2005 Nevada Revised Statutes - Chapter 201 — Crimes Against Public Decency and Good Morals
CHAPTER 201 - CRIMES AGAINST PUBLIC DECENCYAND GOOD MORALS
NONSUPPORT OF SPOUSE, FORMER SPOUSE OR CHILD
NRS 201.015 Minorchild defined.
NRS 201.020 Penalties;jurisdiction.
NRS 201.030 Institutionof proceedings: Verified complaint.
NRS 201.051 Affirmativedefense: Notice of intent to claim; notice of rebuttal witnesses; notice ofprovisions of section.
NRS 201.070 Evidence;husband and wife competent witnesses.
NRS 201.080 Uniformityof interpretation.
CONTRIBUTORY DELINQUENCY AND NEGLECT OF CHILDREN
NRS 201.090 Neglectedchild, delinquent child and child in need of supervision defined.
NRS 201.100 Howoffense may be termed.
NRS 201.110 Definition;penalties; exception.
ABORTIONS; CONCEALING BIRTH
NRS 201.120 Abortion:Definition; penalty.
NRS 201.130 Sellingdrugs to produce miscarriage; penalty.
NRS 201.140 Evidence.
NRS 201.150 Concealingbirth; penalty.
BIGAMY, INCEST, SEXUAL ACTS IN PUBLIC AND CRIME AGAINST NATUREINVOLVING MINOR
NRS 201.160 Bigamy:Definition; penalty.
NRS 201.170 Marryingperson already married; penalty.
NRS 201.180 Incest:Definition; penalty.
NRS 201.190 Commissionof certain sexual acts in public: Definition; penalty.
NRS 201.195 Solicitationof minor to engage in acts constituting crime against nature; penalties.
INTENTIONAL TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS
NRS 201.205 Penalty;affirmative defense.
LEWDNESS AND INDECENT EXPOSURE
NRS 201.210 Openor gross lewdness; penalty.
NRS 201.220 Indecentor obscene exposure; penalty.
NRS 201.230 Lewdnesswith child under 14 years; penalties.
NRS 201.232 Breastfeeding: Legislative intent; authorized in any public or private location wheremother is authorized to be.
OBSCENITY
NRS 201.235 Definitions.
NRS 201.237 Exemptions.
NRS 201.239 Powerof county, city or town to regulate obscenity.
NRS 201.241 Actionto declare item or material obscene and obtain injunction.
NRS 201.243 Evidenceprobative of obscenity of material or item.
NRS 201.245 Surrender,seizure and destruction of obscene item or material; undertaking not requiredfor injunction; defendant chargeable with knowledge of contents after serviceof summons and complaint.
NRS 201.247 Paymentto city or county of value received from sale of obscene materials afterjudgment or injunction.
NRS 201.249 Production,sale, distribution, exhibition and possession of obscene items or materials;penalty.
NRS 201.251 Coercingacceptance of obscene articles or publications; penalty.
NRS 201.253 Obscene,indecent or immoral shows, acts or performances; penalty.
NRS 201.254 Exemptionof stagehands and movie projectionists from criminal liability when possessingor exhibiting obscene material directly related to their work.
OBSCENE, THREATENING OR ANNOYING TELEPHONE CALLS
NRS 201.255 Penalties.
EXHIBITION AND SALE OF OBSCENE MATERIAL TO MINORS
NRS 201.256 Definitions.
NRS 201.2565 Distributedefined.
NRS 201.257 Harmfulto minors defined.
NRS 201.2581 Materialdefined.
NRS 201.259 Minordefined.
NRS 201.2595 Motionpicture defined.
NRS 201.261 Nuditydefined.
NRS 201.262 Sado-masochisticabuse defined.
NRS 201.263 Sexualconduct defined.
NRS 201.264 Sexualexcitement defined.
NRS 201.265 Unlawfulacts; penalty.
NRS 201.2655 Exemptions.
CRIMES AGAINST RELIGION
NRS 201.270 Disturbingreligious meetings; penalty.
NRS 201.280 Sellingliquor at camp meetings; penalty.
DESECRATION OF FLAGS
NRS 201.290 Penalty;exception.
PANDERING, PROSTITUTION AND DISORDERLY HOUSES
NRS 201.295 Definitions.
NRS 201.300 Pandering:Definition; penalties; exception.
NRS 201.310 Pandering:Placing spouse in brothel; penalties.
NRS 201.320 Livingfrom earnings of prostitute; penalty.
NRS 201.330 Pandering:Detaining person in brothel because of debt; penalties.
NRS 201.340 Pandering:Furnishing transportation; penalties.
NRS 201.350 Venuefor trial of offenses constituting pandering.
NRS 201.354 Engagingin prostitution or solicitation for prostitution: Penalty; exception.
NRS 201.356 Testfor exposure to human immunodeficiency virus required; payment of costs;notification of results of test.
NRS 201.358 Engagingin prostitution or solicitation for prostitution after testing positive forexposure to human immunodeficiency virus: Penalty; definition.
NRS 201.360 Placingperson in house of prostitution; penalties.
NRS 201.380 Restrictionon location of houses of ill fame; penalty.
NRS 201.390 Propertyon principal business streets not to be rented for purposes of prostitution;penalty.
NRS 201.400 Generalreputation competent evidence.
NRS 201.410 Dutiesof sheriff and district attorney; failure to act; penalty.
NRS 201.420 Keepingdisorderly house; penalty.
NRS 201.430 Unlawfuladvertising of prostitution; penalties.
NRS 201.440 Unlawfulto permit illegal advertising of houses of prostitution; penalties.
SEXUAL PENETRATION OF DEAD HUMAN BODY
NRS 201.450 Unlawfulact; penalty.
SALE OF HUMAN ORGAN FOR TRANSPLANTATION
NRS 201.460 Sale,acquisition, receipt or transfer for consideration of human organ fortransplantation prohibited; penalty.
NRS 201.470 Definitions.
NRS 201.480 Collegedefined.
NRS 201.490 Privateschool defined.
NRS 201.500 Publicschool defined.
NRS 201.510 Sado-masochisticabuse defined.
NRS 201.520 Sexualconduct defined.
NRS 201.530 Universitydefined.
NRS 201.540 Sexualconduct between certain employees of school or volunteers at school and pupil:Penalty; exception.
NRS 201.550 Sexualconduct between certain employees of college or university and student:Penalty; exception.
NRS 201.560 Definitions;exceptions; penalties.
_________
NONSUPPORT OF SPOUSE, FORMER SPOUSE OR CHILD
NRS
(Added to NRS by 1965, 1440; A 1987, 1282;
NRS
1. Except as otherwise provided in subsection 2, aperson 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 unableto provide support for himself because of his infirmity, incompetency or otherlegal disability that was contracted before he reached the age of majority,
as orderedby a court, is guilty of a misdemeanor.
2. A person who violates the provisions of subsection1 is guilty of a category C felony and shall be punished as provided in
(a) His arrearages for nonpayment of the child supportor spousal support ordered by a court total $10,000 or more and have accruedover any period since the date that a court first ordered the defendant toprovide for such support; or
(b) It is a second or subsequent violation ofsubsection 1 or an offense committed in another jurisdiction that, if committedin this State, would be a violation of subsection 1, and his arrearages fornonpayment 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 courtfirst ordered the defendant to provide for such support.
3. A prosecution for a violation of subsection 1 maybe brought in a court of competent jurisdiction in any county in which:
(a) A court has issued a valid order for the defendantto pay child support or spousal support;
(b) The defendant resides;
(c) The custodial parent or custodian of the child forwhom the defendant owes child support resides;
(d) The spouse or former spouse to whom the defendantowes spousal support resides; or
(e) The child for whom the defendant owes child supportresides.
[1:170:1923; NCL 10516](NRS A 1965, 1440; 1967,474; 1969, 271; 1979, 1284; 1983, 1878; 1995, 1196;
NRS
[2:170:1923; NCL 10517](NRS A 1969, 589; 1985, 64;1999, 3570)
NRS
1. Except as otherwise provided in this section, in aprosecution for a violation of NRS 201.020,the defendant may claim as an affirmative defense that he was unable to providethe child support or spousal support ordered by a court.
2. In addition to the written notice required by
(a) The specific affirmative defense that the defendantis asserting; and
(b) The name and last known address of each witness bywhom the defendant proposes to establish the affirmative defense.
3. Not later than 10 days after receiving the writtennotice 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 writtennotice that includes the name and last known address of each witness theprosecuting attorney proposes to offer in rebuttal at trial to discredit theaffirmative defense claimed by the defendant.
4. Each party has a continuing duty to file and serveupon the opposing party any change in the last known address of any witnessthat the party proposes to offer to establish or discredit the affirmativedefense described in subsection 1.
5. Each party has a continuing duty to disclosepromptly the names and last known addresses of any additional witnesses whichcome to the attention of that party and which that party proposes to offer toestablish or discredit the affirmative defense described in subsection 1.
6. If the defendant or prosecuting attorney fails tocomply with the requirements set forth in this section, in addition to anysanctions or protective orders otherwise provided in
7. A prosecuting attorney shall provide notice of therequirements of this section to a defendant when a complaint is served upon thedefendant for a violation of NRS 201.020.
8. For the purposes of this section, a defendant isnot unable to provide the child support or spousal support ordered by a courtif, during the period that the defendant was obligated to provide and failed toprovide child support or spousal support, the defendant was:
(a) Voluntarily unemployed or underemployed withoutgood cause or to avoid payment of child support or spousal support, including,without limitation, not using reasonable diligence to secure sufficientemployment; or
(b) Unable to pay the child support or spousal supportordered by a court because of his excessive spending, indebtedness or otherlegal obligation, unless the spending, indebtedness or other legal obligationwas not within the control of the defendant.
(Added to NRS by
NRS
1. No other or greater evidence is required to provethe marriage of the husband and wife, or that the defendant is the father ormother of the child or children, than is required to prove such facts in acivil action.
2. In no prosecution under
3. Proof of the failure of the defendant to providefor the support of the spouse, child or children, is prima facie evidence thatsuch failure was knowing.
[6:170:1923; NCL 10521](NRS A 1985, 64;
NRS
[7:170:1923; NCL 10522]
CONTRIBUTORY DELINQUENCY AND NEGLECT OF CHILDREN
NRS
1. Who is found begging, receiving or gathering alms,or who is found in any street, road or public place for the purpose of sodoing, whether actually begging or doing so under the pretext of selling oroffering for sale any article, or of singing or playing on any musicalinstrument, or of giving any public entertainment or accompanying or being usedin aid of any person so doing.
2. Who has no parent or guardian, who has no parent orguardian willing to exercise or capable of exercising proper parental control,or who has no parent or guardian actually exercising such proper parentalcontrol, and who is in need of such control.
3. Who is destitute, or who is not provided with thenecessities of life by his parents, and who has no other means of obtainingsuch necessities.
4. Whose home is an unfit place for him, by reason ofneglect, cruelty or depravity of either of his parents, or of his guardians orother person in whose custody or care he is.
5. Who is found living in any house of ill fame, orwith any disreputable person.
6. Who is found wandering and either has no home, nosettled place of abode, no visible means of subsistence or no properguardianship.
7. Who frequents the company of criminals, vagrants orprostitutes, or persons so reputed, or who is in any house of prostitution orassignation.
8. Who unlawfully visits a saloon where anyspirituous, vinous or malt liquors are sold, bartered, exchanged or given away.
9. Who habitually uses intoxicating liquors or whouses opium, cocaine, morphine, or other similar drug without the direction of acompetent physician.
10. Who persistently or habitually refuses to obey thereasonable and proper orders or directions of his parents, guardian orcustodian, 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 ofleading, an idle, dissolute, lewd or immoral life.
13. Who writes or uses vile, obscene, profane orindecent language, or is guilty of indecent, immoral or lascivious conduct.
14. Who violates any law of this State or anyordinance of any town, city or county of this State defining crime.
Any childwho is a runaway, unmanageable or a habitual truant is a child in need ofsupervision as that term is used in title 5 of NRS, and is not a delinquentchild.
[Part 1:165:1909; A 1911, 382; 1921, 21; 1955,152](NRS A 1973, 1350;
NRS
[Part 1:165:1909; A 1911, 382; 1921, 21; 1955,152](NRS A 1973, 1351)
NRS
1. Except as otherwise provided in this section, anyperson who commits any act or omits the performance of any duty, which act oromission causes or tends to cause or encourage any person under the age of 18 tobecome a neglected child, child in need of supervision or delinquentchild, as defined in NRS 201.090 to
2. A person does not commit a violation of subsection1 by virtue of the sole fact that he delivers or induces the delivery of achild to a provider of emergency services pursuant to
[Part 1:165:1909; A 1911, 382; 1921, 21; 1955,152](NRS A 1967, 474; 1973, 1351;
ABORTIONS; CONCEALING BIRTH
NRS
1. Prescribes, supplies or administers to a woman,whether pregnant or not, or advises or causes her to take any medicine, drug orsubstance; or
2. Uses or causes to be used, any instrument or othermeans,
to terminatea pregnancy, unless done pursuant to the provisions of
[1911 C&P 182, RL 6447; NCL 10129](NRS A1967, 475; 1973, 1639; 1979, 1428; 1995, 1197)
NRS
[1911 C&P 183; RL 6448; NCL 10130]
NRS
[1911 C&P 184; RL 6449; NCL 10131]
NRS
[1911 C&P 185; RL 6450; NCL 10132]
BIGAMY, INCEST, SEXUAL ACTS IN PUBLIC AND CRIME AGAINSTNATURE INVOLVING MINOR
NRS
1. Bigamy consists in the having of two wives or twohusbands at one time, knowing that the former husband or wife is still alive.
2. If a married person marries any other person whilethe former husband or wife is alive, the person so offending is guilty of acategory D felony and shall be punished as provided in
3. It is not necessary to prove either of themarriages by the register and certificate thereof, or other record evidence,but those marriages may be proved by such evidence as is admissible to prove amarriage in other cases, and when the second marriage has taken place withoutthis State, cohabitation in this State after the second marriage constitutesthe commission of the crime of bigamy.
4. This section does not extend:
(a) To a person whose husband or wife has beencontinually absent from that person for the space of 5 years before the secondmarriage, if he or she did not know the husband or wife to be living withinthat time.
(b) To a person who is, at the time of the secondmarriage, divorced by lawful authority from the bonds of the former marriage,or to a person where the former marriage has been by lawful authority declaredvoid.
[1911 C&P 191; RL 6456; NCL 10138](NRS A1967, 475; 1979, 1428; 1995, 1197)
NRS
[1911 C&P 192; RL 6457; NCL 10139](NRS A1967, 475; 1979, 1429; 1995, 1198)
NRS
[1911 C&P 193; RL 6458; NCL 10140](NRS A1979, 1429; 1995, 1198;
NRS
[1911 C&P 194; A 1951, 524](NRS A 1963, 62;1967, 475; 1973, 95, 254; 1977, 866, 1632; 1993, 515; 1995, 1198)
NRS
1. A person who incites, entices or solicits aminor to engage in acts which constitute the infamous crime against nature:
(a) If the minor actually engaged in such actsas a result and:
(1) The minor was less than 14 years of age, isguilty of a category A felony and shall be punished by imprisonment in thestate prison for life with the possibility of parole, with eligibility forparole beginning when a minimum of 10 years has been served.
(2) The minor was 14 years of age or older, isguilty of a category A felony and shall be punished by imprisonment in thestate prison for life with the possibility of parole, with eligibility forparole 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 grossmisdemeanor.
(2) For any subsequent offense, is guilty of acategory A felony and shall be punished by imprisonment in the state prison forlife with the possibility of parole, with eligibility for parole beginning whena minimum of 5 years has been served.
2. As used in this section, the infamous crimeagainst nature means anal intercourse, cunnilingus or fellatio between naturalpersons of the same sex. Any sexual penetration, however slight, is sufficientto 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;
INTENTIONAL TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS
NRS
1. A person who, after testing positive in a testapproved by the State Board of Health for exposure to the humanimmunodeficiency virus and receiving actual notice of that fact, intentionally,knowingly or willfully engages in conduct in a manner that is intended orlikely to transmit the disease to another person is guilty of a category Bfelony and shall be punished by imprisonment in the state prison for a minimumterm of not less than 2 years and a maximum term of not more than 10 years, orby a fine of not more than $10,000, or by both fine and imprisonment.
2. It is an affirmative defense to an offense chargedpursuant to subsection 1 that the person who was subject to exposure to thehuman immunodeficiency virus as a result of the prohibited conduct:
(a) Knew the defendant was infected with the humanimmunodeficiency virus;
(b) Knew the conduct could result in exposure to thehuman immunodeficiency virus; and
(c) Consented to engage in the conduct with thatknowledge.
(Added to NRS by 1993, 1943; A 1995, 1199)
LEWDNESS AND INDECENT EXPOSURE
NRS
1. A person who commits any act of open orgross lewdness is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a category D felonyand shall be punished as provided in NRS193.130.
2. For the purposes of this section, the breastfeeding of a child by the mother of the child does not constitute an act ofopen or gross lewdness.
[Part 1911 C&P 195; A 1921, 112; NCL 10142](NRS A 1963, 63; 1965, 1465; 1967, 476; 1973, 95, 255, 1406; 1977, 866;1979, 1429; 1983, 206; 1991, 1008; 1995, 127, 1199, 1327; 1997, 2501, 3188)
NRS
1. A person who makes any open and indecent orobscene 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 felonyand shall be punished as provided in NRS193.130.
2. For the purposes of this section, the breastfeeding of a child by the mother of the child does not constitute an act ofopen and indecent or obscene exposure of her body.
[Part 1911 C&P 195; A 1921, 112; NCL 10142](NRS A 1965, 1465; 1967, 476; 1973, 96, 255, 1406; 1977, 867; 1979,1429; 1983, 206; 1991, 1008; 1995, 127, 1200, 1327; 1997, 2501, 3189)
NRS
1. A person who willfully and lewdly commits any lewdor 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 ageof 14 years, with the intent of arousing, appealing to, or gratifying the lustor passions or sexual desires of that person or of that child, is guilty oflewdness with a child.
2. Except as otherwise provided in subsection 3, aperson who commits lewdness with a child is guilty of a category A felony andshall be punished by imprisonment in the state prison for life with thepossibility of parole, with eligibility for parole beginning when a minimum of10 years has been served, and may be further punished by a fine of not morethan $10,000.
3. A person who commits lewdness with a child and whohas been previously convicted of:
(a) Lewdness with a child pursuant to this section orany 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 tothis section or any other sexual offense against a child,
is guilty ofa category A felony and shall be punished by imprisonment in the state prisonfor life without the possibility of parole.
4. For the purpose of this section, other sexualoffense against a child has the meaning ascribed to it in subsection 5 of
[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;
NRS
1. The Legislature finds and declares that:
(a) The medical profession in the United Statesrecommends 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 medicalprofession, statistics reveal a declining percentage of mothers who arechoosing to breast feed their babies.
(c) Many new mothers are now choosing to use formularather than to breast feed even before they leave the hospital, and only asmall percentage of all mothers are still breast feeding when their babies are6 months old.
(d) In addition to the benefit of improving bondingbetween mothers and their babies, breast feeding offers better nutrition,digestion and immunity for babies than does formula feeding, and it mayincrease the intelligence quotient of a child. Babies who are breast fed havelower rates of death, meningitis, childhood leukemia and other cancers,diabetes, respiratory illnesses, bacterial and viral infections, diarrhealdiseases, otitis media, allergies, obesity and developmental delays.
(e) Breast feeding also provides significant benefitsto the health of the mother, including protection against breast cancer andother cancers, osteoporosis and infections of the urinary tract. The incidenceof breast cancer in the United States might be reduced by 25 percent if everywoman breast fed all her children until they reached the age of 2 years.
(f) The World Health Organization and the UnitedNations Childrens Fund have established as one of their major goals for thedecade the encouragement of breast feeding.
(g) The social constraints of modern society weighagainst the choice of breast feeding and lead new mothers with demanding timeschedules to opt for formula feeding to avoid embarrassment, social ostracismor criminal prosecution.
(h) Any genuine promotion of family values shouldencourage public acceptance of this most basic act of nurture between a motherand her baby, and no mother should be made to feel incriminated or sociallyostracized for breast feeding her child.
2. Notwithstanding any other provision of law, amother may breast feed her child in any public or private location where themother is otherwise authorized to be, irrespective of whether the nipple of themothers breast is uncovered during or incidental to the breast feeding.
(Added to NRS by 1995, 126)
OBSCENITY
NRS
1. Community means the area from which a jury is orwould 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, motionpicture, figure, object, article, novelty device, recording, transcription,phonograph record or tape recording, videotape or videodisc, with or withoutmusic, or other similar items.
3. Material means anything tangible which is capableof being used or adapted to arouse interest, whether through the medium ofreading, observation, sound or in any other manner.
4. Obscene means any item, material or performancewhich:
(a) An average person applying contemporary communitystandards 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 offensiveway ultimate sexual acts, normal or perverted, actual or simulated.
(2) Depicts or describes in a patently offensiveway masturbation, excretory functions, sadism or masochism.
(3) Lewdly exhibits the genitals.
Appeal shallbe judged with reference to ordinary adults, unless it appears, from thecharacter of the material or the circumstances of its dissemination, to bedesigned for children or a clearly defined deviant group.
5. Performance means any play, motion picture, danceor other exhibition performed before an audience.
[1911 C&P 196; A 1955, 907](NRS A 1963, 1171;1965, 584; 1971, 205, 493; 1979, 364)(Substituted in revision for NRS 201.250)
NRS
(Added to NRS by 1979, 363)
NRS
(Added to NRS by 1979, 364)
NRS
1. The district attorney or city attorney of anycounty or city, respectively, in which there is an item or material which hebelieves to be obscene, may file a complaint in the district court seeking tohave the item or material declared obscene and to enjoin the possessor and theowner from selling, renting, exhibiting, reproducing, manufacturing ordistributing it and from possessing it for any purpose other than personal use.
2. In such an action, no temporary restraining ordermay be issued.
3. A trial on the merits must be held not earlier than5 days after the answer is filed nor later than 35 days after the complaint isfiled. The court shall render a decision within 2 days after the conclusion ofthe trial.
(Added to NRS by 1979, 363; A 1981, 1688)
NRS
(Added to NRS by 1979, 364)
NRS
1. If a final judgment declaring an item or materialobscene is entered against its owner or possessor, the judgment shall contain aprovision directing the owner or possessor to surrender to the sheriff of thecounty in which the action was brought the item or material declared obsceneand a direction to the sheriff to seize and destroy it.
2. In any action brought to declare an item ormaterial obscene, the district attorney or city attorney bringing the action isnot required to file an undertaking before an injunction is issued.
3. A sheriff directed to seize an obscene item ormaterial is not liable for damages sustained by reason of the injunction incases 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 whosells, distributes, or acquires possession with intent to sell or distributeany allegedly obscene item or material, after service upon him of a summons andcomplaint in an action brought to declare an item or material obscene ischargeable with knowledge of the contents of the item or material.
(Added to NRS by 1979, 363)
NRS
(Added to NRS by 1979, 364)
NRS
1. Prints, produces or reproduces any obscene item ormaterial for sale or commercial distribution.
2. Publishes, sells, rents, transports in intrastatecommerce, 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)
NRS
1. A person, firm, association or corporation shallnot, as a condition to any sale, allocation, consignment or delivery for resaleof any item or material, require that the purchaser or consignee receive forresale any other item or material which is obscene. A person, firm, associationor corporation shall not deny or threaten to deny any franchise or impose orthreaten to impose any penalty, financial or otherwise, for the failure orrefusal of any person to accept any obscene item or material or for the returnthereof.
2. A person, firm, association or corporation whoviolates any provision of this section is guilty of a misdemeanor.
(Added to NRS by 1979, 364)
NRS
(Added to NRS by 1967, 482; A 1995, 952)
NRS
1. Such exhibition or possession is a part of themotion picture he is projecting or part of the stage show for which he isemployed as a stagehand; and
2. The operator or stagehand has no financialinterest, except wages, and no managerial responsibility in his place ofemployment.
(Added to NRS by 1969, 352)
OBSCENE, THREATENING OR ANNOYING TELEPHONE CALLS
1. Any person who willfully makes a telephone call andaddresses any obscene language, representation or suggestion to or about anyperson receiving such call or addresses to such other person any threat toinflict injury to the person or property of the person addressed or any memberof his family is guilty of a misdemeanor.
2. Every person who makes a telephone call with intentto annoy another is, whether or not conversation ensues from making thetelephone call, guilty of a misdemeanor.
3. Any violation of subsections 1 and 2 is committedat the place at which the telephone call or calls were made and at the placewhere the telephone call or calls were received, and may be prosecuted ateither place.
(Added to NRS by 1967, 98; A 1971, 855)
EXHIBITION AND SALE OF OBSCENE MATERIAL TO MINORS
NRS
(Added to NRS by 1969, 513; A 1997, 1314, 2662)
NRS
(Added to NRS by 1997, 2662)
NRS
(Added to NRS by 1969, 513; A 1981, 1689)
NRS
1. A book, pamphlet, magazine, newspaper, printedadvertising 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 recordedtelephone message.
(Added to NRS by 1997, 2662)
NRS
(Added to NRS by 1969, 513)
NRS
1. Placed on a videodisc or videotape; or
2. To be shown in a theater or on television,
andincludes, without limitation, a cartoon or an animated film.
(Added to NRS by 1997, 1314; A 1997, 2663)
NRS
1. The showing of the human female breast with lessthan a fully opaque covering of any portion of the areola and nipple;
2. The showing of the human male or female genitals orpubic area with less than a fully opaque covering of any portion thereof; or
3. The depiction of the human male genitals in adiscernible turgid state whether or not covered.
(Added to NRS by 1969, 513; A
NRS
1. Flagellation or torture practiced by or upon aperson whether or not clad in undergarments, a mask or bizarre costume; or
2. The condition of being fettered, bound or otherwisephysically restrained.
(Added to NRS by 1969, 513; A 1981, 1689)
NRS
(Added to NRS by 1969, 513)
NRS
(Added to NRS by 1969, 513)
NRS
1. Distributes or causes to be distributed to a minormaterial that is harmful to minors, unless the person is the parent, guardianor spouse of the minor.
2. Exhibits for distribution to an adult in such amanner or location as to allow a minor to view or to have access to examinematerial that is harmful to minors, unless the person is the parent, guardianor spouse of the minor.
3. Sells to a minor an admission ticket or pass for orotherwise admits a minor for monetary consideration to any presentation ofmaterial that is harmful to minors, unless the minor is accompanied by hisparent, guardian or spouse.
4. Misrepresents that he is the parent, guardian orspouse of a minor for the purpose of:
(a) Distributing to the minor material that is harmfulto minors; or
(b) Obtaining admission of the minor to anypresentation of material that is harmful to minors.
5. Misrepresents his age as 18 or over for thepurpose of obtaining:
(a) Material that is harmful to minors; or
(b) Admission to any presentation of material that isharmful to minors.
6. Sells or rents motion pictures which containmaterial that is harmful to minors on the premises of a business establishmentopen to minors, unless the person creates an area within the establishment forthe placement of the motion pictures and any material that advertises the saleor rental of the motion pictures which:
(a) Prevents minors from observing the motion picturesor any material that advertises the sale or rental of the motion pictures; and
(b) Is labeled, in a prominent and conspicuouslocation, Adults Only.
(Added to NRS by 1969, 513; A 1971, 161, 495; 1981,1689; 1995, 952; 1997, 1314, 2662;
NRS
1. A university, community college, school, museum orlibrary which is operated by or which is under the direct control of this stateor a political subdivision of this state; or
2. An employee or independent contractor of aninstitution listed in subsection 1, if the employee or independent contractoris acting within the scope of his employment or contractual relationship.
(Added to NRS by 1997, 2662)
CRIMES AGAINST RELIGION
NRS
1. By noisy, rude or indecent behavior, profanediscourse, either within the place where such meeting is held, or so near it asto disturb the order and solemnity of the meeting;
2. By exhibiting shows or plays, or promoting anyracing of animals, or gaming of any description, or engaging in any boisterousor noisy amusement;
3. By disturbing in any manner, without authority oflaw within 1 mile thereof, free passage along a highway to the place of suchmeeting, or by maliciously cutting or otherwise injuring or disturbing aconveyance or other property belonging to any person in attendance upon suchmeeting; or
4. By menacing, threatening or assaulting any persontherein,
shall beguilty of a misdemeanor.
[1911 C&P 213; RL 6478; NCL 10161] + [1911C&P 332; RL 6597; NCL 10280]
NRS
[1911 C&P 333; RL 6598; NCL 10281](NRS A1967, 477)
DESECRATION OF FLAGS
NRS
1. Any person who, in any manner, for exhibition ordisplay, puts or causes to be placed any inscription, design, device, symbol,portrait, name, advertisement, words, character, marks or notice, or sets orplaces any goods, wares and merchandise whatever upon any flag or ensign of theUnited States, or state flag of this State, or ensign, evidently purporting tobe either of the flags or ensign, or who in any manner appends, annexes, oraffixes to any such flag or ensign any inscription, design, device, symbol,portrait, name, advertisement, words, marks, notice or token whatever, or whodisplays 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 mannerbe put, attached, annexed or affixed any inscription, design, device, symbol,portrait, name, advertisement, words, marks, notice or token whatever, or whopublicly or willfully mutilates, tramples upon, or who tears down or willfullyand maliciously removes while owned by others, or defames, slanders, or speaksevilly or in a contemptuous manner of or otherwise defaces or defiles any ofthe flags, or ensign, which are public or private property, shall be deemedguilty of a misdemeanor.
2. This section shall not apply to flags or ensignsthe 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 placedpursuant to law or authorized regulations.
[1911 C&P 338; A 1919, 438; 1919 RL 6603; NCL 10286]
PANDERING, PROSTITUTION AND DISORDERLY HOUSES
NRS
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 afee engages in sexual intercourse, oral-genital contact or any touching of thesexual organs or other intimate parts of a person for the purpose of arousingor gratifying the sexual desire of either person.
4. Prostitution means engaging in sexual conduct fora fee.
5. Sexual conduct means any of the acts enumeratedin subsection 3.
(Added to NRS by 1979, 302; A 1987, 2028; 1997, 295)
NRS
1. A person who:
(a) Induces, persuades, encourages, inveigles, enticesor compels a person to become a prostitute or to continue to engage inprostitution;
(b) By threats, violence or by any device or scheme,causes, induces, persuades, encourages, takes, places, harbors, inveigles orentices a person to become an inmate of a house of prostitution or assignationplace, 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 anyposition of confidence or authority, or having legal charge, takes, places,harbors, inveigles, entices, persuades, encourages or procures a person toenter 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 orscheme, by fraud or artifice, by duress of person or goods, or abuse of anyposition of confidence or authority or having legal charge, takes, places,harbors, inveigles, entices, persuades, encourages or procures a person ofprevious chaste character to enter any place within this state in whichprostitution is practiced, encouraged or allowed, for the purpose of sexualintercourse;
(e) Takes or detains a person with the intent to compelthe person by force, threats, menace or duress to marry him or any otherperson; or
(f) Receives, gives or agrees to receive or give anymoney or thing of value for procuring or attempting to procure a person tobecome a prostitute or to come into this state or leave this state for thepurpose of prostitution,
is guilty ofpandering.
2. A person who is found guilty of pandering:
(a) An adult:
(1) If physical force or the immediate threat ofphysical force is used upon the adult, is guilty of a category C felony andshall be punished as provided in NRS 193.130.
(2) If no physical force or immediate threat ofphysical force is used upon the adult, is guilty of a category D felony andshall be punished as provided in NRS 193.130.
(b) A child:
(1) If physical force or the immediate threat ofphysical force is used upon the child, is guilty of a category B felony andshall be punished by imprisonment in the state prison for a minimum term of notless than 2 years and a maximum term of not more than 20 years and may befurther punished by a fine of not more than $20,000.
(2) If no physical force or immediate threat ofphysical force is used upon the child, is guilty of a category B felony andshall be punished by imprisonment in the state prison for a minimum term of notless than 1 year and a maximum term of not more than 10 years and may befurther punished by a fine of not more than $10,000.
3. This section does not apply to the customer of aprostitute.
[1:233:1913; 1919 RL p. 3379; NCL 10537](NRS A1959, 7; 1967, 477; 1977, 1054; 1979, 1430; 1995, 1201; 1997, 295)
NRS
1. A person who by force, fraud, intimidation orthreats, places, or procures any other person to place, his spouse in a houseof prostitution or compels his spouse to lead a life of prostitution is guiltyof pandering and shall be punished:
(a) Where physical force or the immediate threat ofphysical force is used upon the spouse, for a category C felony as provided in
(b) Where no physical force or immediate threat ofphysical force is used, for a category D felony as provided in
2. Upon the trial of any offense mentioned in thissection, either spouse is a competent witness for or against the other spouse,with or without the others consent, and may be compelled so to testify.
[2:233:1913; 1919 RL p. 3380; NCL 10538](NRS A1967, 478; 1979, 302, 1431; 1995, 1202)
NRS
1. A person who knowingly accepts, receives, levies orappropriates any money or other valuable thing, without consideration, from theproceeds of any prostitute, is guilty of a category D felony and shall bepunished as provided in NRS 193.130.
2. Any such acceptance, receipt, levy or appropriationof money or valuable thing upon any proceedings or trial for violation of thissection, is presumptive evidence of lack of consideration.
[3:233:1913; 1919 RL p. 3380; NCL 10539](NRS A1967, 478; 1979, 303; 1995, 1202)
NRS
1. A person who attempts to detain anotherperson in a disorderly house or house of prostitution because of any debt ordebts the other person has contracted or is said to have contracted whileliving 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 ofphysical force is used upon the adult, is guilty of a category C felony andshall be punished as provided in NRS 193.130.
(2) If no physical force or immediate threat of physicalforce is used upon the adult, is guilty of a category D felony and shall bepunished as provided in NRS 193.130.
(b) A child:
(1) If physical force or the immediate threat ofphysical force is used upon the child, is guilty of a category B felony andshall be punished by imprisonment in the state prison for a minimum term of notless than 2 years and a maximum term of not more than 20 years and may befurther punished by a fine of not more than $20,000.
(2) If no physical force or immediate threat ofphysical force is used upon the child, is guilty of a category B felony andshall be punished by imprisonment in the state prison for a minimum term of notless than 1 year and a maximum term of not more than 10 years and may befurther punished by a fine of not more than $10,000.
[4:233:1913; 1919 RL p. 3380; NCL 10540](NRS A1967, 479; 1979, 303, 1431; 1995, 1202; 1997, 296)
NRS
1. A person who knowingly transports or causes to betransported, by any means of conveyance, into, through or across this state, orwho aids or assists in obtaining such transportation for a person with theintent to induce, persuade, encourage, inveigle, entice or compel that personto become a prostitute or to continue to engage in prostitution is guilty ofpandering.
2. A person who is found guilty of pandering:
(a) An adult:
(1) If physical force or the immediate threat ofphysical force is used upon the adult, is guilty of a category C felony andshall be punished as provided in NRS 193.130.
(2) If no physical force or immediate threat ofphysical force is used upon the adult, is guilty of a category D felony andshall be punished as provided in NRS 193.130.
(b) A child:
(1) If physical force or the immediate threat ofphysical force is used upon the child, is guilty of a category B felony andshall be punished by imprisonment in the state prison for a minimum term of notless than 2 years and a maximum term of not more than 20 years and may befurther punished by a fine of not more than $20,000.
(2) If no physical force or immediate threat ofphysical force is used upon the child, is guilty of a category B felony andshall be punished by imprisonment in the state prison for a minimum term of notless than 1 year and a maximum term of not more than 10 years and may befurther punished by a fine of not more than $10,000.
3. A person who violates subsection 1 may beprosecuted, indicted, tried and convicted in any county or city in or throughwhich he transports or attempts to transport the person.
[5:233:1913; 1919 RL p. 3380; NCL 10541](NRS A1967, 479; 1977, 1055; 1979, 1432; 1995, 1202; 1997, 297)
NRS
[6:233:1913; 1919 RL p. 3381; NCL 10542]
NRS
1. It is unlawful for any person to engage inprostitution or solicitation therefor, except in a licensed house ofprostitution.
2. Any person who violates subsection 1 is guilty of amisdemeanor.
(Added to NRS by 1987, 2027; A 1991, 462)
NRS
1. Any person who is arrested for a violation of
2. The person performing the test shall immediatelytransmit the results of the test to the arresting law enforcement agency. Ifthe results of the test are negative, the agency shall inform the court of thatfact. If the results of the test are positive, the agency shall upon receipt:
(a) Mail the results by certified mail, return receiptrequested, to the person arrested at his last known address and place thereturned receipt in the agencys file; or
(b) If the person arrested is in the custody of theagency, personally deliver the results to him and place an affidavit of servicein the agencys file.
If beforereceiving the results pursuant to this subsection, the person arrested requeststhe 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, andplace an affidavit of service in the agencys file.
3. The court shall, when the person arrested isarraigned, order the person to reappear before the court 45 days after thearraignment to determine whether the person has received the results of thetest. The court shall inform the person that his failure to appear at theappointed time will result in the issuance of a bench warrant, unless the orderis rescinded pursuant to this subsection. If the court is informed by theagency that the results of the persons test were negative, the court clerkshall rescind the order for his reappearance and so notify the person. If, uponreceiving notice from the agency that the results of the test were positive,the person notifies the court clerk in writing that he has received theresults, the clerk shall inform the court and rescind the order for hisreappearance for that determination.
4. The court shall, upon the persons reappearanceordered pursuant to subsection 3, ask him whether he has received the resultsof the test. If the person answers that he has received them, the court shallnote his answer in the court records. If the person answers that he has notreceived them, the court shall have the results delivered to him and directthat an affidavit of service be placed in the agencys file.
5. If the person does not reappear as ordered and hasnot notified the court clerk of his receipt of the results of the test in themanner set forth in subsection 3, the court shall cause a bench warrant to beissued 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 ensurethat the person receives the results of the test.
(Added to NRS by 1987, 2027; A 1989, 924)
NRS
1. A person who:
(a) Violates NRS201.354; or
(b) Works as a prostitute in a licensed house ofprostitution,
aftertesting positive in a test approved by the State Board of Health for exposureto the human immunodeficiency virus and receiving notice of that fact is guiltyof a category B felony and shall be punished by imprisonment in the state prisonfor a minimum term of not less than 2 years and a maximum term of not more than10 years, or by a fine of not more than $10,000, or by both fine andimprisonment.
2. As used in this section, notice means:
(a) Actual notice; or
(b) Notice received pursuant to
(Added to NRS by 1987, 2027; A 1989, 589, 925; 1995,1203)
NRS
1. A person who:
(a) Places another in the charge or custody of a thirdperson with the intent that the other person engage in prostitution or whocompels the other person to reside with him or with any third person forpurposes of prostitution, or who compels another person to reside in a house ofprostitution;
(b) Asks or receives any compensation, gratuity orreward, or promise thereof, for or on account of placing in a house ofprostitution or elsewhere a person for the purpose of causing that person tocohabit with someone who is not the persons spouse;
(c) Gives, offers or promises any compensation,gratuity or reward, to procure a person to engage in any act of prostitution inany house of prostitution, or elsewhere, against the persons will;
(d) Is the spouse, parent, guardian or other legalcustodian of a person under the age of 18 and permits, connives at or consentsto the minors being or remaining in any house of prostitution;
(e) Lives with or accepts any earnings of a commonprostitute, or entices or solicits a person to go to a house of prostitution toengage in sexual conduct with a common prostitute;
(f) Decoys, entices, procures or in any manner inducesa person to become a prostitute or to become an inmate of a house ofprostitution, for purposes of prostitution, or for purposes of employment, orfor any purpose whatever, when that person does not know that the house is oneof prostitution; or
(g) Decoys, entices, procures or in any manner inducesa person, under the age of 21 years, to go into or visit, upon any pretext orfor any purpose whatever, any house of ill fame or prostitution, or any room orplace inhabited or frequented by any prostitute, or used for purposes ofprostitution,
is guilty ofa felony.
2. A person who violates the provisions of subsection1 shall be punished:
(a) Where physical force or the immediate threat ofphysical force is used upon the other person, for a category C felony asprovided in NRS 193.130.
(b) Where no physical force or immediate threat ofphysical force is used, for a category D felony as provided in
[1911 C&P 180; RL 6445; NCL 10127](NRS A1967, 479; 1979, 303, 1432; 1995, 1203)
NRS
1. It shall be unlawful for any owner, or agent of anyowner, or any other person to keep any house of ill fame, or to let or rent toany person whatever, for any length of time whatever, to be kept or used as ahouse of ill fame, or resort for the purposes of prostitution, any house, roomor structure situated within 400 yards of any schoolhouse or schoolroom used byany public or common school in the State of Nevada, or within 400 yards of anychurch, edifice, building or structure erected for and used for devotionalservices or religious worship in this state.
2. Any person violating the provisions of subsection 1shall 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] + [1911C&P 247; RL 6512; NCL 10195](NRS A 1967, 480)
NRS
1. It is unlawful for any owner or agent of any owneror any other person to keep, let or rent for any length of time, or at all, anyhouse fronting on the principal business street or thoroughfare of any of thetowns of this state, for the purpose of prostitution or to make or use anyentrance or exit way to any house of prostitution from the principal businessstreet or thoroughfare of any of the towns of this state.
2. Any person violating the provisions of subsection 1shall be punished by a fine of not more than $500.
[1911 C&P 246; RL 6511; NCL 10194] + [1911C&P 247; RL 6512; NCL 10195](NRS A 1967, 481; 1979, 304)
NRS
[1911 C&P 248; RL 6513; NCL 10196](NRS A1979, 304)
NRS
[421:63:1947; 1943 NCL 6084.431]
NRS
[1911 C&P 219; RL 6484; NCL 10166](NRS A1967, 481)
NRS
1. It is unlawful for any person engaged in conductwhich is unlawful pursuant to paragraph (b) of subsection 1 of
(a) In any public theater, on the public streets of anycity or town, or on any public highway; or
(b) In any county, city or town where prostitution isprohibited by local ordinance or where the licensing of a house of prostitutionis prohibited by state statute.
2. It is unlawful for any person knowingly to prepareor print an advertisement concerning a house of prostitution not licensed forthat purpose pursuant to NRS 244.345, orconduct which is unlawful pursuant to paragraph (b) of subsection 1 of
3. Inclusion in any display, handbill or publicationof the address, location or telephone number of a house of prostitution or ofidentification of a means of transportation to such a house, or of directionstelling how to obtain any such information, constitutes prima facie evidence ofadvertising for the purposes of this section.
4. Any person, company, association or corporationviolating the provisions of this section shall be punished:
(a) For the first violation within a 3-year period, byimprisonment in the county jail for not more than 6 months, or by a fine of notmore than $1,000, or by both fine and imprisonment.
(b) For a second violation within a 3-year period, byimprisonment in the county jail for not less than 30 days nor more than 6months, and by a fine of not less than $250 nor more than $1,000.
(c) For a third or subsequent violation within a 3-yearperiod, by imprisonment in the county jail for 6 months and by a fine of notless than $250 nor more than $1,000.
[1:109:1913; 1919 RL p. 3379; NCL 10535](NRS A1967, 481; 1979, 305, 604; 1995, 2299)
NRS
1. In any county, city or town where prostitution isprohibited by local ordinance or where the licensing of a house of prostitutionis prohibited by state statute, it is unlawful for any person, company,association or corporation knowingly to allow any person engaged in conductwhich is unlawful pursuant to paragraph (b) of subsection 1 of
2. Any person, company, association or corporationthat violates the provisions of this section shall be punished:
(a) For the first violation within a 3-year period, byimprisonment in the county jail for not more than 6 months, or by a fine of notmore than $1,000, or by both fine and imprisonment.
(b) For a second violation within a 3-year period, byimprisonment in the county jail for not less than 30 days nor more than 6months, and by a fine of not less than $250 nor more than $1,000.
(c) For a third or subsequent violation within a 3-yearperiod, by imprisonment in the county jail for 6 months and by a fine of notless than $250 nor more than $1,000.
[2:109:1913; 1919 RL p. 3379; NCL 10536](NRS A1967, 481; 1979, 305, 605; 1995, 2300)
SEXUAL PENETRATION OF DEAD HUMAN BODY
NRS
1. A person who commits a sexual penetration onthe dead body of a human being is guilty of a category A felony and shall bepunished by imprisonment in the state prison for life with the possibility ofparole, with eligibility for parole beginning when a minimum of 5 years hasbeen served, and shall be further punished by a fine of not more than $20,000.
2. For the purposes of this section, sexualpenetration means cunnilingus, fellatio or any intrusion, however slight, ofany part of a persons body or any object manipulated or inserted by a personinto the genital or anal openings of the body of another, including, withoutlimitation, sexual intercourse in what would be its ordinary meaning ifpracticed upon the living.
(Added to NRS by 1983, 344; A 1991, 1010; 1995, 1204;1997, 2503, 3190; 2005,2878)
SALE OF HUMAN ORGAN FOR TRANSPLANTATION
NRS
1. A person shall not knowingly sell, acquire, receiveor otherwise transfer for valuable consideration any human organ for use inhuman 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 thereasonable payments associated with the removal, transportation, implantation,processing, preservation, quality control or storage of a human organ or theexpenses of travel, housing and lost wages incurred by the donor in connectionwith the donation of a human organ.
3. Any person who violates this section is guilty of amisdemeanor.
(Added to NRS by 1987, 1498)
SEXUAL CONDUCT WITH PUPILS AND STUDENTS
NRS
(Added to NRS by 1997, 2522)
NRS
(Added to NRS by 1997, 2522)
NRS
(Added to NRS by 1997, 2522)
NRS
(Added to NRS by 1997, 2522)
NRS
(Added to NRS by 1997, 2522)
NRS
1. Ordinary sexual intercourse;
2. Anal intercourse;
3. Fellatio, cunnilingus or other oral-genitalcontact;
4. Physical contact by a person with the unclothedgenitals or pubic area of another person for the purpose of arousing orgratifying the sexual desire of either person;
5. Penetration, however slight, by a person of anobject into the genital or anal opening of the body of another person for thepurpose of arousing or gratifying the sexual desire of either person;
6. Masturbation or the lewd exhibition of unclothedgenitals; or
7. Sado-masochistic abuse.
(Added to NRS by 1997, 2522)
NRS
(Added to NRS by 1997, 2522)
NRS
1. Except as otherwise provided in subsection4, a person who:
(a) Is 21 years of age or older;
(b) Is employed in a position of authority by a publicschool or private school or volunteering in a position of authority at a publicor private school; and
(c) Engages in sexual conduct with a pupil who is 16 or17 years of age and who is enrolled in or attending the public school orprivate school at which the person is employed or volunteering,
is guilty ofa category C felony and shall be punished as provided in
2. Except as otherwise provided in subsection 4, aperson who:
(a) Is 21 years of age or older;
(b) Is employed in a position of authority by a publicschool or private school or volunteering in a position of authority at a publicor private school; and
(c) Engages in sexual conduct with a pupil who is 14 or15 years of age and who is enrolled in or attending the public school orprivate school at which the person is employed or volunteering,
is guilty ofa category B felony and shall be punished by imprisonment in the state prisonfor a minimum term of not less than 1 year and a maximum term of not more than6 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 personshall be deemed to be employed in a position of authority by a public school orprivate school or deemed to be volunteering in a position of authority at apublic 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 teachers aide or an auxiliary, nonprofessionalemployee who assists licensed personnel in the instruction or supervision ofpupils pursuant to NRS 391.100.
4. The provisions of this section do not apply to aperson who is married to the pupil.
(Added to NRS by 1997, 2522; A
NRS
1. Except as otherwise provided in subsection3, a person who:
(a) Is 21 years of age or older;
(b) Is employed in a position of authority by a collegeor university; and
(c) Engages in sexual conduct with a student who is 16or 17 years of age and who is enrolled in or attending the college oruniversity at which the person is employed,
is guilty ofa category C felony and shall be punished as provided in
2. For the purposes of subsection 1, a person shall bedeemed to be employed in a position of authority by a college or university ifthe 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 aperson who is married to the student.
(Added to NRS by 1997, 2523)
LURING CHILDREN OR MENTALLY ILL PERSONS
NRS
1. Except as otherwise provided in subsection 3, aperson shall not knowingly contact or communicate with or attempt to contact orcommunicate with a child who is less than 16 years of age and who is at least 5years younger than the person with the intent to persuade, lure or transportthe child away from his home or from any location known to his parent orguardian or other person legally responsible for the child to a place otherthan where the child is located, for any purpose:
(a) Without the express consent of the parent orguardian or other person legally responsible for the child; and
(b) With the intent to avoid the consent of the parentor guardian or other person legally responsible for the child.
2. Except as otherwise provided in subsection 3, aperson shall not knowingly contact or communicate with a mentally ill personwith the intent to persuade, lure or transport the mentally ill person awayfrom his home or from any location known to any person legally responsible forthe mentally ill person to a place other than where the mentally ill person islocated:
(a) For any purpose that a reasonable person under thecircumstances would know would endanger the health, safety or welfare of thementally ill person;
(b) Without the express consent of the person legallyresponsible for the mentally ill person; and
(c) With the intent to avoid the consent of the personlegally responsible for the mentally ill person.
3. The provisions of this section do not apply if thecontact or communication is made or attempted with the intent to preventimminent bodily, emotional or psychological harm to the child or mentally illperson.
4. A person who violates or attempts to violate theprovisions of this section through the use of a computer, system or network:
(a) With the intent to engage in sexual conduct withthe child or mentally ill person or to cause the child or mentally ill personto engage in sexual conduct, is guilty of a category B felony and shall bepunished by imprisonment in the state prison for a minimum term of not lessthan 1 year and a maximum term of not more than 10 years and may be furtherpunished by a fine of not more than $10,000;
(b) By providing the child or mentally ill person withmaterial that is harmful to minors or requesting the child or mentally illperson to provide the person with material that is harmful to minors, is guiltyof a category C felony and shall be punished as provided in
(c) If paragraph (a) or (b) does not apply, is guiltyof a gross misdemeanor.
5. A person who violates or attempts to violate theprovisions of this section in a manner other than through the use of acomputer, system or network:
(a) With the intent to engage in sexual conduct withthe child or mentally ill person or to cause the child or mentally ill personto engage in sexual conduct, is guilty of a category B felony and shall bepunished by imprisonment in the state prison for a minimum term of not lessthan 2 years and a maximum term of not more than 15 years and may be furtherpunished by a fine of not more than $10,000;
(b) By providing the child or mentally ill person withmaterial that is harmful to minors or requesting the child or mentally illperson to provide the person with material that is harmful to minors, is guiltyof a category B felony and shall be punished by imprisonment in the stateprison for a minimum term of not less than 1 year and a maximum term of notmore 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 guiltyof a gross misdemeanor.
6. As used in this section:
(a) Computer has the meaning ascribed to it in
(b) Harmful to minors has the meaning ascribed to itin NRS 201.257.
(c) Material means anything that is capable of beingused 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 anymental dysfunction leading to impaired ability to maintain himself and tofunction effectively in his life situation without external support.
(e) Network has the meaning ascribed to it in
(f) Sexual conduct has the meaning ascribed to it in
(g) System has the meaning ascribed to it in
(Added to NRS by
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