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Nevada Definitions
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Definitions
179D.210. "Crime againt a child" defined."Crime against a child" means any of the following offenses if the victim of the offense was less than 18 years of age when the offense was committed:
1. Kidnaping pursuant to NRS 200.310 to 200.340, inclusive, unless the offender is the parent of the victim.
2. False imprisonment pursuant to NRS 200.460, unless the offender is the parent of the victim.
3. An offense involving pandering or prostitution pursuant to NRS 201.300 to 201.340, inclusive.
4. An attempt to commit an offense listed in this section.
5. An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section. This subsection includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.
6. An offense against a child committed in another jurisdiction, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as an offender who has committed a crime against a child because of the offense. This subsection includes, but is not limited to, an offense prosecuted in:
(a) A tribal court.
(b) A court of the United States or the Armed Forces of the United States.
(c) A court having jurisdiction over juveniles.
200.366. Sexual assault: Definition; penalties.
1. A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his conduct, is guilty of sexual assault.
2. Except as otherwise provided in subsections 3 and 4, a person who commits a sexual assault is guilty of a category A felony and shall be punished:
(a) If substantial bodily harm to the victim results from the actions of the defendant committed in connection with or as a part of the sexual assault, by imprisonment in the state prison:
(1) For life without the possibility of parole; or
(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served.
(b) If no substantial bodily harm to the victim results, 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.
3. Except as otherwise provided in subsection 4, a person who commits a sexual assault against a child under the age of 16 years is guilty of a category A felony and shall be punished:
(a) If the crime results in substantial bodily harm to the child, by imprisonment in the state prison for life without the possibility of parole.
(b) Except as otherwise provided in paragraph (c), if the crime does not result in substantial bodily harm to the child, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served.
(c) If the crime is committed against a child under the age of 14 years and does not result in substantial bodily harm to the child, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served.
4. A person who commits a sexual assault against a child under the age of 16 years and who has been previously convicted of:
(a) A sexual assault 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 a sexual assault pursuant to this section or any other sexual offense against a child,
is guilty of a category A felony and shall be punished by imprisonment in the state prison for life without the possibility of parole.
5. For the purpose of this section, "other sexual offense against a child" means any act committed by an adult upon a child constituting:
(a) Incest pursuant to NRS 201.180;
(b) Lewdness with a child pursuant to NRS 201.230;
(c) Sado-masochistic abuse pursuant to NRS 201.262; or
(d) Luring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony.
200.368. Statutory sexual seduction: Penalties.
Except under circumstances where a greater penalty is provided in NRS 201.540, a person who commits statutory sexual seduction shall be punished:
1. If he is 21 years of age or older, for a category C felony as provided in NRS 193.130.
2. If he is under the age of 21 years, for a gross misdemeanor.
200.400. Definition; penalty.
1. As used in this section, "battery" means any willful and unlawful use of force or violence upon the person of another
200.405. Administration of drug to aid commission of felony: Penalty.
Unless a greater penalty is provided in NRS 200.408, a person who administers to another person any chloroform, ether, laudanum, or any controlled substance, anesthetic, or intoxicating or emetic agent, with the intent thereby to enable or assist himself or any other person to commit a felony, 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
200.408. Administration of controlled substance to aid commission of crime of violence: Penalty; definitions.
1. A person who causes to be administered to another person any controlled substance without that person's knowledge and with the intent thereby to enable or assist himself or any other person to commit a crime of violence against that person or the property of that 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 1 year and a maximum term of not more than 20 years.
2. As used in this section:
(a) "Controlled substance" includes flunitrazepam and gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor as defined in NRS 453.086.
(b) "Crime of violence" means:
(1) Any offense involving the use or threatened use of force or violence against the person or property of another; or
(2) Any felony for which there is a substantial risk that force or violence may be used against the person or property of another in the commission of the felony.
(c) "Without a person's knowledge" means the person is unaware that a substance that can alter his ability to appraise conduct or to decline participation in or communicate an unwillingness to participate in conduct has been administered to him.
200.508. Abuse, neglect or endangerment of child: Penalties; definitions.
1. A person who willfully causes a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect:
(a) If substantial bodily or mental harm results to the child:
(1) If the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation, 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; or
(2) In all other such cases to which subparagraph (1) does not apply, 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 20 years; or
(b) If substantial bodily or mental harm does not result to the child:
(1) If the person has not previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar 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 6 years; or
(2) If the person has previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar 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,
unless a more severe penalty is prescribed by law for an act or omission that brings about the abuse or neglect.
2. A person who is responsible for the safety or welfare of a child and who permits or allows that child to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect:
(a) If substantial bodily or mental harm results to the child:
(1) If the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation, 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; or
(2) In all other such cases to which subparagraph (1) does not apply, 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 20 years; or
(b) If substantial bodily or mental harm does not result to the child:
(1) If the person has not previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a gross misdemeanor; or
(2) If the person has previously been convicted of a violation of this section or of a violation of the law of any other jurisdiction that prohibits the same or similar conduct, is guilty of a category C felony and shall be punished as provided in NRS 193.130,
unless a more severe penalty is prescribed by law for an act or omission that brings about the abuse or neglect.
3. A person does not commit a violation of subsection 1 or 2 by virtue of the sole fact that he delivers or allows the delivery of a child to a provider of emergency services pursuant to NRS 432B.630.
4. As used in this section:
(a) "Abuse or neglect" means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child under the age of 18 years, as set forth in paragraph (d) and NRS 432B.070; , 432B.100; , 432B.110; , 432B.140; and 432B.150, under circumstances which indicate that the child's health or welfare is harmed or threatened with harm.
(b) "Allow" means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that the child is abused or neglected.
(c) "Permit" means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.
(d) "Physical injury" means:
(1) Permanent or temporary disfigurement; or
(2) Impairment of any bodily function or organ of the body.
(e) "Substantial mental harm" means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of the ability of the child to function within his normal range of performance or behavior.
200.710. Unlawful to use minor in producing pornography or as subject of sexual portrayal in performance.
1. A person who knowingly uses, encourages, entices or permits a minor to simulate or engage in or assist others to simulate or engage in sexual conduct to produce a performance is guilty of a category A felony and shall be punished as provided in NRS 200.750.
2. A person who knowingly uses, encourages, entices, coerces or permits a minor to be the subject of a sexual portrayal in a performance is guilty of a category A felony and shall be punished as provided in NRS 200.750, regardless of whether the minor is aware that the sexual portrayal is part of a performance.
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.
201.195. Solicitation of minor to engage in acts constituting crime against nature; penalties.
1. A person who incites, entices or solicits a minor to engage in acts which constitute the infamous crime against nature:
(a) If the minor actually engaged in such acts as a result and:
(1) The minor was less than 14 years of age, 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.
(2) The minor was 14 years of age or older, 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.
(b) If the minor did not engage in such acts:
(1) For the first offense, is guilty of a gross misdemeanor.
(2) For any subsequent offense, 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.
2. As used in this section, the "infamous crime against nature" means anal intercourse, cunnilingus or fellatio between natural persons of the same sex. Any sexual penetration, however slight, is sufficient to complete the infamous crime against nature.
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.
201.220. Indecent or obscene exposure; penalty.
1. A person who makes any open and indecent or obscene exposure of his 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.
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,
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.
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.
201.560. Definitions; exception; penalties.
1. Except as otherwise provided in subsection 3, a person shall not knowingly contact or communicate with or attempt to contact or communicate with 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 his home or from any location known to his parent or guardian or other person legally responsible for the child to a place other than where the child is located, for any purpose:
(a) Without the express consent of the parent or guardian or other person legally responsible for the child; and
(b) With the intent to avoid the consent of the parent or guardian or other person legally responsible for the child.
2. Except as otherwise provided in subsection 3, a person shall not knowingly contact or communicate with a mentally ill person with the intent to persuade, lure or transport the mentally ill person away from his home or from any location known to any person legally responsible for the mentally ill person to a place other than where the mentally ill person is located:
(a) For any purpose that a reasonable person under the circumstances would know would endanger the health, safety or welfare of the mentally ill person;
(b) Without the express consent of the person legally responsible for the mentally ill person; and
(c) With the intent to avoid the consent of the person legally responsible for the mentally ill person.
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 or mentally ill person.
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 or mentally ill person or to cause the child or mentally ill person 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 or mentally ill person with material that is harmful to minors or requesting the child or mentally ill person 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 or mentally ill person or to cause the child or mentally ill person 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 or mentally ill person with material that is harmful to minors or requesting the child or mentally ill person 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) "Mentally ill person" means a person who has any mental dysfunction leading to impaired ability to maintain himself and to function effectively in his life situation without external support.
(e) "Network" has the meaning ascribed to it in NRS 205.4745.
(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.
175.547. Notice of intent to request hearing; time of hearing; evidence; court to enter finding; "sexually motivated" defined.
1. In any case in which a defendant pleads or is found guilty of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home, the court shall, at the request of the prosecuting attorney, conduct a separate hearing to determine whether the offense was sexually motivated. A request for such a hearing may not be submitted to the court unless the prosecuting attorney, before the commencement of the trial, files and serves upon the defendant a written notice of his intention to request such a hearing.
2. A hearing requested pursuant to subsection 1 must be conducted before:
(a) The court imposes its sentence; or
(b) A separate penalty hearing is conducted.
3. At the hearing, only evidence concerning the question of whether the offense was sexually motivated may be presented. The prosecuting attorney must prove beyond a reasonable doubt that the offense was sexually motivated.
4. The court shall enter its finding in the record.
5. For the purposes of this section, an offense is "sexually motivated" if one of the purposes for which the person committed the offense was his sexual gratification.
62F.250. Hearing to determine whether to deem child adult sex offender; termination of registry and community notification.
Except as otherwise provided in NRS 62F.200 to 62F.260, inclusive:
1. If a child who has been adjudicated delinquent for a sexual offense or a sexually motivated act is not relieved of being subject to community notification as a juvenile sex offender before the child reaches 21 years of age, the juvenile court shall hold a hearing when the child reaches 21 years of age to determine whether the child should be deemed an adult sex offender for the purposes of registration and community notification pursuant to NRS 179D.350 to 179D.800, inclusive.
2. If the juvenile court determines at the hearing that the child has been rehabilitated to the satisfaction of the juvenile court and that the child is not likely to pose a threat to the safety of others, the juvenile court shall relieve the child of being subject to registration and community notification.
3. If the juvenile court determines at the hearing that the child has not been rehabilitated to the satisfaction of the juvenile court or that the child is likely to pose a threat to the safety of others, the juvenile court shall deem the child to be an adult sex offender for the purposes of registration and community notification pursuant to NRS 179D.350 to 179D.800, inclusive.
4. In determining at the hearing whether the child has been rehabilitated to the satisfaction of the juvenile court and whether the child is not likely to pose a threat to the safety of others, the juvenile court shall consider the following factors:
(a) The number, date, nature and gravity of the act or acts committed by the child, including:
(1) Whether the act or acts were characterized by repetitive and compulsive behavior; and
(2) Whether the act or acts involved the use of a weapon, violence or infliction of serious bodily injury.
(b) The extent to which the child has received counseling, therapy or treatment, and the response of the child to any such counseling, therapy or treatment.
(c) Whether psychological or psychiatric profiles indicate a risk of recidivism.
(d) The behavior of the child while subject to the jurisdiction of the juvenile court, including the behavior of the child during any period of confinement.
(e) Whether the child has made any recent threats against a person or expressed any intent to commit any crimes in the future.
(f) Any physical conditions that minimize the risk of recidivism, including physical disability or illness.
(g) Any other factor that the juvenile court finds relevant to the determination of whether the child has been rehabilitated to the satisfaction of the juvenile court and whether the child is not likely to pose a threat to the safety of others.
5. If a child is deemed to be an adult sex offender pursuant to this section, the juvenile court shall notify the Central Repository so the Central Repository may carry out the provisions for registration of the child as an adult sex offender pursuant to NRS 179D.450.
