[Rev. 2/10/2015 4:32:55
PM--2014R2]
CHAPTER 201 - CRIMES AGAINST PUBLIC DECENCY
AND GOOD MORALS
NONSUPPORT OF SPOUSE, FORMER SPOUSE OR CHILD
NRS 201.015 “Minor
child” defined.
NRS 201.020 Penalties;
jurisdiction.
NRS 201.030 Institution
of proceedings: Verified complaint.
NRS 201.051 Affirmative
defense: Notice of intent to claim; notice of rebuttal witnesses; notice of
provisions of section.
NRS 201.070 Evidence;
husband and wife competent witnesses.
NRS 201.080 Uniformity
of interpretation.
PATERNITY FRAUD
NRS 201.085 Definition;
penalty.
CONTRIBUTORY DELINQUENCY AND NEGLECT OF CHILDREN
NRS 201.090 “Neglected
child,” “delinquent child” and “child in need of supervision” defined.
NRS 201.100 How
offense may be termed.
NRS 201.110 Definition;
penalties; exception.
ABORTIONS; CONCEALING BIRTH
NRS 201.120 Abortion:
Definition; penalty.
NRS 201.130 Selling
drugs to produce miscarriage; penalty.
NRS 201.140 Evidence.
NRS 201.150 Concealing
birth; penalty.
BIGAMY, INCEST AND SEXUAL ACTS IN PUBLIC
NRS 201.160 Bigamy:
Definition; penalty.
NRS 201.170 Marrying
person already married; penalty.
NRS 201.180 Incest:
Definition; penalty.
NRS 201.190 Commission
of certain sexual acts in public: Definition; penalty.
NRS 201.195 Solicitation
of minor to engage in acts constituting crime against nature; penalties.
[Repealed.]
INTENTIONAL TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS
NRS 201.205 Penalty;
affirmative defense.
LEWDNESS AND INDECENT EXPOSURE
NRS 201.210 Open
or gross lewdness; penalty.
NRS 201.220 Indecent
or obscene exposure; penalty.
NRS 201.230 Lewdness
with child under 14 years; penalties.
NRS 201.232 Breast
feeding: Legislative intent; authorized in any public or private location where
mother is authorized to be.
OBSCENITY
NRS 201.235 Definitions.
NRS 201.237 Exemptions.
NRS 201.239 Power
of county, city or town to regulate obscenity.
NRS 201.241 Action
to declare item or material obscene and obtain injunction.
NRS 201.243 Evidence
probative of obscenity of material or item.
NRS 201.245 Surrender,
seizure and destruction of obscene item or material; undertaking not required
for injunction; defendant chargeable with knowledge of contents after service
of summons and complaint.
NRS 201.247 Payment
to city or county of value received from sale of obscene materials after judgment
or injunction.
NRS 201.249 Production,
sale, distribution, exhibition and possession of obscene items or materials;
penalty.
NRS 201.251 Coercing
acceptance of obscene articles or publications; penalty.
NRS 201.253 Obscene,
indecent or immoral shows, acts or performances; penalty.
NRS 201.254 Exemption
of stagehands and movie projectionists from criminal liability when possessing
or exhibiting obscene material directly related to their work.
OBSCENE, THREATENING OR ANNOYING TELEPHONE CALLS
NRS 201.255 Penalties.
EXHIBITION AND SALE OF OBSCENE MATERIAL TO MINORS
NRS 201.256 Definitions.
NRS 201.2565 “Distribute”
defined.
NRS 201.257 “Harmful
to minors” defined.
NRS 201.2581 “Material”
defined.
NRS 201.259 “Minor”
defined.
NRS 201.2595 “Motion
picture” defined.
NRS 201.261 “Nudity”
defined.
NRS 201.262 “Sado-masochistic
abuse” defined.
NRS 201.263 “Sexual
conduct” defined.
NRS 201.264 “Sexual
excitement” defined.
NRS 201.265 Unlawful
acts; penalty.
NRS 201.2655 Exemptions.
CRIMES AGAINST RELIGION
NRS 201.270 Disturbing
religious meetings; penalty.
NRS 201.280 Selling
liquor at camp meetings; penalty.
DESECRATION OF FLAGS
NRS 201.290 Penalty;
exception.
PANDERING, PROSTITUTION AND DISORDERLY HOUSES
NRS 201.295 Definitions.
NRS 201.300 Pandering
and sex trafficking: Definitions; penalties; exception.
NRS 201.310 Pandering:
Placing spouse in brothel; penalties. [Repealed.]
NRS 201.320 Living
from earnings of prostitute; penalty.
NRS 201.325 Power
of court to order restitution.
NRS 201.330 Pandering:
Detaining person in brothel because of debt; penalties. [Repealed.]
NRS 201.340 Pandering:
Furnishing transportation; penalties. [Repealed.]
NRS 201.345 Attorney
General has concurrent jurisdiction with district attorneys.
NRS 201.350 Venue.
NRS 201.351 Forfeiture
of assets; temporary restraining order to preserve property subject to
forfeiture; use of proceeds derived from forfeiture.
NRS 201.352 Additional
fine for certain violations.
NRS 201.354 Engaging
in prostitution or solicitation for prostitution: Penalty; exception.
NRS 201.356 Test
for exposure to human immunodeficiency virus required; payment of costs;
notification of results of test.
NRS 201.358 Engaging
in prostitution or solicitation for prostitution after testing positive for
exposure to human immunodeficiency virus: Penalty; definition.
NRS 201.360 Placing
person in house of prostitution; penalties.
NRS 201.380 Restriction
on location of houses of ill fame; penalty.
NRS 201.390 Property
on principal business streets not to be rented for purposes of prostitution;
penalty.
NRS 201.400 General
reputation competent evidence.
NRS 201.410 Duties
of sheriff and district attorney; failure to act; penalty.
NRS 201.420 Keeping
disorderly house; penalty.
NRS 201.430 Unlawful
advertising of prostitution; penalties.
NRS 201.440 Unlawful
to permit illegal advertising of houses of prostitution; penalties.
SEXUAL PENETRATION OF DEAD HUMAN BODY
NRS 201.450 Unlawful
act; penalty.
SALE OF HUMAN ORGAN FOR TRANSPLANTATION
NRS 201.460 Sale,
acquisition, receipt or transfer for consideration of human organ for
transplantation prohibited; penalty.
SEXUAL CONDUCT WITH PUPILS AND STUDENTS
NRS 201.470 Definitions.
NRS 201.480 “College”
defined.
NRS 201.490 “Private
school” defined.
NRS 201.500 “Public
school” defined.
NRS 201.510 “Sado-masochistic
abuse” defined.
NRS 201.520 “Sexual
conduct” defined.
NRS 201.530 “University”
defined.
NRS 201.540 Sexual
conduct between certain employees of school or volunteers at school and pupil:
Penalty; exception.
NRS 201.550 Sexual
conduct between certain employees of college or university and student:
Penalty; exception.
LURING CHILDREN OR PERSONS WITH MENTAL ILLNESS
NRS 201.560 Definitions;
exceptions; penalties.
CRIMINAL GANG RECRUITMENT
NRS 201.570 Definition;
penalty.
_________
_________
NONSUPPORT OF SPOUSE, FORMER SPOUSE OR CHILD
NRS 201.015 “Minor child” defined. For
the purposes of NRS 201.015 to 201.080, inclusive, “minor child” means a person who
has not reached the age of majority as provided in NRS 129.010 and has not been declared
emancipated pursuant to NRS 129.080 to 129.140, inclusive.
(Added to NRS by 1965, 1440; A 1987, 1282; 1999, 3568)
NRS 201.020 Penalties; jurisdiction.
1. Except as otherwise provided in
subsection 2, a person who knowingly fails to provide for the support of his or
her:
(a) Spouse or former spouse;
(b) Minor child; or
(c) Child who upon arriving at the age of majority
is unable to provide support for himself or herself because of infirmity,
incompetency or other legal disability that was contracted before the child
reached the age of majority,
Ê as ordered
by a court, is guilty of a misdemeanor.
2. A person who violates the provisions of
subsection 1 is guilty of a category C felony and shall be punished as provided
in NRS 193.130 if:
(a) The person’s arrearages for nonpayment of the
child support or spousal support ordered by a court total $10,000 or more and
have accrued over any period since the date that a court first ordered the
defendant to provide for such support; or
(b) It is a second or subsequent violation of
subsection 1 or an offense committed in another jurisdiction that, if committed
in this State, would be a violation of subsection 1, and the person’s
arrearages for nonpayment of the child support or spousal support ordered by a
court total $5,000 or more and have accrued over any period since the date that
a court first ordered the defendant to provide for such support.
3. A prosecution for a violation of
subsection 1 may be brought in a court of competent jurisdiction in any county
in which:
(a) A court has issued a valid order for the
defendant to pay child support or spousal support;
(b) The defendant resides;
(c) The custodial parent or custodian of the
child for whom the defendant owes child support resides;
(d) The spouse or former spouse to whom the
defendant owes spousal support resides; or
(e) The child for whom the defendant owes child
support resides.
[1:170:1923; NCL § 10516]—(NRS A 1965, 1440; 1967,
474; 1969, 271; 1979,
1284; 1983,
1878; 1995,
1196; 1999,
1208, 3568;
2001, 278)
NRS 201.030 Institution of proceedings: Verified complaint. Proceedings under NRS
201.015 to 201.080, inclusive, may be instituted
upon complaint made under oath or affirmation by the spouse or child or
children, or by any other person, including the district attorney, against any
person guilty of an offense named in NRS 201.020.
[2:170:1923; NCL § 10517]—(NRS A 1969, 589; 1985, 64; 1999, 3570)
NRS 201.051 Affirmative defense: Notice of intent to claim; notice of
rebuttal witnesses; notice of provisions of section.
1. Except as otherwise provided in this
section, in a prosecution for a violation of NRS
201.020, the defendant may claim as an affirmative defense that he or she
was unable to provide the child support or spousal support ordered by a court.
2. In addition to the written notice
required by NRS 174.234, a defendant
who intends to offer the affirmative defense described in subsection 1 shall,
not less than 20 days before trial or at such other time as the court directs,
file and serve upon the prosecuting attorney a written notice of his or her
intent to claim the affirmative defense. The written notice must include:
(a) The specific affirmative defense that the
defendant is asserting; and
(b) The name and last known address of each
witness by whom the defendant proposes to establish the affirmative defense.
3. Not later than 10 days after receiving
the written notice set forth in subsection 2 or at such other time as the court
directs, the prosecuting attorney shall file and serve upon the defendant a
written notice that includes the name and last known address of each witness
the prosecuting attorney proposes to offer in rebuttal at trial to discredit
the affirmative defense claimed by the defendant.
4. Each party has a continuing duty to
file and serve upon the opposing party any change in the last known address of
any witness that the party proposes to offer to establish or discredit the
affirmative defense described in subsection 1.
5. Each party has a continuing duty to
disclose promptly the names and last known addresses of any additional
witnesses which come to the attention of that party and which that party
proposes to offer to establish or discredit the affirmative defense described
in subsection 1.
6. If the defendant or prosecuting
attorney fails to comply with the requirements set forth in this section, in
addition to any sanctions or protective orders otherwise provided in chapter 174 of NRS, the court may grant a
continuance to permit the opposing party time to prepare.
7. A prosecuting attorney shall provide
notice of the requirements of this section to a defendant when a complaint is
served upon the defendant for a violation of NRS
201.020.
8. For the purposes of this section, a
defendant is not “unable to provide the child support or spousal support
ordered by a court” if, during the period that the defendant was obligated to
provide and failed to provide child support or spousal support, the defendant
was:
(a) Voluntarily unemployed or underemployed
without good cause or to avoid payment of child support or spousal support,
including, without limitation, not using reasonable diligence to secure
sufficient employment; or
(b) Unable to pay the child support or spousal
support ordered by a court because of excessive spending, indebtedness or other
legal obligation, unless the spending, indebtedness or other legal obligation
was not within the control of the defendant.
(Added to NRS by 1999, 3567)
NRS 201.070 Evidence; husband and wife competent witnesses.
1. No other or greater evidence is
required to prove the marriage of the husband and wife, or that the defendant
is the father or mother of the child or children, than is required to prove
such facts in a civil action.
2. In no prosecution under NRS 201.015 to 201.080,
inclusive, does any existing statute or rule of law prohibiting the disclosure
of confidential communications between husband and wife apply, and both husband
and wife are competent witnesses to testify against each other to any and all
relevant matters, including the fact of the marriage and the parentage of any
child or children, but neither may be compelled to give evidence incriminating
himself or herself.
3. Proof of the failure of the defendant
to provide for the support of the spouse, child or children, is prima facie
evidence that such failure was knowing.
[6:170:1923; NCL § 10521]—(NRS A 1985, 64; 1999, 3570)
NRS 201.080 Uniformity of interpretation. NRS 201.015 to 201.080,
inclusive, shall be so interpreted and construed as to effectuate their general
purpose to make uniform the law of those states which enact them.
[7:170:1923; NCL § 10522]
PATERNITY FRAUD
NRS 201.085 Definition; penalty.
1. A person is guilty of paternity fraud
if the person:
(a) Is ordered by a court to submit, or agrees to
submit, to a test for genetic identification to determine the paternity of a
child and knowingly assists, aids, abets, solicits or conspires with another
person to have someone other than himself submit to the test for the purpose of
preventing a determination that he is the father of the child;
(b) Submits to a test for genetic identification
to determine the paternity of a child in place of the person who has been
ordered to submit, or who has agreed to submit, to a test for genetic
identification to determine the paternity of a child for the purpose of
preventing a determination that the person for whom he is taking the test is
the father of the child; or
(c) Knowingly assists, aids, abets, solicits or
conspires with another person:
(1) To commit a violation of paragraph (a)
or (b); or
(2) To render inaccurate the results of a
test for genetic identification to determine the paternity of a child.
2. A person who violates this section is
guilty of a gross misdemeanor.
(Added to NRS by 2007, 1022)
CONTRIBUTORY DELINQUENCY AND NEGLECT OF CHILDREN
NRS 201.090 “Neglected child,” “delinquent child” and “child in need of
supervision” defined. As used in NRS 201.100 and 201.110,
unless the context otherwise requires, a “neglected child,” “delinquent child”
or “child in need of supervision” means any person less than 18 years of age:
1. Who is found begging, receiving or
gathering alms, or who is found in any street, road or public place for the
purpose of so doing, whether actually begging or doing so under the pretext of
selling or offering for sale any article, or of singing or playing on any
musical instrument, or of giving any public entertainment or accompanying or
being used in aid of any person so doing.
2. Who has no parent or guardian, who has
no parent or guardian willing to exercise or capable of exercising proper
parental control, or who has no parent or guardian actually exercising such
proper parental control, and who is in need of such control.
3. Who is destitute, or who is not
provided with the necessities of life by his or her parents, and who has no
other means of obtaining such necessities.
4. Whose home is an unfit place for the
child, by reason of neglect, cruelty or depravity of either of his or her
parents, or of his or her guardians or other person in whose custody or care
the child is.
5. Who is found living in any house of ill
fame, or with any disreputable person.
6. Who is found wandering and either has
no home, no settled place of abode, no visible means of subsistence or no
proper guardianship.
7. Who frequents the company of criminals,
vagrants or prostitutes, or persons so reputed, or who is in any house of
prostitution or assignation.
8. Who unlawfully visits a saloon where
any spirituous, vinous or malt liquors are sold, bartered, exchanged or given
away.
9. Who habitually uses intoxicating
liquors or who uses opium, cocaine, morphine, or other similar drug without the
direction of a competent physician.
10. Who persistently or habitually refuses
to obey the reasonable and proper orders or directions of his or her parents,
guardian or custodian, or who is beyond the control of such person.
11. Who is a habitual truant from school.
12. Who is leading, or from any cause is
in danger of leading, an idle, dissolute, lewd or immoral life.
13. Who writes or uses vile, obscene,
profane or indecent language, or is guilty of indecent, immoral or lascivious
conduct.
14. Who violates any law of this State or
any ordinance of any town, city or county of this State defining crime.
Ê Any child
who is a runaway, unmanageable or a habitual truant is a child in need of
supervision as that term is used in title 5 of NRS, and is not a delinquent
child.
[Part 1:165:1909; A 1911, 382; 1921, 21; 1955,
152]—(NRS A 1973, 1350; 2003, 1125)
NRS 201.100 How offense may be termed. When
the charge against any person under NRS 201.090, 201.100 and 201.110
concerns the neglect of a child or children, or the problems of a child in need
of supervision, the offense, for convenience, may be termed “contributory
neglect,” and when it concerns the delinquency of a child or children, for
convenience it may be termed “contributory delinquency.”
[Part 1:165:1909; A 1911, 382; 1921, 21; 1955,
152]—(NRS A 1973, 1351)
NRS 201.110 Definition; penalties; exception.
1. Except as otherwise provided in this
section, any person who commits any act or omits the performance of any duty,
which act or omission causes or tends to cause or encourage any person under
the age of 18 to become a “neglected child,” “child in need of supervision” or
“delinquent child,” as defined in NRS 201.090, 201.100 and 201.110 or
which act or omission contributes thereto, or any person who, by any act or
omission, or by threats, command or persuasion, induces or endeavors to induce
any person under the age of 18 to perform any act or to follow any course of
conduct or to so live as would cause or manifestly tend to cause any such
person to become or to remain a person who is a “neglected child,” “child in
need of supervision” or “delinquent child,” as defined in NRS 201.090, is guilty of contributory neglect or
contributory delinquency. Contributory neglect or contributory delinquency is a
misdemeanor.
2. A person does not commit a violation of
subsection 1 by virtue of the sole fact that the person delivers or induces the
delivery of a child to a provider of emergency services pursuant to NRS 432B.630.
[Part 1:165:1909; A 1911, 382; 1921, 21; 1955,
152]—(NRS A 1967, 474; 1973, 1351; 2001, 1265)
ABORTIONS; CONCEALING BIRTH
NRS 201.120 Abortion: Definition; penalty. A
person who:
1. Prescribes, supplies or administers to
a woman, whether pregnant or not, or advises or causes her to take any
medicine, drug or substance; or
2. Uses or causes to be used, any
instrument or other means,
Ê to terminate
a pregnancy, unless done pursuant to the provisions of NRS 442.250, or by a woman upon herself
upon the advice of a physician acting pursuant to the provisions of NRS 442.250, is guilty of abortion which
is a category B felony and shall be punished by imprisonment in the state
prison for a minimum term of not less than 1 year and a maximum term of not more
than 10 years, and may be further punished by a fine of not more than $10,000.
[1911 C&P § 182, RL § 6447; NCL § 10129]—(NRS A
1967, 475; 1973, 1639; 1979, 1428; 1995, 1197)
NRS 201.130 Selling drugs to produce miscarriage; penalty. Every person who shall manufacture, sell or
give away any instrument, drug, medicine or other substance, knowing or
intending that the same may be unlawfully used in procuring the miscarriage of
a woman, shall be guilty of a gross misdemeanor.
[1911 C&P § 183; RL § 6448; NCL § 10130]
NRS 201.140 Evidence. In any
prosecution for abortion, attempting abortion, or selling drugs unlawfully, no
person shall be excused from testifying as a witness on the ground that the
testimony would tend to incriminate him or her, but such testimony shall not be
used against the person testifying in any criminal prosecution except for
perjury in giving such testimony.
[1911 C&P § 184; RL § 6449; NCL § 10131]
NRS 201.150 Concealing birth; penalty. Every
person who shall endeavor to conceal the birth of a child by any disposition of
its dead body, whether the child died before or after its birth, shall be
guilty of a gross misdemeanor.
[1911 C&P § 185; RL § 6450; NCL § 10132]
BIGAMY, INCEST AND SEXUAL ACTS IN PUBLIC
NRS 201.160 Bigamy: Definition; penalty.
1. Bigamy consists in the having of two
wives or two husbands at one time, knowing that the former husband or wife is
still alive.
2. If a married person marries any other
person while the former husband or wife is alive, the person so offending is
guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. It is not necessary to prove either of
the marriages by the register and certificate thereof, or other record
evidence, but those marriages may be proved by such evidence as is admissible
to prove a marriage in other cases, and when the second marriage has taken place
without this State, cohabitation in this State after the second marriage
constitutes the commission of the crime of bigamy.
4. This section does not extend:
(a) To a person whose husband or wife has been
continually absent from that person for the space of 5 years before the second
marriage, if he or she did not know the husband or wife to be living within
that time.
(b) To a person who is, at the time of the second
marriage, divorced by lawful authority from the bonds of the former marriage,
or to a person where the former marriage has been by lawful authority declared
void.
[1911 C&P § 191; RL § 6456; NCL § 10138]—(NRS A
1967, 475; 1979,
1428; 1995,
1197)
NRS 201.170 Marrying person already married; penalty. If a person, being unmarried, knowingly
marries the husband or wife of another, that person is guilty of a category D
felony and shall be punished as provided in NRS
193.130.
[1911 C&P § 192; RL § 6457; NCL § 10139]—(NRS A
1967, 475; 1979,
1429; 1995,
1198)
NRS 201.180 Incest: Definition; penalty. Persons
being within the degree of consanguinity within which marriages are declared by
law to be incestuous and void who intermarry with each other or who commit
fornication or adultery with each other shall be punished for a category A
felony by imprisonment in the state prison for a minimum term of not less than
2 years and a maximum term of life with the possibility of parole, and may be
further punished by a fine of not more than $10,000.
[1911 C&P § 193; RL § 6458; NCL § 10140]—(NRS A 1979, 1429; 1995, 1198; 2005, 2877)
NRS 201.190 Commission of certain sexual acts in public: Definition;
penalty. Except as otherwise
provided in NRS 200.366 and 201.230, a person of full age who commits anal
intercourse, cunnilingus or fellatio in public is guilty of a category D felony
and shall be punished as provided in NRS
193.130.
[1911 C&P § 194; A 1951, 524]—(NRS A 1963, 62;
1967, 475; 1973, 95, 254; 1977, 866, 1632; 1993, 515; 1995, 1198)
NRS 201.195 Solicitation of minor to engage in acts constituting crime
against nature; penalties. Repealed.
(See chapter 261, Statutes of Nevada 2013, at page 1174.)
INTENTIONAL TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS
NRS 201.205 Penalty; affirmative defense.
1. A person who, after testing positive in
a test approved by the State Board of Health for exposure to the human
immunodeficiency virus and receiving actual notice of that fact, intentionally,
knowingly or willfully engages in conduct in a manner that is intended or
likely to transmit the disease to another person is guilty of a category B
felony and shall be punished by imprisonment in the state prison for a minimum
term of not less than 2 years and a maximum term of not more than 10 years, or
by a fine of not more than $10,000, or by both fine and imprisonment.
2. It is an affirmative defense to an
offense charged pursuant to subsection 1 that the person who was subject to
exposure to the human immunodeficiency virus as a result of the prohibited
conduct:
(a) Knew the defendant was infected with the
human immunodeficiency virus;
(b) Knew the conduct could result in exposure to
the human immunodeficiency virus; and
(c) Consented to engage in the conduct with that
knowledge.
(Added to NRS by 1993, 1943; A 1995, 1199)
LEWDNESS AND INDECENT EXPOSURE
NRS 201.210 Open or gross lewdness; penalty.
1. A person who commits any act of open or
gross lewdness is guilty:
(a) For the first offense, of a gross
misdemeanor.
(b) For any subsequent offense, of a category D
felony and shall be punished as provided in NRS
193.130.
2. For the purposes of this section, the
breast feeding of a child by the mother of the child does not constitute an act
of open or gross lewdness.
[Part 1911 C&P § 195; A 1921, 112; NCL §
10142]—(NRS A 1963, 63; 1965, 1465; 1967, 476; 1973, 95, 255, 1406; 1977, 866; 1979, 1429; 1983, 206; 1991, 1008; 1995, 127, 1199, 1327; 1997, 2501, 3188)
NRS 201.220 Indecent or obscene exposure; penalty.
1. A person who makes any open and
indecent or obscene exposure of his or her person, or of the person of another,
is guilty:
(a) For the first offense, of a gross
misdemeanor.
(b) For any subsequent offense, of a category D
felony and shall be punished as provided in NRS
193.130.
2. For the purposes of this section, the
breast feeding of a child by the mother of the child does not constitute an act
of open and indecent or obscene exposure of her body.
[Part 1911 C&P § 195; A 1921, 112; NCL §
10142]—(NRS A 1965, 1465; 1967, 476; 1973, 96, 255, 1406; 1977, 867; 1979, 1429; 1983, 206; 1991, 1008; 1995, 127, 1200, 1327; 1997, 2501, 3189)
NRS 201.230 Lewdness with child under 14 years; penalties.
1. A person who willfully and lewdly
commits any lewd or lascivious act, other than acts constituting the crime of
sexual assault, upon or with the body, or any part or member thereof, of a
child under the age of 14 years, with the intent of arousing, appealing to, or
gratifying the lust or passions or sexual desires of that person or of that
child, is guilty of lewdness with a child.
2. Except as otherwise provided in
subsection 3, a person who commits lewdness with a child is guilty of a
category A felony and shall be punished by imprisonment in the state prison for
life with the possibility of parole, with eligibility for parole beginning when
a minimum of 10 years has been served, and may be further punished by a fine of
not more than $10,000.
3. A person who commits lewdness with a
child and who has been previously convicted of:
(a) Lewdness with a child pursuant to this
section or any other sexual offense against a child; or
(b) An offense committed in another jurisdiction
that, if committed in this State, would constitute lewdness with a child
pursuant to this section or any other sexual offense against a child,
Ê is guilty of
a category A felony and shall be punished by imprisonment in the state prison
for life without the possibility of parole.
4. For the purpose of this section, “other
sexual offense against a child” has the meaning ascribed to it in subsection 5
of NRS 200.366.
[1911 C&P § 195 1/2; added 1925, 17; A 1947, 24;
1943 NCL § 10143]—(NRS A 1961, 92; 1967, 477; 1973, 96, 255, 1406; 1977, 867, 1632; 1979, 1430; 1983, 207; 1991, 1009; 1995, 1200; 1997, 1722, 2502, 3190; 1999, 470, 472; 2003, 2826; 2005, 2877)
NRS 201.232 Breast feeding: Legislative intent; authorized in any public or
private location where mother is authorized to be.
1. The Legislature finds and declares
that:
(a) The medical profession in the United States
recommends that children from birth to the age of 1 year should be breast fed,
unless under particular circumstances it is medically inadvisable.
(b) Despite the recommendation of the medical
profession, statistics reveal a declining percentage of mothers who are
choosing to breast feed their babies.
(c) Many new mothers are now choosing to use
formula rather than to breast feed even before they leave the hospital, and
only a small percentage of all mothers are still breast feeding when their
babies are 6 months old.
(d) In addition to the benefit of improving
bonding between mothers and their babies, breast feeding offers better
nutrition, digestion and immunity for babies than does formula feeding, and it
may increase the intelligence quotient of a child. Babies who are breast fed
have lower rates of death, meningitis, childhood leukemia and other cancers,
diabetes, respiratory illnesses, bacterial and viral infections, diarrheal
diseases, otitis media, allergies, obesity and developmental delays.
(e) Breast feeding also provides significant
benefits to the health of the mother, including protection against breast
cancer and other cancers, osteoporosis and infections of the urinary tract. The
incidence of breast cancer in the United States might be reduced by 25 percent
if every woman breast fed all her children until they reached the age of 2
years.
(f) The World Health Organization and the United
Nations Children’s Fund have established as one of their major goals for the
decade the encouragement of breast feeding.
(g) The social constraints of modern society
weigh against the choice of breast feeding and lead new mothers with demanding
time schedules to opt for formula feeding to avoid embarrassment, social
ostracism or criminal prosecution.
(h) Any genuine promotion of family values should
encourage public acceptance of this most basic act of nurture between a mother
and her baby, and no mother should be made to feel incriminated or socially
ostracized for breast feeding her child.
2. Notwithstanding any other provision of
law, a mother may breast feed her child in any public or private location where
the mother is otherwise authorized to be, irrespective of whether the nipple of
the mother’s breast is uncovered during or incidental to the breast feeding.
(Added to NRS by 1995, 126)
OBSCENITY
NRS 201.235 Definitions. In NRS 201.235 to 201.254,
inclusive, unless the context otherwise requires:
1. “Community” means the area from which a
jury is or would be selected for the court in which the action is tried.
2. “Item” includes any book, leaflet,
pamphlet, magazine, booklet, picture, drawing, photograph, film, negative,
slide, motion picture, figure, object, article, novelty device, recording,
transcription, phonograph record or tape recording, videotape or videodisc,
with or without music, or other similar items.
3. “Material” means anything tangible
which is capable of being used or adapted to arouse interest, whether through
the medium of reading, observation, sound or in any other manner.
4. “Obscene” means any item, material or
performance which:
(a) An average person applying contemporary
community standards would find, taken as a whole, appeals to prurient interest;
(b) Taken as a whole lacks serious literary,
artistic, political or scientific value; and
(c) Does one of the following:
(1) Depicts or describes in a patently
offensive way ultimate sexual acts, normal or perverted, actual or simulated.
(2) Depicts or describes in a patently
offensive way masturbation, excretory functions, sadism or masochism.
(3) Lewdly exhibits the genitals.
Ê Appeal shall
be judged with reference to ordinary adults, unless it appears, from the
character of the material or the circumstances of its dissemination, to be
designed for children or a clearly defined deviant group.
5. “Performance” means any play, motion
picture, dance or other exhibition performed before an audience.
[1911 C&P § 196; A 1955, 907]—(NRS A 1963, 1171;
1965, 584; 1971, 205, 493; 1979, 364)—(Substituted
in revision for NRS 201.250)
NRS 201.237 Exemptions. The provisions
of NRS 201.235 to 201.254,
inclusive, do not apply to those universities, schools, museums or libraries
which are operated by or are under the direct control of the State, or any
political subdivision of the State, or to persons while acting as employees of
such organizations.
(Added to NRS by 1979, 363)
NRS 201.239 Power of county, city or town to regulate obscenity. The provisions of NRS
201.235 to 201.254, inclusive, do not preclude
any county, city or town from adopting an ordinance further regulating
obscenity if its provisions do not conflict with these statutes.
(Added to NRS by 1979, 364)
NRS 201.241 Action to declare item or material obscene and obtain
injunction.
1. The district attorney or city attorney
of any county or city, respectively, in which there is an item or material
which the district attorney or city attorney believes to be obscene, may file a
complaint in the district court seeking to have the item or material declared
obscene and to enjoin the possessor and the owner from selling, renting,
exhibiting, reproducing, manufacturing or distributing it and from possessing
it for any purpose other than personal use.
2. In such an action, no temporary
restraining order may be issued.
3. A trial on the merits must be held not
earlier than 5 days after the answer is filed nor later than 35 days after the
complaint is filed. The court shall render a decision within 2 days after the
conclusion of the trial.
(Added to NRS by 1979, 363; A 1981, 1688)
NRS 201.243 Evidence probative of obscenity of material or item. In prosecutions under NRS
201.235 to 201.254, inclusive, evidence of
circumstances of production, dissemination, sale or publicity of the material
or item, which indicates it is being commercially exploited by the defendant
for its prurient appeal, is probative of the obscenity of the material or item
and can justify the conclusion that it is, taken as a whole, without serious
literary, artistic, political or scientific value.
(Added to NRS by 1979, 364)
NRS 201.245 Surrender, seizure and destruction of obscene item or material;
undertaking not required for injunction; defendant chargeable with knowledge of
contents after service of summons and complaint.
1. If a final judgment declaring an item
or material obscene is entered against its owner or possessor, the judgment
shall contain a provision directing the owner or possessor to surrender to the
sheriff of the county in which the action was brought the item or material
declared obscene and a direction to the sheriff to seize and destroy it.
2. In any action brought to declare an
item or material obscene, the district attorney or city attorney bringing the
action is not required to file an undertaking before an injunction is issued.
3. A sheriff directed to seize an obscene
item or material is not liable for damages sustained by reason of the
injunction in cases where judgment ultimately is rendered in favor of the
person, firm, association or corporation sought to be enjoined.
4. Every person, firm, association or
corporation who sells, distributes, or acquires possession with intent to sell
or distribute any allegedly obscene item or material, after service upon the
person, firm, association or corporation of a summons and complaint in an
action brought to declare an item or material obscene is chargeable with
knowledge of the contents of the item or material.
(Added to NRS by 1979, 363)
NRS 201.247 Payment to city or county of value received from sale of obscene
materials after judgment or injunction. If
a district court enters a judgment that an item or material is obscene and that
item or material, or one substantially identical thereto, is sold after that
judgment or injunction, the court shall order an accounting to determine the
value of all money and other consideration received by the defendant which was
derived from the obscene item or material after the court judged it to be obscene.
The defendant shall pay a sum equivalent to that value into the general fund of
the city or county which prosecuted the action.
(Added to NRS by 1979, 364)
NRS 201.249 Production, sale, distribution, exhibition and possession of
obscene items or materials; penalty. Except
as otherwise provided in NRS 201.237 and except
under the circumstances described in NRS
200.720 or 200.725, a person is
guilty of a misdemeanor who knowingly:
1. Prints, produces or reproduces any
obscene item or material for sale or commercial distribution.
2. Publishes, sells, rents, transports in
intrastate commerce, or commercially distributes or exhibits any obscene item
or material, or offers to do any such things.
3. Has in his or her possession with
intent to sell, rent, transport or commercially distribute any obscene item or
material.
(Added to NRS by 1979, 364; A 1995, 951)
NRS 201.251 Coercing acceptance of obscene articles or publications;
penalty.
1. A person, firm, association or
corporation shall not, as a condition to any sale, allocation, consignment or
delivery for resale of any item or material, require that the purchaser or
consignee receive for resale any other item or material which is obscene. A
person, firm, association or corporation shall not deny or threaten to deny any
franchise or impose or threaten to impose any penalty, financial or otherwise,
for the failure or refusal of any person to accept any obscene item or material
or for the return thereof.
2. A person, firm, association or
corporation who violates any provision of this section is guilty of a
misdemeanor.
(Added to NRS by 1979, 364)
NRS 201.253 Obscene, indecent or immoral shows, acts or performances;
penalty. Except under the
circumstances described in NRS 200.710,
every person who knowingly causes to be performed or exhibited, or engages in
the performance or exhibition of, any obscene, indecent or immoral show, act or
performance is guilty of a misdemeanor.
(Added to NRS by 1967, 482; A 1995, 952)
NRS 201.254 Exemption of stagehands and movie projectionists from criminal
liability when possessing or exhibiting obscene material directly related to
their work. A motion picture
machine operator or a stagehand is not criminally liable for exhibiting or possessing
with the intent to exhibit any obscene material if:
1. Such exhibition or possession is a part
of the motion picture he or she is projecting or part of the stage show for
which he or she is employed as a stagehand; and
2. The operator or stagehand has no
financial interest, except wages, and no managerial responsibility in his or
her place of employment.
(Added to NRS by 1969, 352)
OBSCENE, THREATENING OR ANNOYING TELEPHONE CALLS
NRS 201.255 Penalties.
1. Any person who willfully makes a telephone
call and addresses any obscene language, representation or suggestion to or
about any person receiving such call or addresses to such other person any
threat to inflict injury to the person or property of the person addressed or
any member of the person’s family is guilty of a misdemeanor.
2. Every person who makes a telephone call
with intent to annoy another is, whether or not conversation ensues from making
the telephone call, guilty of a misdemeanor.
3. Any violation of subsections 1 and 2 is
committed at the place at which the telephone call or calls were made and at
the place where the telephone call or calls were received, and may be
prosecuted at either place.
(Added to NRS by 1967, 98; A 1971, 855)
EXHIBITION AND SALE OF OBSCENE MATERIAL TO MINORS
NRS 201.256 Definitions. As used
in NRS 201.256 to 201.2655,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 201.257 to 201.264,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1969, 513; A 1997, 1314, 2662)
NRS 201.2565 “Distribute” defined. “Distribute”
means to transfer possession with or without consideration.
(Added to NRS by 1997, 2662)
NRS 201.257 “Harmful to minors” defined. “Harmful
to minors” means that quality of any description or representation, whether
constituting all or a part of the material considered, in whatever form, of
nudity, sexual conduct, sexual excitement or sado-masochistic abuse which
predominantly appeals to the prurient, shameful or morbid interest of minors,
is patently offensive to prevailing standards in the adult community with
respect to what is suitable material for minors, and is without serious
literary, artistic, political or scientific value.
(Added to NRS by 1969, 513; A 1981, 1689)
NRS 201.2581 “Material” defined. “Material”
means:
1. A book, pamphlet, magazine, newspaper,
printed advertising or other printed or written material;
2. A motion picture, photograph, picture,
drawing, statue, sculpture or other visual representation or image; or
3. A transcription, recording or live or
recorded telephone message.
(Added to NRS by 1997, 2662)
NRS 201.259 “Minor” defined. “Minor”
means any person under the age of 18 years, but as applied to the showing of a
motion picture excludes any person employed on the premises where the motion
picture is shown.
(Added to NRS by 1969, 513)
NRS 201.2595 “Motion picture” defined. “Motion
picture” means a film or a video recording, whether or not it has been rated
appropriate for a particular audience, that is:
1. Placed on a videodisc or videotape; or
2. To be shown in a theater or on
television,
Ê and includes,
without limitation, a cartoon or an animated film.
(Added to NRS by 1997, 1314; A 1997, 2663)
NRS 201.261 “Nudity” defined. “Nudity”
means:
1. The showing of the human female breast
with less than a fully opaque covering of any portion of the areola and nipple;
2. The showing of the human male or female
genitals or pubic area with less than a fully opaque covering of any portion
thereof; or
3. The depiction of the human male
genitals in a discernible turgid state whether or not covered.
(Added to NRS by 1969, 513; A 1999, 1360)
NRS 201.262 “Sado-masochistic abuse” defined. “Sado-masochistic
abuse” means:
1. Flagellation or torture practiced by or
upon a person whether or not clad in undergarments, a mask or bizarre costume;
or
2. The condition of being fettered, bound
or otherwise physically restrained.
(Added to NRS by 1969, 513; A 1981, 1689)
NRS 201.263 “Sexual conduct” defined. “Sexual
conduct” means acts of masturbation, sexual penetration or physical contact
with a person’s unclothed genitals or pubic area.
(Added to NRS by 1969, 513; A 2013, 1155)
NRS 201.264 “Sexual excitement” defined. “Sexual
excitement” means the condition of human male or female genitals in a state of
sexual stimulation or arousal.
(Added to NRS by 1969, 513)
NRS 201.265 Unlawful acts; penalty. Except
as otherwise provided in NRS 200.720
and 201.2655, and unless a greater penalty is
provided pursuant to NRS 201.560, a person is
guilty of a misdemeanor if the person knowingly:
1. Distributes or causes to be distributed
to a minor material that is harmful to minors, unless the person is the parent,
guardian or spouse of the minor.
2. Exhibits for distribution to an adult
in such a manner or location as to allow a minor to view or to have access to
examine material that is harmful to minors, unless the person is the parent,
guardian or spouse of the minor.
3. Sells to a minor an admission ticket or
pass for or otherwise admits a minor for monetary consideration to any
presentation of material that is harmful to minors, unless the minor is
accompanied by his or her parent, guardian or spouse.
4. Misrepresents that he or she is the
parent, guardian or spouse of a minor for the purpose of:
(a) Distributing to the minor material that is
harmful to minors; or
(b) Obtaining admission of the minor to any
presentation of material that is harmful to minors.
5. Misrepresents his or her age as 18 or
over for the purpose of obtaining:
(a) Material that is harmful to minors; or
(b) Admission to any presentation of material
that is harmful to minors.
6. Sells or rents motion pictures which
contain material that is harmful to minors on the premises of a business
establishment open to minors, unless the person creates an area within the
establishment for the placement of the motion pictures and any material that
advertises the sale or rental of the motion pictures which:
(a) Prevents minors from observing the motion
pictures or any material that advertises the sale or rental of the motion
pictures; and
(b) Is labeled, in a prominent and conspicuous
location, “Adults Only.”
(Added to NRS by 1969, 513; A 1971, 161, 495; 1981, 1689; 1995, 952; 1997, 1314, 2662; 2003, 430, 1375)
NRS 201.2655 Exemptions. The
provisions of NRS 201.256 to 201.2655, inclusive, do not apply to:
1. A university, community college,
school, museum or library which is operated by or which is under the direct
control of this state or a political subdivision of this state; or
2. An employee or independent contractor
of an institution listed in subsection 1, if the employee or independent
contractor is acting within the scope of his or her employment or contractual
relationship.
(Added to NRS by 1997, 2662)
CRIMES AGAINST RELIGION
NRS 201.270 Disturbing religious meetings; penalty. Every
person who shall willfully disturb, interrupt or disquiet any assemblage or
congregation of people met for religious worship:
1. By noisy, rude or indecent behavior,
profane discourse, either within the place where such meeting is held, or so
near it as to disturb the order and solemnity of the meeting;
2. By exhibiting shows or plays, or
promoting any racing of animals, or gaming of any description, or engaging in
any boisterous or noisy amusement;
3. By disturbing in any manner, without
authority of law within 1 mile thereof, free passage along a highway to the
place of such meeting, or by maliciously cutting or otherwise injuring or
disturbing a conveyance or other property belonging to any person in attendance
upon such meeting; or
4. By menacing, threatening or assaulting
any person therein,
Ê shall be
guilty of a misdemeanor.
[1911 C&P § 213; RL § 6478; NCL § 10161] + [1911
C&P § 332; RL § 6597; NCL § 10280]
NRS 201.280 Selling liquor at camp meetings; penalty. Every person who shall erect or keep a booth,
tent, stall or other contrivance for the purpose of selling or otherwise
disposing of any wine, or spirituous or fermented liquors, or any drink of
which wine, spirituous or fermented liquors form a part, within 1 mile of any
camp or field meeting for religious worship, during the time of holding such
meeting, is guilty of a misdemeanor.
[1911 C&P § 333; RL § 6598; NCL § 10281]—(NRS A
1967, 477)
DESECRATION OF FLAGS
NRS 201.290 Penalty; exception.
1. Any person who, in any manner, for
exhibition or display, puts or causes to be placed any inscription, design,
device, symbol, portrait, name, advertisement, words, character, marks or
notice, or sets or places any goods, wares and merchandise whatever upon any
flag or ensign of the United States, or state flag of this State, or ensign,
evidently purporting to be either of the flags or ensign, or who in any manner
appends, annexes, or affixes to any such flag or ensign any inscription, design,
device, symbol, portrait, name, advertisement, words, marks, notice or token
whatever, or who displays or exhibits or causes to be displayed or exhibited
any flag or ensign, evidently purporting to be either of the flags, upon which
shall in any manner be put, attached, annexed or affixed any inscription,
design, device, symbol, portrait, name, advertisement, words, marks, notice or
token whatever, or who publicly or willfully mutilates, tramples upon, or who
tears down or willfully and maliciously removes while owned by others, or
defames, slanders, or speaks evilly or in a contemptuous manner of or otherwise
defaces or defiles any of the flags, or ensign, which are public or private
property, shall be deemed guilty of a misdemeanor.
2. This section shall not apply to flags
or ensigns the property of or used in the service of the United States or of
this State, upon which inscriptions, names of actions, words, marks or symbols
are placed pursuant to law or authorized regulations.
[1911 C&P § 338; A 1919, 438; 1919 RL § 6603; NCL
§ 10286]
PANDERING, PROSTITUTION AND DISORDERLY HOUSES
NRS 201.295 Definitions. As
used in NRS 201.295 to 201.440,
inclusive, unless the context otherwise requires:
1. “Adult” means a person 18 years of age
or older.
2. “Child” means a person less than 18
years of age.
3. “Induce” means to persuade, encourage,
inveigle or entice.
4. “Prostitute” means a male or female
person who for a fee, monetary consideration or other thing of value engages in
sexual intercourse, oral-genital contact or any touching of the sexual organs
or other intimate parts of a person for the purpose of arousing or gratifying
the sexual desire of either person.
5. “Prostitution” means engaging in sexual
conduct with another person in return for a fee, monetary consideration or
other thing of value.
6. “Sexual conduct” means any of the acts
enumerated in subsection 4.
7. “Transports” means to transport or
cause to be transported, by any means of conveyance, into, through or across
this State, or to aid or assist in obtaining such transportation.
(Added to NRS by 1979, 302; A 1987, 2028; 1997, 295; 2009, 575; 2013, 2430)
NRS 201.300 Pandering and sex trafficking: Definitions; penalties; exception.
1. A person who without physical force or
the immediate threat of physical force, induces an adult to unlawfully become a
prostitute or to continue to engage in prostitution, or to enter any place
within this State in which prostitution is practiced, encouraged or allowed for
the purpose of sexual conduct or prostitution is guilty of pandering which is a
category C felony and shall be punished as provided in NRS 193.130. This subsection does not
apply to the customer of a prostitute.
2. A person:
(a) Is guilty of sex trafficking if the person:
(1) Induces, causes, recruits, harbors,
transports, provides, obtains or maintains a child to engage in prostitution,
or to enter any place within this State in which prostitution is practiced,
encouraged or allowed for the purpose of sexual conduct or prostitution;
(2) Induces, recruits, harbors,
transports, provides, obtains or maintains a person by any means, knowing, or
in reckless disregard of the fact, that threats, violence, force, intimidation,
fraud, duress or coercion will be used to cause the person to engage in
prostitution, or to enter any place within this State in which prostitution is
practiced, encouraged or allowed for the purpose of sexual conduct or
prostitution;
(3) By threats, violence, force,
intimidation, fraud, duress, coercion, by any device or scheme, or by abuse of
any position of confidence or authority, or having legal charge, takes, places,
harbors, induces, causes, compels or procures a person to engage in
prostitution, or to enter any place within this State in which prostitution is
practiced, encouraged or allowed for the purpose of sexual conduct or
prostitution; or
(4) Takes or detains a person with the
intent to compel the person by force, violence, threats or duress to marry him
or her or any other person.
(b) Who is found guilty of sex trafficking:
(1) An adult is guilty of a category B
felony and shall be punished by imprisonment in the state prison for a minimum
term of not less than 3 years and a maximum term of not more than 10 years, and
may be further punished by a fine of not more than $10,000.
(2) A child:
(I) If the child is less than 14
years of age when the offense is committed, is guilty of a category A felony
and shall be punished by imprisonment in the state prison for life with the
possibility of parole, with eligibility for parole beginning when a minimum of
15 years has been served, and may be further punished by a fine of not more
than $20,000.
(II) If the child is at least 14
years of age but less than 16 years of age when the offense is committed, is
guilty of a category A felony and shall be punished by imprisonment in the
state prison for life with the possibility of parole, with eligibility for
parole beginning when a minimum of 10 years has been served, and may be further
punished by a fine of not more than $10,000.
(III) If the child is at least 16
years of age but less than 18 years of age when the offense is committed, is
guilty of a category A felony and shall be punished by imprisonment in the
state prison for life with the possibility of parole, with eligibility for
parole beginning when a minimum of 5 years has been served, and may be further
punished by a fine of not more than $10,000.
3. A court shall not grant probation to or
suspend the sentence of a person convicted of sex trafficking a child pursuant
to subsection 2.
4. Consent of a victim of pandering or sex
trafficking to an act of prostitution is not a defense to a prosecution for any
of the acts prohibited by this section.
5. In a prosecution for sex trafficking a
child pursuant to subsection 2, it is not a defense that the defendant did not
have knowledge of the victim’s age, nor is reasonable mistake of age a valid
defense to a prosecution conducted pursuant to subsection 2.
[1:233:1913; 1919 RL p. 3379; NCL § 10537]—(NRS A
1959, 7; 1967, 477; 1977, 1054; 1979, 1430; 1995, 1201; 1997, 295; 2013, 2430)
NRS 201.310 Pandering: Placing spouse in brothel; penalties. Repealed. (See chapter 426, Statutes of Nevada
2013, at page 2440.)
NRS 201.320 Living from earnings of prostitute; penalty.
1. A person who knowingly accepts,
receives, levies or appropriates any money or other valuable thing, without
consideration, from the proceeds of any prostitute, is guilty of a category D
felony and shall be punished as provided in NRS
193.130.
2. Any such acceptance, receipt, levy or
appropriation of money or valuable thing upon any proceedings or trial for
violation of this section is presumptive evidence of lack of consideration.
[3:233:1913; 1919 RL p. 3380; NCL § 10539]—(NRS A
1967, 478; 1979,
303; 1995,
1202)
NRS 201.325 Power of court to order restitution.
1. In addition to any other penalty, the
court may order a person convicted of a violation of any provision of NRS 201.300 or 201.320 to
pay restitution to the victim as provided in subsection 2.
2. Restitution ordered pursuant to this
section may include, without limitation:
(a) The cost of medical and psychological
treatment, including, without limitation, physical and occupational therapy and
rehabilitation;
(b) The cost of transportation, temporary housing
and child care;
(c) The return of property, the cost of repairing
damaged property or the full value of the property if it is destroyed or
damaged beyond repair;
(d) Expenses incurred by a victim in relocating
away from the defendant or his or her associates, if the expenses are verified
by law enforcement to be necessary for the personal safety of the victim;
(e) The cost of repatriation of the victim to his
or her home country, if applicable; and
(f) Any and all other losses suffered by the
victim as a result of the violation of any provision of NRS
201.300 or 201.320.
3. The return of the victim to his or her
home country or other absence of the victim from the jurisdiction does not
prevent the victim from receiving restitution.
4. As used in this section, “victim” means
any person:
(a) Against whom a violation of any provision of NRS 201.300 or 201.320 has
been committed; or
(b) Who is the surviving child of such a person.
(Added to NRS by 2013, 2430)
NRS 201.330 Pandering: Detaining person in brothel because of debt;
penalties. Repealed. (See chapter
426, Statutes of Nevada 2013, at page 2440.)
NRS 201.340 Pandering: Furnishing transportation; penalties. Repealed. (See chapter 426, Statutes of Nevada
2013, at page 2440.)
NRS 201.345 Attorney General has concurrent jurisdiction with district
attorneys.
1. The Attorney General has concurrent
jurisdiction with the district attorneys of the counties in this State to
prosecute any violation of NRS 201.300 or 201.320.
2. When acting pursuant to this section,
the Attorney General may commence an investigation and file a criminal action
without leave of court and the Attorney General has exclusive charge of the
conduct of the prosecution.
(Added to NRS by 2013, 2429)
NRS 201.350 Venue. It shall not
be a defense to a prosecution for any of the acts prohibited in NRS 201.300 or 201.320
that any part of such act or acts shall have been committed outside this state,
and the offense shall in such case be deemed and alleged to have been
committed, and the offender tried and punished, in any county in which the
prostitution was consummated, or any overt act in furtherance of the offense
shall have been committed.
[6:233:1913; 1919 RL p. 3381; NCL § 10542]—(NRS A 2013, 2432)
NRS 201.351 Forfeiture of assets; temporary restraining order to preserve
property subject to forfeiture; use of proceeds derived from forfeiture.
1. All assets derived from or relating to
any violation of NRS 201.300 or 201.320 are subject to forfeiture pursuant to NRS 179.121 and a proceeding for their
forfeiture may be brought pursuant to NRS
179.1156 to 179.121, inclusive.
2. In any proceeding for forfeiture
brought pursuant to NRS 179.1156 to 179.121, inclusive, the plaintiff may
apply for, and a court may issue without notice or hearing, a temporary
restraining order to preserve property which would be subject to forfeiture
pursuant to this section if:
(a) The forfeitable property is in the possession
or control of the party against whom the order will be entered; and
(b) The court determines that the nature of the
property is such that it can be concealed, disposed of or placed beyond the
jurisdiction of the court before a hearing on the matter.
3. A temporary restraining order which is
issued without notice may be issued for not more than 30 days and may be
extended only for good cause or by consent. The court shall provide notice and
hold a hearing on the matter before the order expires.
4. Any proceeds derived from a forfeiture
of property pursuant to this section and remaining after the distribution
required by subsection 1 of NRS 179.118
must be deposited with the county treasurer and distributed to programs for the
prevention of child prostitution or for services to victims which are
designated to receive such distributions by the district attorney of the
county.
(Added to NRS by 2009, 574;
A 2013,
2433)
NRS 201.352 Additional fine for certain violations.
1. If a person is convicted of a violation
of subsection 2 of NRS 201.300 or NRS 201.320, the victim of the violation is a child
when the offense is committed and physical force or violence or the immediate
threat of physical force or violence is used upon the child, the court may, in
addition to the term of imprisonment prescribed by statute for the offense and
any fine imposed pursuant to subsection 2, impose a fine of not more than
$500,000.
2. If a person is convicted of a violation
of subsection 2 of NRS 201.300 or NRS 201.320, the victim of the offense is a child when
the offense is committed and the offense also involves a conspiracy to commit a
violation of subsection 2 of NRS 201.300 or NRS 201.320, the court may, in addition to the
punishment prescribed by statute for the offense of a provision of subsection 2
of NRS 201.300 or NRS
201.320 and any fine imposed pursuant to subsection 1, impose a fine of not
more than $500,000.
3. The provisions of subsections 1 and 2
do not create a separate offense but provide an additional penalty for the
primary offense, the imposition of which is contingent upon the finding of the
prescribed fact.
(Added to NRS by 2009, 574;
A 2013,
2433)
NRS 201.354 Engaging in prostitution or solicitation for prostitution:
Penalty; exception.
1. It is unlawful for any person to engage
in prostitution or solicitation therefor, except in a licensed house of
prostitution.
2. Except as otherwise provided in
subsection 3, a person who violates subsection 1 is guilty of a misdemeanor.
3. A person who violates subsection 1 by
soliciting a child for prostitution is guilty of a category E felony and shall
be punished as provided in NRS 193.130.
(Added to NRS by 1987, 2027; A 1991, 462; 2009, 1245)
NRS 201.356 Test for exposure to human immunodeficiency virus required;
payment of costs; notification of results of test.
1. Any person who is arrested for a
violation of NRS 201.354 must submit to a test,
approved by regulation of the State Board of Health, to detect exposure to the
human immunodeficiency virus. The State Board of Health shall not approve a
test for use that does not provide the arresting law enforcement agency with
the results of the test within 30 days after a person submits to the test. If
the person is convicted of a violation of NRS 201.354,
the person shall pay the sum of $100 for the cost of the test.
2. The person performing the test shall
immediately transmit the results of the test to the arresting law enforcement
agency. If the results of the test are negative, the agency shall inform the
court of that fact. If the results of the test are positive, the agency shall
upon receipt:
(a) Mail the results by certified mail, return
receipt requested, to the person arrested at his or her last known address and
place the returned receipt in the agency’s file; or
(b) If the person arrested is in the custody of
the agency, personally deliver the results to him or her and place an affidavit
of service in the agency’s file.
Ê If before
receiving the results pursuant to this subsection, the person arrested requests
the agency to inform him or her of the results and the agency has received
those results, the agency shall deliver the results to the person arrested,
whether positive or negative, and place an affidavit of service in the agency’s
file.
3. The court shall, when the person
arrested is arraigned, order the person to reappear before the court 45 days
after the arraignment to determine whether the person has received the results
of the test. The court shall inform the person that the failure to appear at
the appointed time will result in the issuance of a bench warrant, unless the
order is rescinded pursuant to this subsection. If the court is informed by the
agency that the results of the person’s test were negative, the court clerk
shall rescind the order for reappearance and so notify the person. If, upon
receiving notice from the agency that the results of the test were positive,
the person notifies the court clerk in writing that he or she has received the
results, the clerk shall inform the court and rescind the order for
reappearance for that determination.
4. The court shall, upon the person’s
reappearance ordered pursuant to subsection 3, ask the person whether he or she
has received the results of the test. If the person answers that he or she has
received them, the court shall note the person’s answer in the court records.
If the person answers that he or she has not received them, the court shall
have the results delivered to the person and direct that an affidavit of
service be placed in the agency’s file.
5. If the person does not reappear as
ordered and has not notified the court clerk of his or her receipt of the
results of the test in the manner set forth in subsection 3, the court shall
cause a bench warrant to be issued and that person arrested and brought before
the court as upon contempt. The court shall also proceed in the manner set
forth in subsection 4 to ensure that the person receives the results of the
test.
(Added to NRS by 1987, 2027; A 1989, 924)
NRS 201.358 Engaging in prostitution or solicitation for prostitution after
testing positive for exposure to human immunodeficiency virus: Penalty;
definition.
1. A person who:
(a) Violates NRS 201.354;
or
(b) Works as a prostitute in a licensed house of
prostitution,
Ê after
testing positive in a test approved by the State Board of Health for exposure
to the human immunodeficiency virus and receiving notice of that fact is guilty
of a category B felony and shall be punished by imprisonment in the state
prison for a minimum term of not less than 2 years and a maximum term of not
more than 10 years, or by a fine of not more than $10,000, or by both fine and
imprisonment.
2. As used in this section, “notice”
means:
(a) Actual notice; or
(b) Notice received pursuant to NRS 201.356.
(Added to NRS by 1987, 2027; A 1989, 589, 925; 1995, 1203)
NRS 201.360 Placing person in house of prostitution; penalties.
1. A person who:
(a) Places another in the charge or custody of a
third person with the intent that the other person engage in prostitution or who
compels the other person to reside with him or her or with any third person for
purposes of prostitution, or who compels another person to reside in a house of
prostitution;
(b) Asks or receives any compensation, gratuity
or reward, or promise thereof, for or on account of placing in a house of
prostitution or elsewhere a person for the purpose of causing that person to
cohabit with someone who is not the person’s spouse;
(c) Gives, offers or promises any compensation,
gratuity or reward, to procure a person to engage in any act of prostitution in
any house of prostitution, or elsewhere, against the person’s will;
(d) Is the spouse, parent, guardian or other
legal custodian of a person under the age of 18 and permits, connives at or
consents to the minor’s being or remaining in any house of prostitution;
(e) Lives with or accepts any earnings of a
common prostitute, or entices or solicits a person to go to a house of
prostitution to engage in sexual conduct with a common prostitute;
(f) Decoys, entices, procures or in any manner
induces a person to become a prostitute or to become an inmate of a house of
prostitution, for purposes of prostitution, or for purposes of employment, or
for any purpose whatever, when that person does not know that the house is one
of prostitution; or
(g) Decoys, entices, procures or in any manner
induces a person, under the age of 21 years, to go into or visit, upon any
pretext or for any purpose whatever, any house of ill fame or prostitution, or
any room or place inhabited or frequented by any prostitute, or used for
purposes of prostitution,
Ê is guilty of
a felony.
2. A person who violates the provisions of
subsection 1 shall be punished:
(a) Where physical force or the immediate threat
of physical force is used upon the other person, for a category C felony as
provided in NRS 193.130.
(b) Where no physical force or immediate threat
of physical force is used, for a category D felony as provided in NRS 193.130.
[1911 C&P § 180; RL § 6445; NCL § 10127]—(NRS A
1967, 479; 1979,
303, 1432;
1995, 1203)
NRS 201.380 Restriction on location of houses of ill fame; penalty.
1. It shall be unlawful for any owner, or
agent of any owner, or any other person to keep any house of ill fame, or to
let or rent to any person whatever, for any length of time whatever, to be kept
or used as a house of ill fame, or resort for the purposes of prostitution, any
house, room or structure situated within 400 yards of any schoolhouse or
schoolroom used by any public or common school in the State of Nevada, or
within 400 yards of any church, edifice, building or structure erected for and
used for devotional services or religious worship in this state.
2. Any person violating the provisions of
subsection 1 shall be punished by a fine of not more than $500.
[419:63:1947; 1943 NCL § 6084.429] + [420:63:1947;
1943 NCL § 6084.430] + [1911 C&P § 245; RL § 6510; NCL § 10193] + [1911
C&P § 247; RL § 6512; NCL § 10195]—(NRS A 1967, 480)
NRS 201.390 Property on principal business streets not to be rented for
purposes of prostitution; penalty.
1. It is unlawful for any owner or agent
of any owner or any other person to keep, let or rent for any length of time,
or at all, any house fronting on the principal business street or thoroughfare
of any of the towns of this state, for the purpose of prostitution or to make
or use any entrance or exit way to any house of prostitution from the principal
business street or thoroughfare of any of the towns of this state.
2. Any person violating the provisions of
subsection 1 shall be punished by a fine of not more than $500.
[1911 C&P § 246; RL § 6511; NCL § 10194] + [1911
C&P § 247; RL § 6512; NCL § 10195]—(NRS A 1967, 481; 1979, 304)
NRS 201.400 General reputation competent evidence. In
the trial of all cases arising under the provisions of NRS
201.380 and 201.390, evidence of general
reputation is competent evidence as to the question of the ill fame of any
house alleged to be so kept, and to the question of the ill fame of any person.
[1911 C&P § 248; RL § 6513; NCL § 10196]—(NRS A 1979, 304)
NRS 201.410 Duties of sheriff and district attorney; failure to act;
penalty. The district attorney and
sheriff of each county in this state shall see that the provisions of NRS 201.380 are strictly enforced and carried into
effect, and upon neglect so to do, they, or either of them, shall be deemed
guilty of a misdemeanor in office and may be proceeded against by accusation as
provided in chapter 283 of NRS.
[421:63:1947; 1943 NCL § 6084.431]
NRS 201.420 Keeping disorderly house; penalty. Any
person who shall keep any disorderly house, or any house of public resort, by
which the peace, comfort or decency of the immediate neighborhood, or of any
family thereof, is habitually disturbed, or who shall keep any inn in a
disorderly manner, is guilty of a misdemeanor.
[1911 C&P § 219; RL § 6484; NCL § 10166]—(NRS A
1967, 481)
NRS 201.430 Unlawful advertising of prostitution; penalties.
1. It is unlawful for any person engaged
in conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, or any owner, operator, agent
or employee of a house of prostitution, or anyone acting on behalf of any such
person, to advertise the unlawful conduct or any house of prostitution:
(a) In any public theater, on the public streets
of any city or town, or on any public highway; or
(b) In any county, city or town where
prostitution is prohibited by local ordinance or where the licensing of a house
of prostitution is prohibited by state statute.
2. It is unlawful for any person knowingly
to prepare or print an advertisement concerning a house of prostitution not
licensed for that purpose pursuant to NRS
244.345, or conduct which is unlawful pursuant to paragraph (b) of
subsection 1 of NRS 207.030, in any
county, city or town where prostitution is prohibited by local ordinance or
where the licensing of a house of prostitution is prohibited by state statute.
3. Inclusion in any display, handbill or
publication of the address, location or telephone number of a house of
prostitution or of identification of a means of transportation to such a house,
or of directions telling how to obtain any such information, constitutes prima
facie evidence of advertising for the purposes of this section.
4. Any person, company, association or
corporation violating the provisions of this section shall be punished:
(a) For the first violation within a 3-year
period, by imprisonment in the county jail for not more than 6 months, or by a
fine of not more than $1,000, or by both fine and imprisonment.
(b) For a second violation within a 3-year
period, by imprisonment in the county jail for not less than 30 days nor more
than 6 months, and by a fine of not less than $250 nor more than $1,000.
(c) For a third or subsequent violation within a
3-year period, by imprisonment in the county jail for 6 months and by a fine of
not less than $250 nor more than $1,000.
[1:109:1913; 1919 RL p. 3379; NCL § 10535]—(NRS A
1967, 481; 1979,
305, 604;
1995, 2299)
NRS 201.440 Unlawful to permit illegal advertising of houses of
prostitution; penalties.
1. In any county, city or town where
prostitution is prohibited by local ordinance or where the licensing of a house
of prostitution is prohibited by state statute, it is unlawful for any person,
company, association or corporation knowingly to allow any person engaged in
conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, or any owner, operator, agent
or employee of a house of prostitution, or anyone acting on behalf of any such
person, to advertise a house of prostitution in his or her place of business.
2. Any person, company, association or
corporation that violates the provisions of this section shall be punished:
(a) For the first violation within a 3-year
period, by imprisonment in the county jail for not more than 6 months, or by a
fine of not more than $1,000, or by both fine and imprisonment.
(b) For a second violation within a 3-year
period, by imprisonment in the county jail for not less than 30 days nor more
than 6 months, and by a fine of not less than $250 nor more than $1,000.
(c) For a third or subsequent violation within a
3-year period, by imprisonment in the county jail for 6 months and by a fine of
not less than $250 nor more than $1,000.
[2:109:1913; 1919 RL p. 3379; NCL § 10536]—(NRS A
1967, 481; 1979,
305, 605;
1995, 2300)
SEXUAL PENETRATION OF DEAD HUMAN BODY
NRS 201.450 Unlawful act; penalty.
1. A person who commits a sexual
penetration on the dead body of a human being is guilty of a category A felony
and shall be punished by imprisonment in the state prison for life with the
possibility of parole, with eligibility for parole beginning when a minimum of
5 years has been served, and shall be further punished by a fine of not more
than $20,000.
2. For the purposes of this section,
“sexual penetration” means cunnilingus, fellatio or any intrusion, however
slight, of any part of a person’s body or any object manipulated or inserted by
a person into the genital or anal openings of the body of another, including,
without limitation, sexual intercourse in what would be its ordinary meaning if
practiced upon the living.
(Added to NRS by 1983, 344; A 1991, 1010; 1995, 1204; 1997, 2503, 3190; 2005, 2878)
SALE OF HUMAN ORGAN FOR TRANSPLANTATION
NRS 201.460 Sale, acquisition, receipt or transfer for consideration of
human organ for transplantation prohibited; penalty.
1. A person shall not knowingly sell,
acquire, receive or otherwise transfer for valuable consideration any human
organ for use in human transplantation.
2. As used in this section:
(a) “Human organ” includes the human kidney,
liver, heart, lung, bone marrow and any other part of the human body except
blood.
(b) “Valuable consideration” does not include the
reasonable payments associated with the removal, transportation, implantation,
processing, preservation, quality control or storage of a human organ or the
expenses of travel, housing and lost wages incurred by the donor in connection
with the donation of a human organ.
3. Any person who violates this section is
guilty of a misdemeanor.
(Added to NRS by 1987, 1498)
SEXUAL CONDUCT WITH PUPILS AND STUDENTS
NRS 201.470 Definitions. As
used in NRS 201.470 to 201.550,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 201.480 to 201.530,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1997, 2522)
NRS 201.480 “College” defined. “College”
means a college or community college which is privately owned or which is part
of the Nevada System of Higher Education.
(Added to NRS by 1997, 2522)
NRS 201.490 “Private school” defined. “Private
school” has the meaning ascribed to it in NRS
394.103.
(Added to NRS by 1997, 2522)
NRS 201.500 “Public school” defined. “Public
school” has the meaning ascribed to it in NRS
385.007.
(Added to NRS by 1997, 2522)
NRS 201.510 “Sado-masochistic abuse” defined. “Sado-masochistic
abuse” has the meaning ascribed to it in NRS 201.262.
(Added to NRS by 1997, 2522)
NRS 201.520 “Sexual conduct” defined. “Sexual
conduct” means:
1. Ordinary sexual intercourse;
2. Anal intercourse;
3. Fellatio, cunnilingus or other
oral-genital contact;
4. Physical contact by a person with the
unclothed genitals or pubic area of another person for the purpose of arousing
or gratifying the sexual desire of either person;
5. Penetration, however slight, by a
person of an object into the genital or anal opening of the body of another
person for the purpose of arousing or gratifying the sexual desire of either
person;
6. Masturbation or the lewd exhibition of
unclothed genitals; or
7. Sado-masochistic abuse.
(Added to NRS by 1997, 2522)
NRS 201.530 “University” defined. “University”
means a university which is privately owned or which is part of the Nevada
System of Higher Education.
(Added to NRS by 1997, 2522)
NRS 201.540 Sexual conduct between certain employees of school or volunteers
at school and pupil: Penalty; exception.
1. Except as otherwise provided in
subsection 4, a person who:
(a) Is 21 years of age or older;
(b) Is or was employed in a position of authority
by a public school or private school or is or was volunteering in a position of
authority at a public or private school; and
(c) Engages in sexual conduct with a pupil who is
16 or 17 years of age and:
(1) Who is or was enrolled in or attending
the public school or private school at which the person is or was employed or
volunteering; or
(2) With whom the person has had contact
in the course of performing his or her duties as an employee or volunteer,
Ê is guilty of
a category C felony and shall be punished as provided in NRS 193.130.
2. Except as otherwise provided in
subsection 4, a person who:
(a) Is 21 years of age or older;
(b) Is or was employed in a position of authority
by a public school or private school or is or was volunteering in a position of
authority at a public or private school; and
(c) Engages in sexual conduct with a pupil who is
14 or 15 years of age and:
(1) Who is or was enrolled in or attending
the public school or private school at which the person is or was employed or
volunteering; or
(2) With whom the person has had contact
in the course of performing his or her duties as an employee or volunteer,
Ê is guilty of
a category B felony and shall be punished by imprisonment in the state prison
for a minimum term of not less than 1 year and a maximum term of not more than
6 years, and may be further punished by a fine of not more than $5,000.
3. For the purposes of subsections 1 and
2, a person shall be deemed to be or have been employed in a position of
authority by a public school or private school or deemed to be or have been
volunteering in a position of authority at a public or private school if the
person is or was employed or volunteering as:
(a) A teacher or instructor;
(b) An administrator;
(c) A head or assistant coach; or
(d) A teacher’s aide or an auxiliary,
nonprofessional employee who assists licensed personnel in the instruction or
supervision of pupils pursuant to NRS
391.100.
4. The provisions of this section do not
apply to a person who is married to the pupil.
(Added to NRS by 1997, 2522; A 2001, 703; 2013, 2098)
NRS 201.550 Sexual conduct between certain employees of college or
university and student: Penalty; exception.
1. Except as otherwise provided in
subsection 3, a person who:
(a) Is 21 years of age or older;
(b) Is employed in a position of authority by a
college or university; and
(c) Engages in sexual conduct with a student who
is 16 or 17 years of age and who is enrolled in or attending the college or
university at which the person is employed,
Ê is guilty of
a category C felony and shall be punished as provided in NRS 193.130.
2. For the purposes of subsection 1, a
person shall be deemed to be employed in a position of authority by a college
or university if the person is employed as:
(a) A teacher, instructor or professor;
(b) An administrator; or
(c) A head or assistant coach.
3. The provisions of this section do not
apply to a person who is married to the student.
(Added to NRS by 1997, 2523)
LURING CHILDREN OR PERSONS WITH MENTAL ILLNESS
NRS 201.560 Definitions; exceptions; penalties.
1. Except as otherwise provided in
subsection 3, a person commits the crime of luring a child if the person
knowingly contacts or communicates with or attempts to contact or communicate
with:
(a) A child who is less than 16 years of age and
who is at least 5 years younger than the person with the intent to persuade,
lure or transport the child away from the child’s home or from any location
known to the child’s parent or guardian or other person legally responsible for
the child to a place other than where the child is located, for any purpose:
(1) Without the express consent of the
parent or guardian or other person legally responsible for the child; and
(2) With the intent to avoid the consent
of the parent or guardian or other person legally responsible for the child; or
(b) Another person whom he or she believes to be
a child who is less than 16 years of age and at least 5 years younger than he
or she is, regardless of the actual age of that other person, with the intent
to solicit, persuade or lure the person to engage in sexual conduct.
2. Except as otherwise provided in
subsection 3, a person commits the crime of luring a person with mental illness
if the person knowingly contacts or communicates with a person with mental
illness with the intent to persuade, lure or transport the person with mental
illness away from his or her home or from any location known to any person
legally responsible for the person with mental illness to a place other than
where the person with mental illness is located:
(a) For any purpose that a reasonable person
under the circumstances would know would endanger the health, safety or welfare
of the person with mental illness;
(b) Without the express consent of the person
legally responsible for the person with mental illness; and
(c) With the intent to avoid the consent of the
person legally responsible for the person with mental illness.
3. The provisions of this section do not
apply if the contact or communication is made or attempted with the intent to
prevent imminent bodily, emotional or psychological harm to the child, person
believed to be a child or person with mental illness.
4. A person who violates or attempts to
violate the provisions of this section through the use of a computer, system or
network:
(a) With the intent to engage in sexual conduct
with the child, person believed to be a child or person with mental illness or
to cause the child, person believed to be a child or person with mental illness
to engage in sexual conduct, is guilty of a category B felony and shall be
punished by imprisonment in the state prison for a minimum term of not less
than 1 year and a maximum term of not more than 10 years and may be further
punished by a fine of not more than $10,000;
(b) By providing the child, person believed to be
a child or person with mental illness with material that is harmful to minors
or requesting the child, person believed to be a child or person with mental
illness to provide the person with material that is harmful to minors, is guilty
of a category C felony and shall be punished as provided in NRS 193.130; or
(c) If paragraph (a) or (b) does not apply, is
guilty of a gross misdemeanor.
5. A person who violates or attempts to
violate the provisions of this section in a manner other than through the use
of a computer, system or network:
(a) With the intent to engage in sexual conduct
with the child, person believed to be a child or person with mental illness or
to cause the child, person believed to be a child or person with mental illness
to engage in sexual conduct, is guilty of a category B felony and shall be
punished by imprisonment in the state prison for a minimum term of not less
than 2 years and a maximum term of not more than 15 years and may be further
punished by a fine of not more than $10,000;
(b) By providing the child, person believed to be
a child or person with mental illness with material that is harmful to minors
or requesting the child, person believed to be a child or person with mental
illness to provide the person with material that is harmful to minors, is
guilty of a category B felony and shall be punished by imprisonment in the
state prison for a minimum term of not less than 1 year and a maximum term of
not more than 6 years and may be further punished by a fine of not more than
$10,000; or
(c) If paragraph (a) or (b) does not apply, is
guilty of a gross misdemeanor.
6. As used in this section:
(a) “Computer” has the meaning ascribed to it in NRS 205.4735.
(b) “Harmful to minors” has the meaning ascribed
to it in NRS 201.257.
(c) “Material” means anything that is capable of
being used or adapted to arouse interest, whether through the medium of
reading, observation, sound or in any other manner.
(d) “Network” has the meaning ascribed to it in NRS 205.4745.
(e) “Person with mental illness” means a person
who has any mental dysfunction leading to impaired ability to maintain himself
or herself and to function effectively in his or her life situation without
external support.
(f) “Sexual conduct” has the meaning ascribed to
it in NRS 201.520.
(g) “System” has the meaning ascribed to it in NRS 205.476.
(Added to NRS by 2001, 2786; A 2003, 431, 1376; 2007, 183; 2013, 1155)
CRIMINAL GANG RECRUITMENT
NRS 201.570 Definition; penalty.
1. An adult commits the crime of criminal
gang recruitment if the adult uses or threatens to use physical violence
against a child or against another person, or causes or threatens to cause
damage to the property of the child or the property of another person, with the
specific intent to coerce, induce or solicit the child:
(a) To become a member of a criminal gang;
(b) To remain a member of a criminal gang and not
withdraw or disassociate from the criminal gang; or
(c) To rejoin a criminal gang of which the child
is no longer a member or from which the child has withdrawn or disassociated.
2. An adult who commits the crime of
criminal gang recruitment is guilty of a category E felony and shall be
punished as provided in NRS 193.130.
3. As used in this section:
(a) “Adult” means a person who is 18 years of age
or older.
(b) “Child” means a person who is less than 18
years of age.
(c) “Criminal gang” has the meaning ascribed to
it in NRS 193.168.
(Added to NRS by 2009, 417)
