Nrs: Chapter 201 - Crimes Against Public Decency And Good Morals

Link to law: https://www.leg.state.nv.us/NRS/NRS-201.html
Published: 2015

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[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[Repealed.]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)