrator or a
26-31 teacher who has completed the probationary period as provided in
26-32 NRS 391.3197 and has been given notice of reemployment.
26-33 6. “Probationary employee” means an administrator or a
26-34 teacher who is employed for the period set forth in NRS 391.3197.
26-35 7. “Superintendent” means the superintendent of a school
26-36 district or a person designated by the board or superintendent to act
26-37 as superintendent during the absence of the superintendent.
26-38 8. “Teacher” means a licensed employee the majority of whose
26-39 working time is devoted to the rendering of direct educational
26-40 service to pupils of a school district.
26-41 Sec. 26. NRS 391.314 is hereby amended to read as follows:
26-42 391.314 1. If a superintendent has reason to believe that
26-43 cause exists for the dismissal of a licensed employee and he is of the
26-44 opinion that the immediate suspension of the employee is necessary
26-45 in the best interests of the pupils in the district, the superintendent
27-1 may suspend the employee without notice and without a hearing.
27-2 Notwithstanding the provisions of NRS 391.312, a superintendent
27-3 may suspend a licensed employee who has been officially charged
27-4 but not yet convicted of a felony or a crime involving moral
27-5 turpitude or immorality. If the charge is dismissed or if the
27-6 employee is found not guilty, he must be reinstated with back pay,
27-7 plus interest, and normal seniority. The superintendent shall notify
27-8 the employee in writing of the suspension.
27-9 2. Within 5 days after a suspension becomes effective, the
27-10 superintendent shall begin proceedings pursuant to the provisions of
27-11 NRS 391.312 to 391.3196, inclusive, to effect the employee’s
27-12 dismissal. The employee is entitled to continue to receive his salary
27-13 and other benefits after the suspension becomes effective until the
27-14 date on which the dismissal proceedings are commenced. The
27-15 superintendent may recommend that an employee who has been
27-16 charged with a felony or a crime involving immorality be dismissed
27-17 for another ground set forth in NRS 391.312.
27-18 3. If sufficient grounds for dismissal do not exist, the employee
27-19 must be reinstated with full compensation, plus interest.
27-20 4. A licensed employee who furnishes to the school district a
27-21 bond or other security which is acceptable to the board as a
27-22 guarantee that he will repay any amounts paid to him pursuant to
27-23 this subsection as salary during a period of suspension is entitled to
27-24 continue to receive his salary from the date on which the dismissal
27-25 proceedings are commenced until the decision of the board or the
27-26 report of the hearing officer, if the report is final and binding. The
27-27 board shall not unreasonably refuse to accept security other than a
27-28 bond. An employee who receives salary pursuant to this subsection
27-29 shall repay it if he is dismissed or not reemployed as a result of a
27-30 decision of the board or a report of a hearing officer.
27-31 5. A licensed employee who is convicted of a crime which
27-32 requires registration pursuant to NRS 179D.200 to 179D.290,
27-33 inclusive, or 179D.350 to 179D.550, inclusive, or is convicted of an
27-34 act forbidden by NRS 200.508, 201.190 , [or] 201.265 , 201.540,
27-35 201.560 or 207.260 forfeits all rights of employment from the date
27-36 of his arrest.
27-37 6. A licensed employee who is convicted of any crime and who
27-38 is sentenced to and serves any sentence of imprisonment forfeits all
27-39 rights of employment from the date of his arrest or the date on
27-40 which his employment terminated, whichever is later.
27-41 7. A licensed employee who is charged with a felony or a
27-42 crime involving immorality or moral turpitude and who waives his
27-43 right to a speedy trial while suspended may receive no more than 12
27-44 months of back pay and seniority upon reinstatement if he is found
27-45 not guilty or the charges are dismissed, unless proceedings have
28-1 been begun to dismiss the employee upon one of the other grounds
28-2 set forth in NRS 391.312.
28-3 8. A superintendent may discipline a licensed employee by
28-4 suspending the employee with loss of pay at any time after a hearing
28-5 has been held which affords the due process provided for in this
28-6 chapter. The grounds for suspension are the same as the grounds
28-7 contained in NRS 391.312. An employee may be suspended more
28-8 than once during the employee’s contract year, but the total number
28-9 of days of suspension may not exceed 20 in 1 contract year. Unless
28-10 circumstances require otherwise, the suspensions must be
28-11 progressively longer.
28-12 Sec. 27. NRS 391.330 is hereby amended to read as follows:
28-13 391.330 The State Board may suspend or revoke the license of
28-14 any teacher, administrator or other licensed employee, after notice
28-15 and an opportunity for hearing have been provided pursuant to NRS
28-16 391.322 and 391.323, for:
28-17 1. Immoral or unprofessional conduct.
28-18 2. Evident unfitness for service.
28-19 3. Physical or mental incapacity which renders the teacher,
28-20 administrator or other licensed employee unfit for service.
28-21 4. Conviction of a felony or crime involving moral turpitude.
28-22 5. Conviction of a sex offense under NRS 200.366, 200.368,
28-23 201.190, 201.220, 201.230 , 201.540 or [207.260] 201.560 in which
28-24 a pupil enrolled in a school of a county school district was the
28-25 victim.
28-26 6. Knowingly advocating the overthrow of the Federal
28-27 Government or of the State of Nevada by force, violence or
28-28 unlawful means.
28-29 7. Persistent defiance of or refusal to obey the regulations of
28-30 the State Board, the Commission or the Superintendent of Public
28-31 Instruction, defining and governing the duties of teachers,
28-32 administrators and other licensed employees.
28-33 8. Breaches in the security or confidentiality of the questions
28-34 and answers of the achievement and proficiency examinations that
28-35 are administered pursuant to NRS 389.015.
28-36 9. Intentional failure to observe and carry out the requirements
28-37 of a plan to ensure the security of examinations adopted pursuant to
28-38 NRS 389.616 or 389.620.
28-39 10. An intentional violation of NRS 388.5265 or 388.527.
28-40 Sec. 28. NRS 432B.100 is hereby amended to read as follows:
28-41 432B.100 “Sexual abuse” includes acts upon a child
28-42 constituting:
28-43 1. Incest under NRS 201.180;
28-44 2. Lewdness with a child under NRS 201.230;
28-45 3. [Annoyance or molestation of a child under NRS 207.260;
29-1 4.] Sado-masochistic abuse under NRS 201.262;
29-2 [5.] 4. Sexual assault under NRS 200.366;
29-3 [6.] 5. Statutory sexual seduction under NRS 200.368;
29-4 [7.] 6. Open or gross lewdness under NRS 201.210; and
29-5 [8.] 7. Mutilation of the genitalia of a female child, aiding,
29-6 abetting, encouraging or participating in the mutilation of the
29-7 genitalia of a female child, or removal of a female child from this
29-8 state for the purpose of mutilating the genitalia of the child under
29-9 NRS 200.5083.
29-10 Sec. 29. NRS 453.322 is hereby amended to read as follows:
29-11 453.322 1. Except as authorized by the provisions of NRS
29-12 453.011 to 453.552, inclusive, it is unlawful for a person to[:]
29-13 knowingly or intentionally:
29-14 (a) Manufacture or compound a controlled substance other than
29-15 marijuana . [;]
29-16 (b) Possess [a majority of the ingredients required] , with the
29-17 intent to manufacture or compound a controlled substance other
29-18 than marijuana[, unless he is] :
29-19 (1) Any chemical identified in subsection 4; or
29-20 (2) Any other chemical which is proven by expert testimony
29-21 to be commonly used in manufacturing or compounding a
29-22 controlled substance other than marijuana. The district attorney
29-23 may present expert testimony to provide a prima facie case that
29-24 any chemical, whether or not it is a chemical identified in
29-25 subsection 4, is commonly used in manufacturing or
29-26 compounding such a controlled substance.
29-27 The provisions of this paragraph do not apply to a person who,
29-28 without the intent to commit an unlawful act, possesses any
29-29 chemical at a laboratory that is licensed to store [such ingredients;
29-30 or] the chemical.
29-31 (c) Offer or attempt to do any act set forth in paragraph (a)
29-32 or (b).
29-33 2. Unless a greater penalty is provided in NRS 453.3385 or
29-34 453.3395, a person who violates [the provisions] any provision of
29-35 subsection 1 is guilty of a category B felony and shall be punished
29-36 by imprisonment in the state prison for a minimum term of not less
29-37 than 3 years and a maximum term of not more than 15 years, and
29-38 may be further punished by a fine of not more than $100,000.
29-39 3. The court shall not grant probation to a person convicted
29-40 pursuant to this section.
29-41 4. The following chemicals are identified for the purposes of
29-42 subsection 1:
29-43 (a) Acetic anhydride.
29-44 (b) Acetone.
29-45 (c) N-Acetylanthranilic acid, its esters and its salts.
30-1 (d) Anthranilic acid, its esters and its salts.
30-2 (e) Benzaldehyde, its salts, isomers and salts of isomers.
30-3 (f) Benzyl chloride.
30-4 (g) Benzyl cyanide.
30-5 (h) 1,4-Butanediol.
30-6 (i) 2-Butanone (or methyl ethyl ketone or MEK).
30-7 (j) Ephedrine, its salts, isomers and salts of isomers.
30-8 (k) Ergonovine and its salts.
30-9 (l) Ergotamine and its salts.
30-10 (m) Ethylamine, its salts, isomers and salts of isomers.
30-11 (n) Ethyl ether.
30-12 (o) Gamma butyrolactone.
30-13 (p) Hydriodic acid, its salts, isomers and salts of isomers.
30-14 (q) Hydrochloric gas.
30-15 (r) Iodine.
30-16 (s) Isosafrole, its salts, isomers and salts of isomers.
30-17 (t) Methylamine, its salts, isomers and salts of isomers.
30-18 (u) 3,4-Methylenedioxy-phenyl-2-propanone.
30-19 (v) N-Methylephedrine, its salts, isomers and salts of isomers.
30-20 (w) Methyl isobutyl ketone (MIBK).
30-21 (x) N-Methylpseudoephedrine, its salts, isomers and salts of
30-22 isomers.
30-23 (y) Nitroethane, its salts, isomers and salts of isomers.
30-24 (z) Norpseudoephedrine, its salts, isomers and salts of isomers.
30-25 (aa) Phenylacetic acid, its esters and its salts.
30-26 (bb) Phenylpropanolamine, its salts, isomers and salts of
30-27 isomers.
30-28 (cc) Piperidine and its salts.
30-29 (dd) Piperonal, its salts, isomers and salts of isomers.
30-30 (ee) Potassium permanganate.
30-31 (ff) Propionic anhydride, its salts, isomers and salts of isomers.
30-32 (gg) Pseudoephedrine, its salts, isomers and salts of isomers.
30-33 (hh) Red phosphorous.
30-34 (ii) Safrole, its salts, isomers and salts of isomers.
30-35 (jj) Sulfuric acid.
30-36 (kk) Toluene.
30-37 Sec. 30. This act becomes effective upon passage and
30-38 approval.
30-39 H