USA Statutes : nevada
Title : Title 15 - CRIMES AND PUNISHMENTS
Chapter : CHAPTER 201 - CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS
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 )
1. Except as otherwise provided in subsection 2, a person who
knowingly fails to provide for the support of his:
(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 because of his infirmity, incompetency or
other legal disability that was contracted before he 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) His 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 his 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 )
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
)
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 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 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 his 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 )
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 201.015 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]
CONTRIBUTORY DELINQUENCY AND NEGLECT OF CHILDREN
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 parents, and who has no other means of obtaining such
necessities.
4. Whose home is an unfit place for him, by reason of neglect,
cruelty or depravity of either of his parents, or of his guardians or
other person in whose custody or care he 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 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 )
When the charge against
any person under NRS 201.090 to 201.110
, inclusive, 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)
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 to 201.110 ,
inclusive, 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 he 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
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)
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]
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 his testimony would tend to
incriminate him, but such testimony shall not be used against him in any
criminal prosecution except for perjury in giving such testimony.
[1911 C&P § 184; RL § 6449; NCL § 10131]
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, SEXUAL ACTS IN PUBLIC AND CRIME AGAINST NATURE INVOLVING
MINOR
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)
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)
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 )
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)
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.
(Added to NRS by 1979, 662; A 1989, 1511; 1991, 1007; 1993, 515;
1995, 1198; 1997, 1721, 2500, 3187; 1999, 470 , 472 ; 2005, 2877 )
INTENTIONAL TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS
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
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)
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.
[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)
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 )
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
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)
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)
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)
1. The district attorney or city attorney of any county or city,
respectively, in which there is an item or material which he 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)
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)
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 him 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)
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)
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 possession with intent to sell, rent, transport or
commercially distribute any obscene item or material.
(Added to NRS by 1979, 364; A 1995, 951)
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)
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)
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 is projecting or part of the stage show for which he is employed as a
stagehand; and
2. The operator or stagehand has no financial interest, except
wages, and no managerial responsibility in his place of employment.
(Added to NRS by 1969, 352)
OBSCENE, THREATENING OR ANNOYING TELEPHONE CALLS
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 his 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
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)
“Distribute” means to transfer
possession with or without consideration.
(Added to NRS by 1997, 2662)
“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)
“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)
“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)
“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)
“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 )
“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)
“Sexual conduct” means acts
of masturbation, homosexuality, sexual intercourse or physical contact
with a person’s unclothed genitals or pubic area.
(Added to NRS by 1969, 513)
“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)
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 parent,
guardian or spouse.
4. Misrepresents that he 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 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 )
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 employment or contractual relationship.
(Added to NRS by 1997, 2662)
CRIMES AGAINST RELIGION
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]
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
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
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. “Prostitute” means a male or female person who for a fee
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.
4. “Prostitution” means engaging in sexual conduct for a fee.
5. “Sexual conduct” means any of the acts enumerated in subsection
3.
(Added to NRS by 1979, 302; A 1987, 2028; 1997, 295)
1. A person who:
(a) Induces, persuades, encourages, inveigles, entices or compels a
person to become a prostitute or to continue to engage in prostitution;
(b) By threats, violence or by any device or scheme, causes,
induces, persuades, encourages, takes, places, harbors, inveigles or
entices a person to become an inmate of a house of prostitution or
assignation place, or any place where prostitution is practiced,
encouraged or allowed;
(c) By threats, violence, or by any device or scheme, by fraud or
artifice, or by duress of person or goods, or by abuse of any position of
confidence or authority, or having legal charge, takes, places, harbors,
inveigles, entices, persuades, encourages or procures a person to enter
any place within this state in which prostitution is practiced,
encouraged or allowed, for the purpose of prostitution;
(d) By promises, threats, violence, or by any device or scheme, by
fraud or artifice, by duress of person or goods, or abuse of any position
of confidence or authority or having legal charge, takes, places,
harbors, inveigles, entices, persuades, encourages or procures a person
of previous chaste character to enter any place within this state in
which prostitution is practiced, encouraged or allowed, for the purpose
of sexual intercourse;
(e) Takes or detains a person with the intent to compel the person
by force, threats, menace or duress to marry him or any other person; or
(f) Receives, gives or agrees to receive or give any money or thing
of value for procuring or attempting to procure a person to become a
prostitute or to come into this state or leave this state for the purpose
of prostitution,
Ê is guilty of pandering.
2. A person who is found guilty of pandering:
(a) An adult:
(1) If physical force or the immediate threat of physical
force is used upon the adult, is guilty of a category C felony and shall
be punished as provided in NRS 193.130 .
(2) If no physical force or immediate threat of physical
force is used upon the adult, is guilty of a category D felony and shall
be punished as provided in NRS 193.130 .
(b) A child:
(1) If physical force or the immediate threat of physical
force is used upon the child, 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 and may be
further punished by a fine of not more than $20,000.
(2) If no physical force or immediate threat of physical
force is used upon the child, 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.
3. This section does not apply to the customer of a prostitute.
[1:233:1913; 1919 RL p. 3379; NCL § 10537]—(NRS A 1959, 7; 1967,
477; 1977, 1054; 1979, 1430; 1995, 1201; 1997, 295)
1. A person who by force, fraud, intimidation or threats, places,
or procures any other person to place, his spouse in a house of
prostitution or compels his spouse to lead a life of prostitution is
guilty of pandering and shall be punished:
(a) Where physical force or the immediate threat of physical force
is used upon the spouse, 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 .
2. Upon the trial of any offense mentioned in this section, either
spouse is a competent witness for or against the other spouse, with or
without the other’s consent, and may be compelled so to testify.
[2:233:1913; 1919 RL p. 3380; NCL § 10538]—(NRS A 1967, 478; 1979,
302, 1431; 1995, 1202)
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)
1. A person who attempts to detain another person in a disorderly
house or house of prostitution because of any debt or debts the other
person has contracted or is said to have contracted while living in the
house is guilty of pandering.
2. A person who is found guilty of pandering:
(a) An adult:
(1) If physical force or the immediate threat of physical
force is used upon the adult, is guilty of a category C felony and shall
be punished as provided in NRS 193.130 .
(2) If no physical force or immediate threat of physical
force is used upon the adult, is guilty of a category D felony and shall
be punished as provided in NRS 193.130 .
(b) A child:
(1) If physical force or the immediate threat of physical
force is used upon the child, 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 and may be
further punished by a fine of not more than $20,000.
(2) If no physical force or immediate threat of physical
force is used upon the child, 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.
[4:233:1913; 1919 RL p. 3380; NCL § 10540]—(NRS A 1967, 479; 1979,
303, 1431; 1995, 1202; 1997, 296)
1. A person who knowingly transports or causes to be transported,
by any means of conveyance, into, through or across this state, or who
aids or assists in obtaining such transportation for a person with the
intent to induce, persuade, encourage, inveigle, entice or compel that
person to become a prostitute or to continue to engage in prostitution is
guilty of pandering.
2. A person who is found guilty of pandering:
(a) An adult:
(1) If physical force or the immediate threat of physical
force is used upon the adult, is guilty of a category C felony and shall
be punished as provided in NRS 193.130 .
(2) If no physical force or immediate threat of physical
force is used upon the adult, is guilty of a category D felony and shall
be punished as provided in NRS 193.130 .
(b) A child:
(1) If physical force or the immediate threat of physical
force is used upon the child, 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 and may be
further punished by a fine of not more than $20,000.
(2) If no physical force or immediate threat of physical
force is used upon the child, 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.
3. A person who violates subsection 1 may be prosecuted, indicted,
tried and convicted in any county or city in or through which he
transports or attempts to transport the person.
[5:233:1913; 1919 RL p. 3380; NCL § 10541]—(NRS A 1967, 479; 1977,
1055; 1979, 1432; 1995, 1202; 1997, 297)
It shall not be a defense to a prosecution for any of the acts
prohibited in NRS 201.300 to 201.340
, inclusive, 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]
1. It is unlawful for any person to engage in prostitution or
solicitation therefor, except in a licensed house of prostitution.
2. Any person who violates subsection 1 is guilty of a misdemeanor.
(Added to NRS by 1987, 2027; A 1991, 462)
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 , he 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 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 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 of the results and the agency
has received those results, the agency shall deliver the results to him,
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 his 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 his 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 has received the results, the clerk shall inform the court and rescind
the order for his reappearance for that determination.
4. The court shall, upon the person’s reappearance ordered
pursuant to subsection 3, ask him whether he has received the results of
the test. If the person answers that he has received them, the court
shall note his answer in the court records. If the person answers that he
has not received them, the court shall have the results delivered to him
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 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)
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)
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 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)
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)
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)
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)
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]
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)
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)
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 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
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
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
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)
“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)
“Private school” has the
meaning ascribed to it in NRS 394.103 .
(Added to NRS by 1997, 2522)
“Public school” has the
meaning ascribed to it in NRS 385.007 .
(Added to NRS by 1997, 2522)
“Sado-masochistic
abuse” has the meaning ascribed to it in NRS 201.262 .
(Added to NRS by 1997, 2522)
“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)
“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)
1. Except as otherwise provided in subsection 4, a person who:
(a) Is 21 years of age or older;
(b) Is employed in a position of authority by a public school or
private school or 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 who is enrolled in or attending the public school or private
school at which the person is employed or volunteering,
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 employed in a position of authority by a public school or
private school or 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 who is enrolled in or attending the public school or private
school at which the person is employed or volunteering,
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 employed in a position of authority by a public school or
private school or deemed to be volunteering in a position of authority at
a public or private school if the person is 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 )
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 MENTALLY ILL PERSONS
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 .
(Added to NRS by 2001, 2786 ; A 2003, 431 , 1376 )
