[Rev. 11/21/2013 10:00:56 AM--2013]

CHAPTER 201 - CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS

NONSUPPORT OF SPOUSE, FORMER SPOUSE OR CHILD

NRS 201.015           “Minor child” defined.

NRS 201.020           Penalties; jurisdiction.

NRS 201.030           Institution of proceedings: Verified complaint.

NRS 201.051           Affirmative defense: Notice of intent to claim; notice of rebuttal witnesses; notice of provisions of section.

NRS 201.070           Evidence; husband and wife competent witnesses.

NRS 201.080           Uniformity of interpretation.

PATERNITY FRAUD

NRS 201.085           Definition; penalty.

CONTRIBUTORY DELINQUENCY AND NEGLECT OF CHILDREN

NRS 201.090           “Neglected child,” “delinquent child” and “child in need of supervision” defined.

NRS 201.100           How offense may be termed.

NRS 201.110           Definition; penalties; exception.

ABORTIONS; CONCEALING BIRTH

NRS 201.120           Abortion: Definition; penalty.

NRS 201.130           Selling drugs to produce miscarriage; penalty.

NRS 201.140           Evidence.

NRS 201.150           Concealing birth; penalty.

BIGAMY, INCEST AND SEXUAL ACTS IN PUBLIC

NRS 201.160           Bigamy: Definition; penalty.

NRS 201.170           Marrying person already married; penalty.

NRS 201.180           Incest: Definition; penalty.

NRS 201.190           Commission of certain sexual acts in public: Definition; penalty.

NRS 201.195           Solicitation of minor to engage in acts constituting crime against nature; penalties. [Repealed.]

INTENTIONAL TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS

NRS 201.205           Penalty; affirmative defense.

LEWDNESS AND INDECENT EXPOSURE

NRS 201.210           Open or gross lewdness; penalty.

NRS 201.220           Indecent or obscene exposure; penalty.

NRS 201.230           Lewdness with child under 14 years; penalties.

NRS 201.232           Breast feeding: Legislative intent; authorized in any public or private location where mother is authorized to be.

OBSCENITY

NRS 201.235           Definitions.

NRS 201.237           Exemptions.

NRS 201.239           Power of county, city or town to regulate obscenity.

NRS 201.241           Action to declare item or material obscene and obtain injunction.

NRS 201.243           Evidence probative of obscenity of material or item.

NRS 201.245           Surrender, seizure and destruction of obscene item or material; undertaking not required for injunction; defendant chargeable with knowledge of contents after service of summons and complaint.

NRS 201.247           Payment to city or county of value received from sale of obscene materials after judgment or injunction.

NRS 201.249           Production, sale, distribution, exhibition and possession of obscene items or materials; penalty.

NRS 201.251           Coercing acceptance of obscene articles or publications; penalty.

NRS 201.253           Obscene, indecent or immoral shows, acts or performances; penalty.

NRS 201.254           Exemption of stagehands and movie projectionists from criminal liability when possessing or exhibiting obscene material directly related to their work.

OBSCENE, THREATENING OR ANNOYING TELEPHONE CALLS

NRS 201.255           Penalties.

EXHIBITION AND SALE OF OBSCENE MATERIAL TO MINORS

NRS 201.256           Definitions.

NRS 201.2565         “Distribute” defined.

NRS 201.257           “Harmful to minors” defined.

NRS 201.2581         “Material” defined.

NRS 201.259           “Minor” defined.

NRS 201.2595         “Motion picture” defined.

NRS 201.261           “Nudity” defined.

NRS 201.262           “Sado-masochistic abuse” defined.

NRS 201.263           “Sexual conduct” defined.

NRS 201.264           “Sexual excitement” defined.

NRS 201.265           Unlawful acts; penalty.

NRS 201.2655         Exemptions.

CRIMES AGAINST RELIGION

NRS 201.270           Disturbing religious meetings; penalty.

NRS 201.280           Selling liquor at camp meetings; penalty.

DESECRATION OF FLAGS

NRS 201.290           Penalty; exception.

PANDERING, PROSTITUTION AND DISORDERLY HOUSES

NRS 201.295           Definitions.

NRS 201.300           Pandering and sex trafficking: Definitions; penalties; exception.

NRS 201.310           Pandering: Placing spouse in brothel; penalties. [Repealed.]

NRS 201.320           Living from earnings of prostitute; penalty.

NRS 201.325           Power of court to order restitution.

NRS 201.330           Pandering: Detaining person in brothel because of debt; penalties. [Repealed.]

NRS 201.340           Pandering: Furnishing transportation; penalties. [Repealed.]

NRS 201.345           Attorney General has concurrent jurisdiction with district attorneys.

NRS 201.350           Venue.

NRS 201.351           Forfeiture of assets; temporary restraining order to preserve property subject to forfeiture; use of proceeds derived from forfeiture.

NRS 201.352           Additional fine for certain violations.

NRS 201.354           Engaging in prostitution or solicitation for prostitution: Penalty; exception.

NRS 201.356           Test for exposure to human immunodeficiency virus required; payment of costs; notification of results of test.

NRS 201.358           Engaging in prostitution or solicitation for prostitution after testing positive for exposure to human immunodeficiency virus: Penalty; definition.

NRS 201.360           Placing person in house of prostitution; penalties.

NRS 201.380           Restriction on location of houses of ill fame; penalty.

NRS 201.390           Property on principal business streets not to be rented for purposes of prostitution; penalty.

NRS 201.400           General reputation competent evidence.

NRS 201.410           Duties of sheriff and district attorney; failure to act; penalty.

NRS 201.420           Keeping disorderly house; penalty.

NRS 201.430           Unlawful advertising of prostitution; penalties.

NRS 201.440           Unlawful to permit illegal advertising of houses of prostitution; penalties.

SEXUAL PENETRATION OF DEAD HUMAN BODY

NRS 201.450           Unlawful act; penalty.

SALE OF HUMAN ORGAN FOR TRANSPLANTATION

NRS 201.460           Sale, acquisition, receipt or transfer for consideration of human organ for transplantation prohibited; penalty.

SEXUAL CONDUCT WITH PUPILS AND STUDENTS

NRS 201.470           Definitions.

NRS 201.480           “College” defined.

NRS 201.490           “Private school” defined.

NRS 201.500           “Public school” defined.

NRS 201.510           “Sado-masochistic abuse” defined.

NRS 201.520           “Sexual conduct” defined.

NRS 201.530           “University” defined.

NRS 201.540           Sexual conduct between certain employees of school or volunteers at school and pupil: Penalty; exception.

NRS 201.550           Sexual conduct between certain employees of college or university and student: Penalty; exception.

LURING CHILDREN OR PERSONS WITH MENTAL ILLNESS

NRS 201.560           Definitions; exceptions; penalties.

CRIMINAL GANG RECRUITMENT

NRS 201.570           Definition; penalty.

_________

_________

NONSUPPORT OF SPOUSE, FORMER SPOUSE OR CHILD

      NRS 201.015  “Minor child” defined.  For the purposes of NRS 201.015 to 201.080, inclusive, “minor child” means a person who has not reached the age of majority as provided in NRS 129.010 and has not been declared emancipated pursuant to NRS 129.080 to 129.140, inclusive.

      (Added to NRS by 1965, 1440; A 1987, 1282; 1999, 3568)

      NRS 201.020  Penalties; jurisdiction.

      1.  Except as otherwise provided in subsection 2, a person who knowingly fails to provide for the support of his or her:

      (a) Spouse or former spouse;

      (b) Minor child; or

      (c) Child who upon arriving at the age of majority is unable to provide support for himself or herself because of infirmity, incompetency or other legal disability that was contracted before the child reached the age of majority,

Ê as ordered by a court, is guilty of a misdemeanor.

      2.  A person who violates the provisions of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130 if:

      (a) The person’s arrearages for nonpayment of the child support or spousal support ordered by a court total $10,000 or more and have accrued over any period since the date that a court first ordered the defendant to provide for such support; or

      (b) It is a second or subsequent violation of subsection 1 or an offense committed in another jurisdiction that, if committed in this State, would be a violation of subsection 1, and the person’s arrearages for nonpayment of the child support or spousal support ordered by a court total $5,000 or more and have accrued over any period since the date that a court first ordered the defendant to provide for such support.

      3.  A prosecution for a violation of subsection 1 may be brought in a court of competent jurisdiction in any county in which:

      (a) A court has issued a valid order for the defendant to pay child support or spousal support;

      (b) The defendant resides;

      (c) The custodial parent or custodian of the child for whom the defendant owes child support resides;

      (d) The spouse or former spouse to whom the defendant owes spousal support resides; or

      (e) The child for whom the defendant owes child support resides.

      [1:170:1923; NCL § 10516]—(NRS A 1965, 1440; 1967, 474; 1969, 271; 1979, 1284; 1983, 1878; 1995, 1196; 1999, 1208, 3568; 2001, 278)

      NRS 201.030  Institution of proceedings: Verified complaint.  Proceedings under NRS 201.015 to 201.080, inclusive, may be instituted upon complaint made under oath or affirmation by the spouse or child or children, or by any other person, including the district attorney, against any person guilty of an offense named in NRS 201.020.

      [2:170:1923; NCL § 10517]—(NRS A 1969, 589; 1985, 64; 1999, 3570)

      NRS 201.051  Affirmative defense: Notice of intent to claim; notice of rebuttal witnesses; notice of provisions of section.

      1.  Except as otherwise provided in this section, in a prosecution for a violation of NRS 201.020, the defendant may claim as an affirmative defense that he or she was unable to provide the child support or spousal support ordered by a court.

      2.  In addition to the written notice required by NRS 174.234, a defendant who intends to offer the affirmative defense described in subsection 1 shall, not less than 20 days before trial or at such other time as the court directs, file and serve upon the prosecuting attorney a written notice of his or her intent to claim the affirmative defense. The written notice must include:

      (a) The specific affirmative defense that the defendant is asserting; and

      (b) The name and last known address of each witness by whom the defendant proposes to establish the affirmative defense.

      3.  Not later than 10 days after receiving the written notice set forth in subsection 2 or at such other time as the court directs, the prosecuting attorney shall file and serve upon the defendant a written notice that includes the name and last known address of each witness the prosecuting attorney proposes to offer in rebuttal at trial to discredit the affirmative defense claimed by the defendant.

      4.  Each party has a continuing duty to file and serve upon the opposing party any change in the last known address of any witness that the party proposes to offer to establish or discredit the affirmative defense described in subsection 1.

      5.  Each party has a continuing duty to disclose promptly the names and last known addresses of any additional witnesses which come to the attention of that party and which that party proposes to offer to establish or discredit the affirmative defense described in subsection 1.

      6.  If the defendant or prosecuting attorney fails to comply with the requirements set forth in this section, in addition to any sanctions or protective orders otherwise provided in chapter 174 of NRS, the court may grant a continuance to permit the opposing party time to prepare.

      7.  A prosecuting attorney shall provide notice of the requirements of this section to a defendant when a complaint is served upon the defendant for a violation of NRS 201.020.

      8.  For the purposes of this section, a defendant is not “unable to provide the child support or spousal support ordered by a court” if, during the period that the defendant was obligated to provide and failed to provide child support or spousal support, the defendant was:

      (a) Voluntarily unemployed or underemployed without good cause or to avoid payment of child support or spousal support, including, without limitation, not using reasonable diligence to secure sufficient employment; or

      (b) Unable to pay the child support or spousal support ordered by a court because of excessive spending, indebtedness or other legal obligation, unless the spending, indebtedness or other legal obligation was not within the control of the defendant.

      (Added to NRS by 1999, 3567)

      NRS 201.070  Evidence; husband and wife competent witnesses.

      1.  No other or greater evidence is required to prove the marriage of the husband and wife, or that the defendant is the father or mother of the child or children, than is required to prove such facts in a civil action.

      2.  In no prosecution under NRS 201.015 to 201.080, inclusive, does any existing statute or rule of law prohibiting the disclosure of confidential communications between husband and wife apply, and both husband and wife are competent witnesses to testify against each other to any and all relevant matters, including the fact of the marriage and the parentage of any child or children, but neither may be compelled to give evidence incriminating himself or herself.

      3.  Proof of the failure of the defendant to provide for the support of the spouse, child or children, is prima facie evidence that such failure was knowing.

      [6:170:1923; NCL § 10521]—(NRS A 1985, 64; 1999, 3570)

      NRS 201.080  Uniformity of interpretation.  NRS 201.015 to 201.080, inclusive, shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them.

      [7:170:1923; NCL § 10522]

PATERNITY FRAUD

      NRS 201.085  Definition; penalty.

      1.  A person is guilty of paternity fraud if the person:

      (a) Is ordered by a court to submit, or agrees to submit, to a test for genetic identification to determine the paternity of a child and knowingly assists, aids, abets, solicits or conspires with another person to have someone other than himself submit to the test for the purpose of preventing a determination that he is the father of the child;

      (b) Submits to a test for genetic identification to determine the paternity of a child in place of the person who has been ordered to submit, or who has agreed to submit, to a test for genetic identification to determine the paternity of a child for the purpose of preventing a determination that the person for whom he is taking the test is the father of the child; or

      (c) Knowingly assists, aids, abets, solicits or conspires with another person:

             (1) To commit a violation of paragraph (a) or (b); or

             (2) To render inaccurate the results of a test for genetic identification to determine the paternity of a child.

      2.  A person who violates this section is guilty of a gross misdemeanor.

      (Added to NRS by 2007, 1022)

CONTRIBUTORY DELINQUENCY AND NEGLECT OF CHILDREN

      NRS 201.090  “Neglected child,” “delinquent child” and “child in need of supervision” defined.  As used in NRS 201.100 and 201.110, unless the context otherwise requires, a “neglected child,” “delinquent child” or “child in need of supervision” means any person less than 18 years of age:

      1.  Who is found begging, receiving or gathering alms, or who is found in any street, road or public place for the purpose of so doing, whether actually begging or doing so under the pretext of selling or offering for sale any article, or of singing or playing on any musical instrument, or of giving any public entertainment or accompanying or being used in aid of any person so doing.

      2.  Who has no parent or guardian, who has no parent or guardian willing to exercise or capable of exercising proper parental control, or who has no parent or guardian actually exercising such proper parental control, and who is in need of such control.

      3.  Who is destitute, or who is not provided with the necessities of life by his or her parents, and who has no other means of obtaining such necessities.

      4.  Whose home is an unfit place for the child, by reason of neglect, cruelty or depravity of either of his or her parents, or of his or her guardians or other person in whose custody or care the child is.

      5.  Who is found living in any house of ill fame, or with any disreputable person.

      6.  Who is found wandering and either has no home, no settled place of abode, no visible means of subsistence or no proper guardianship.

      7.  Who frequents the company of criminals, vagrants or prostitutes, or persons so reputed, or who is in any house of prostitution or assignation.

      8.  Who unlawfully visits a saloon where any spirituous, vinous or malt liquors are sold, bartered, exchanged or given away.

      9.  Who habitually uses intoxicating liquors or who uses opium, cocaine, morphine, or other similar drug without the direction of a competent physician.

      10.  Who persistently or habitually refuses to obey the reasonable and proper orders or directions of his or her parents, guardian or custodian, or who is beyond the control of such person.

      11.  Who is a habitual truant from school.

      12.  Who is leading, or from any cause is in danger of leading, an idle, dissolute, lewd or immoral life.

      13.  Who writes or uses vile, obscene, profane or indecent language, or is guilty of indecent, immoral or lascivious conduct.

      14.  Who violates any law of this State or any ordinance of any town, city or county of this State defining crime.

Ê Any child who is a runaway, unmanageable or a habitual truant is a child in need of supervision as that term is used in title 5 of NRS, and is not a delinquent child.

      [Part 1:165:1909; A 1911, 382; 1921, 21; 1955, 152]—(NRS A 1973, 1350; 2003, 1125)

      NRS 201.100  How offense may be termed.  When the charge against any person under NRS 201.090, 201.100 and 201.110 concerns the neglect of a child or children, or the problems of a child in need of supervision, the offense, for convenience, may be termed “contributory neglect,” and when it concerns the delinquency of a child or children, for convenience it may be termed “contributory delinquency.”

      [Part 1:165:1909; A 1911, 382; 1921, 21; 1955, 152]—(NRS A 1973, 1351)

      NRS 201.110  Definition; penalties; exception.

      1.  Except as otherwise provided in this section, any person who commits any act or omits the performance of any duty, which act or omission causes or tends to cause or encourage any person under the age of 18 to become a “neglected child,” “child in need of supervision” or “delinquent child,” as defined in NRS 201.090, 201.100 and 201.110 or which act or omission contributes thereto, or any person who, by any act or omission, or by threats, command or persuasion, induces or endeavors to induce any person under the age of 18 to perform any act or to follow any course of conduct or to so live as would cause or manifestly tend to cause any such person to become or to remain a person who is a “neglected child,” “child in need of supervision” or “delinquent child,” as defined in NRS 201.090, is guilty of contributory neglect or contributory delinquency. Contributory neglect or contributory delinquency is a misdemeanor.

      2.  A person does not commit a violation of subsection 1 by virtue of the sole fact that the person delivers or induces the delivery of a child to a provider of emergency services pursuant to NRS 432B.630.

      [Part 1:165:1909; A 1911, 382; 1921, 21; 1955, 152]—(NRS A 1967, 474; 1973, 1351; 2001, 1265)

ABORTIONS; CONCEALING BIRTH

      NRS 201.120  Abortion: Definition; penalty.  A person who:

      1.  Prescribes, supplies or administers to a woman, whether pregnant or not, or advises or causes her to take any medicine, drug or substance; or

      2.  Uses or causes to be used, any instrument or other means,

Ê to terminate a pregnancy, unless done pursuant to the provisions of NRS 442.250, or by a woman upon herself upon the advice of a physician acting pursuant to the provisions of NRS 442.250, is guilty of abortion which is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

      [1911 C&P § 182, RL § 6447; NCL § 10129]—(NRS A 1967, 475; 1973, 1639; 1979, 1428; 1995, 1197)

      NRS 201.130  Selling drugs to produce miscarriage; penalty.  Every person who shall manufacture, sell or give away any instrument, drug, medicine or other substance, knowing or intending that the same may be unlawfully used in procuring the miscarriage of a woman, shall be guilty of a gross misdemeanor.

      [1911 C&P § 183; RL § 6448; NCL § 10130]

      NRS 201.140  Evidence.  In any prosecution for abortion, attempting abortion, or selling drugs unlawfully, no person shall be excused from testifying as a witness on the ground that the testimony would tend to incriminate him or her, but such testimony shall not be used against the person testifying in any criminal prosecution except for perjury in giving such testimony.

      [1911 C&P § 184; RL § 6449; NCL § 10131]

      NRS 201.150  Concealing birth; penalty.  Every person who shall endeavor to conceal the birth of a child by any disposition of its dead body, whether the child died before or after its birth, shall be guilty of a gross misdemeanor.

      [1911 C&P § 185; RL § 6450; NCL § 10132]

BIGAMY, INCEST AND SEXUAL ACTS IN PUBLIC

      NRS 201.160  Bigamy: Definition; penalty.

      1.  Bigamy consists in the having of two wives or two husbands at one time, knowing that the former husband or wife is still alive.

      2.  If a married person marries any other person while the former husband or wife is alive, the person so offending is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      3.  It is not necessary to prove either of the marriages by the register and certificate thereof, or other record evidence, but those marriages may be proved by such evidence as is admissible to prove a marriage in other cases, and when the second marriage has taken place without this State, cohabitation in this State after the second marriage constitutes the commission of the crime of bigamy.

      4.  This section does not extend:

      (a) To a person whose husband or wife has been continually absent from that person for the space of 5 years before the second marriage, if he or she did not know the husband or wife to be living within that time.

      (b) To a person who is, at the time of the second marriage, divorced by lawful authority from the bonds of the former marriage, or to a person where the former marriage has been by lawful authority declared void.

      [1911 C&P § 191; RL § 6456; NCL § 10138]—(NRS A 1967, 475; 1979, 1428; 1995, 1197)

      NRS 201.170  Marrying person already married; penalty.  If a person, being unmarried, knowingly marries the husband or wife of another, that person is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      [1911 C&P § 192; RL § 6457; NCL § 10139]—(NRS A 1967, 475; 1979, 1429; 1995, 1198)

      NRS 201.180  Incest: Definition; penalty.  Persons being within the degree of consanguinity within which marriages are declared by law to be incestuous and void who intermarry with each other or who commit fornication or adultery with each other shall be punished for a category A felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of life with the possibility of parole, and may be further punished by a fine of not more than $10,000.

      [1911 C&P § 193; RL § 6458; NCL § 10140]—(NRS A 1979, 1429; 1995, 1198; 2005, 2877)

      NRS 201.190  Commission of certain sexual acts in public: Definition; penalty.  Except as otherwise provided in NRS 200.366 and 201.230, a person of full age who commits anal intercourse, cunnilingus or fellatio in public is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      [1911 C&P § 194; A 1951, 524]—(NRS A 1963, 62; 1967, 475; 1973, 95, 254; 1977, 866, 1632; 1993, 515; 1995, 1198)

      NRS 201.195  Solicitation of minor to engage in acts constituting crime against nature; penalties.  Repealed. (See chapter 261, Statutes of Nevada 2013, at page 1174.)

 

INTENTIONAL TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS

      NRS 201.205  Penalty; affirmative defense.

      1.  A person who, after testing positive in a test approved by the State Board of Health for exposure to the human immunodeficiency virus and receiving actual notice of that fact, intentionally, knowingly or willfully engages in conduct in a manner that is intended or likely to transmit the disease to another person is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      2.  It is an affirmative defense to an offense charged pursuant to subsection 1 that the person who was subject to exposure to the human immunodeficiency virus as a result of the prohibited conduct:

      (a) Knew the defendant was infected with the human immunodeficiency virus;

      (b) Knew the conduct could result in exposure to the human immunodeficiency virus; and

      (c) Consented to engage in the conduct with that knowledge.

      (Added to NRS by 1993, 1943; A 1995, 1199)

LEWDNESS AND INDECENT EXPOSURE

      NRS 201.210  Open or gross lewdness; penalty.

      1.  A person who commits any act of open or gross lewdness is guilty:

      (a) For the first offense, of a gross misdemeanor.

      (b) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.

      2.  For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open or gross lewdness.

      [Part 1911 C&P § 195; A 1921, 112; NCL § 10142]—(NRS A 1963, 63; 1965, 1465; 1967, 476; 1973, 95, 255, 1406; 1977, 866; 1979, 1429; 1983, 206; 1991, 1008; 1995, 127, 1199, 1327; 1997, 2501, 3188)

      NRS 201.220  Indecent or obscene exposure; penalty.

      1.  A person who makes any open and indecent or obscene exposure of his or her person, or of the person of another, is guilty:

      (a) For the first offense, of a gross misdemeanor.

      (b) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.

      2.  For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open and indecent or obscene exposure of her body.

      [Part 1911 C&P § 195; A 1921, 112; NCL § 10142]—(NRS A 1965, 1465; 1967, 476; 1973, 96, 255, 1406; 1977, 867; 1979, 1429; 1983, 206; 1991, 1008; 1995, 127, 1200, 1327; 1997, 2501, 3189)

      NRS 201.230  Lewdness with child under 14 years; penalties.

      1.  A person who willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child, is guilty of lewdness with a child.

      2.  Except as otherwise provided in subsection 3, a person who commits lewdness with a child is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served, and may be further punished by a fine of not more than $10,000.

      3.  A person who commits lewdness with a child and who has been previously convicted of:

      (a) Lewdness with a child pursuant to this section or any other sexual offense against a child; or

      (b) An offense committed in another jurisdiction that, if committed in this State, would constitute lewdness with a child pursuant to this section or any other sexual offense against a child,

Ê is guilty of a category A felony and shall be punished by imprisonment in the state prison for life without the possibility of parole.

      4.  For the purpose of this section, “other sexual offense against a child” has the meaning ascribed to it in subsection 5 of NRS 200.366.

      [1911 C&P § 195 1/2; added 1925, 17; A 1947, 24; 1943 NCL § 10143]—(NRS A 1961, 92; 1967, 477; 1973, 96, 255, 1406; 1977, 867, 1632; 1979, 1430; 1983, 207; 1991, 1009; 1995, 1200; 1997, 1722, 2502, 3190; 1999, 470, 472; 2003, 2826; 2005, 2877)

      NRS 201.232  Breast feeding: Legislative intent; authorized in any public or private location where mother is authorized to be.

      1.  The Legislature finds and declares that:

      (a) The medical profession in the United States recommends that children from birth to the age of 1 year should be breast fed, unless under particular circumstances it is medically inadvisable.

      (b) Despite the recommendation of the medical profession, statistics reveal a declining percentage of mothers who are choosing to breast feed their babies.

      (c) Many new mothers are now choosing to use formula rather than to breast feed even before they leave the hospital, and only a small percentage of all mothers are still breast feeding when their babies are 6 months old.

      (d) In addition to the benefit of improving bonding between mothers and their babies, breast feeding offers better nutrition, digestion and immunity for babies than does formula feeding, and it may increase the intelligence quotient of a child. Babies who are breast fed have lower rates of death, meningitis, childhood leukemia and other cancers, diabetes, respiratory illnesses, bacterial and viral infections, diarrheal diseases, otitis media, allergies, obesity and developmental delays.

      (e) Breast feeding also provides significant benefits to the health of the mother, including protection against breast cancer and other cancers, osteoporosis and infections of the urinary tract. The incidence of breast cancer in the United States might be reduced by 25 percent if every woman breast fed all her children until they reached the age of 2 years.

      (f) The World Health Organization and the United Nations Children’s Fund have established as one of their major goals for the decade the encouragement of breast feeding.

      (g) The social constraints of modern society weigh against the choice of breast feeding and lead new mothers with demanding time schedules to opt for formula feeding to avoid embarrassment, social ostracism or criminal prosecution.

      (h) Any genuine promotion of family values should encourage public acceptance of this most basic act of nurture between a mother and her baby, and no mother should be made to feel incriminated or socially ostracized for breast feeding her child.

      2.  Notwithstanding any other provision of law, a mother may breast feed her child in any public or private location where the mother is otherwise authorized to be, irrespective of whether the nipple of the mother’s breast is uncovered during or incidental to the breast feeding.

      (Added to NRS by 1995, 126)

OBSCENITY

      NRS 201.235  Definitions.  In NRS 201.235 to 201.254, inclusive, unless the context otherwise requires:

      1.  “Community” means the area from which a jury is or would be selected for the court in which the action is tried.

      2.  “Item” includes any book, leaflet, pamphlet, magazine, booklet, picture, drawing, photograph, film, negative, slide, motion picture, figure, object, article, novelty device, recording, transcription, phonograph record or tape recording, videotape or videodisc, with or without music, or other similar items.

      3.  “Material” means anything tangible which is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or in any other manner.

      4.  “Obscene” means any item, material or performance which:

      (a) An average person applying contemporary community standards would find, taken as a whole, appeals to prurient interest;

      (b) Taken as a whole lacks serious literary, artistic, political or scientific value; and

      (c) Does one of the following:

             (1) Depicts or describes in a patently offensive way ultimate sexual acts, normal or perverted, actual or simulated.

             (2) Depicts or describes in a patently offensive way masturbation, excretory functions, sadism or masochism.

             (3) Lewdly exhibits the genitals.

Ê Appeal shall be judged with reference to ordinary adults, unless it appears, from the character of the material or the circumstances of its dissemination, to be designed for children or a clearly defined deviant group.

      5.  “Performance” means any play, motion picture, dance or other exhibition performed before an audience.

      [1911 C&P § 196; A 1955, 907]—(NRS A 1963, 1171; 1965, 584; 1971, 205, 493; 1979, 364)—(Substituted in revision for NRS 201.250)

      NRS 201.237  Exemptions.  The provisions of NRS 201.235 to 201.254, inclusive, do not apply to those universities, schools, museums or libraries which are operated by or are under the direct control of the State, or any political subdivision of the State, or to persons while acting as employees of such organizations.

      (Added to NRS by 1979, 363)

      NRS 201.239  Power of county, city or town to regulate obscenity.  The provisions of NRS 201.235 to 201.254, inclusive, do not preclude any county, city or town from adopting an ordinance further regulating obscenity if its provisions do not conflict with these statutes.

      (Added to NRS by 1979, 364)

      NRS 201.241  Action to declare item or material obscene and obtain injunction.

      1.  The district attorney or city attorney of any county or city, respectively, in which there is an item or material which the district attorney or city attorney believes to be obscene, may file a complaint in the district court seeking to have the item or material declared obscene and to enjoin the possessor and the owner from selling, renting, exhibiting, reproducing, manufacturing or distributing it and from possessing it for any purpose other than personal use.

      2.  In such an action, no temporary restraining order may be issued.

      3.  A trial on the merits must be held not earlier than 5 days after the answer is filed nor later than 35 days after the complaint is filed. The court shall render a decision within 2 days after the conclusion of the trial.

      (Added to NRS by 1979, 363; A 1981, 1688)

      NRS 201.243  Evidence probative of obscenity of material or item.  In prosecutions under NRS 201.235 to 201.254, inclusive, evidence of circumstances of production, dissemination, sale or publicity of the material or item, which indicates it is being commercially exploited by the defendant for its prurient appeal, is probative of the obscenity of the material or item and can justify the conclusion that it is, taken as a whole, without serious literary, artistic, political or scientific value.

      (Added to NRS by 1979, 364)

      NRS 201.245  Surrender, seizure and destruction of obscene item or material; undertaking not required for injunction; defendant chargeable with knowledge of contents after service of summons and complaint.

      1.  If a final judgment declaring an item or material obscene is entered against its owner or possessor, the judgment shall contain a provision directing the owner or possessor to surrender to the sheriff of the county in which the action was brought the item or material declared obscene and a direction to the sheriff to seize and destroy it.

      2.  In any action brought to declare an item or material obscene, the district attorney or city attorney bringing the action is not required to file an undertaking before an injunction is issued.

      3.  A sheriff directed to seize an obscene item or material is not liable for damages sustained by reason of the injunction in cases where judgment ultimately is rendered in favor of the person, firm, association or corporation sought to be enjoined.

      4.  Every person, firm, association or corporation who sells, distributes, or acquires possession with intent to sell or distribute any allegedly obscene item or material, after service upon the person, firm, association or corporation of a summons and complaint in an action brought to declare an item or material obscene is chargeable with knowledge of the contents of the item or material.

      (Added to NRS by 1979, 363)

      NRS 201.247  Payment to city or county of value received from sale of obscene materials after judgment or injunction.  If a district court enters a judgment that an item or material is obscene and that item or material, or one substantially identical thereto, is sold after that judgment or injunction, the court shall order an accounting to determine the value of all money and other consideration received by the defendant which was derived from the obscene item or material after the court judged it to be obscene. The defendant shall pay a sum equivalent to that value into the general fund of the city or county which prosecuted the action.

      (Added to NRS by 1979, 364)

      NRS 201.249  Production, sale, distribution, exhibition and possession of obscene items or materials; penalty.  Except as otherwise provided in NRS 201.237 and except under the circumstances described in NRS 200.720 or 200.725, a person is guilty of a misdemeanor who knowingly:

      1.  Prints, produces or reproduces any obscene item or material for sale or commercial distribution.

      2.  Publishes, sells, rents, transports in intrastate commerce, or commercially distributes or exhibits any obscene item or material, or offers to do any such things.

      3.  Has in his or her possession with intent to sell, rent, transport or commercially distribute any obscene item or material.

      (Added to NRS by 1979, 364; A 1995, 951)

      NRS 201.251  Coercing acceptance of obscene articles or publications; penalty.

      1.  A person, firm, association or corporation shall not, as a condition to any sale, allocation, consignment or delivery for resale of any item or material, require that the purchaser or consignee receive for resale any other item or material which is obscene. A person, firm, association or corporation shall not deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, for the failure or refusal of any person to accept any obscene item or material or for the return thereof.

      2.  A person, firm, association or corporation who violates any provision of this section is guilty of a misdemeanor.

      (Added to NRS by 1979, 364)

      NRS 201.253  Obscene, indecent or immoral shows, acts or performances; penalty.  Except under the circumstances described in NRS 200.710, every person who knowingly causes to be performed or exhibited, or engages in the performance or exhibition of, any obscene, indecent or immoral show, act or performance is guilty of a misdemeanor.

      (Added to NRS by 1967, 482; A 1995, 952)

      NRS 201.254  Exemption of stagehands and movie projectionists from criminal liability when possessing or exhibiting obscene material directly related to their work.  A motion picture machine operator or a stagehand is not criminally liable for exhibiting or possessing with the intent to exhibit any obscene material if:

      1.  Such exhibition or possession is a part of the motion picture he or she is projecting or part of the stage show for which he or she is employed as a stagehand; and

      2.  The operator or stagehand has no financial interest, except wages, and no managerial responsibility in his or her place of employment.

      (Added to NRS by 1969, 352)

OBSCENE, THREATENING OR ANNOYING TELEPHONE CALLS

      NRS 201.255  Penalties.

      1.  Any person who willfully makes a telephone call and addresses any obscene language, representation or suggestion to or about any person receiving such call or addresses to such other person any threat to inflict injury to the person or property of the person addressed or any member of the person’s family is guilty of a misdemeanor.

      2.  Every person who makes a telephone call with intent to annoy another is, whether or not conversation ensues from making the telephone call, guilty of a misdemeanor.

      3.  Any violation of subsections 1 and 2 is committed at the place at which the telephone call or calls were made and at the place where the telephone call or calls were received, and may be prosecuted at either place.

      (Added to NRS by 1967, 98; A 1971, 855)

EXHIBITION AND SALE OF OBSCENE MATERIAL TO MINORS

      NRS 201.256  Definitions.  As used in NRS 201.256 to 201.2655, inclusive, unless the context otherwise requires, the words and terms defined in NRS 201.257 to 201.264, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1969, 513; A 1997, 1314, 2662)

      NRS 201.2565  “Distribute” defined.  “Distribute” means to transfer possession with or without consideration.

      (Added to NRS by 1997, 2662)

      NRS 201.257  “Harmful to minors” defined.  “Harmful to minors” means that quality of any description or representation, whether constituting all or a part of the material considered, in whatever form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse which predominantly appeals to the prurient, shameful or morbid interest of minors, is patently offensive to prevailing standards in the adult community with respect to what is suitable material for minors, and is without serious literary, artistic, political or scientific value.

      (Added to NRS by 1969, 513; A 1981, 1689)

      NRS 201.2581  “Material” defined.  “Material” means:

      1.  A book, pamphlet, magazine, newspaper, printed advertising or other printed or written material;

      2.  A motion picture, photograph, picture, drawing, statue, sculpture or other visual representation or image; or

      3.  A transcription, recording or live or recorded telephone message.

      (Added to NRS by 1997, 2662)

      NRS 201.259  “Minor” defined.  “Minor” means any person under the age of 18 years, but as applied to the showing of a motion picture excludes any person employed on the premises where the motion picture is shown.

      (Added to NRS by 1969, 513)

      NRS 201.2595  “Motion picture” defined.  “Motion picture” means a film or a video recording, whether or not it has been rated appropriate for a particular audience, that is:

      1.  Placed on a videodisc or videotape; or

      2.  To be shown in a theater or on television,

Ê and includes, without limitation, a cartoon or an animated film.

      (Added to NRS by 1997, 1314; A 1997, 2663)

      NRS 201.261  “Nudity” defined.  “Nudity” means:

      1.  The showing of the human female breast with less than a fully opaque covering of any portion of the areola and nipple;

      2.  The showing of the human male or female genitals or pubic area with less than a fully opaque covering of any portion thereof; or

      3.  The depiction of the human male genitals in a discernible turgid state whether or not covered.

      (Added to NRS by 1969, 513; A 1999, 1360)

      NRS 201.262  “Sado-masochistic abuse” defined.  “Sado-masochistic abuse” means:

      1.  Flagellation or torture practiced by or upon a person whether or not clad in undergarments, a mask or bizarre costume; or

      2.  The condition of being fettered, bound or otherwise physically restrained.

      (Added to NRS by 1969, 513; A 1981, 1689)

      NRS 201.263  “Sexual conduct” defined.  “Sexual conduct” means acts of masturbation, sexual penetration or physical contact with a person’s unclothed genitals or pubic area.

      (Added to NRS by 1969, 513; A 2013, 1155)

      NRS 201.264  “Sexual excitement” defined.  “Sexual excitement” means the condition of human male or female genitals in a state of sexual stimulation or arousal.

      (Added to NRS by 1969, 513)

      NRS 201.265  Unlawful acts; penalty.  Except as otherwise provided in NRS 200.720 and 201.2655, and unless a greater penalty is provided pursuant to NRS 201.560, a person is guilty of a misdemeanor if the person knowingly:

      1.  Distributes or causes to be distributed to a minor material that is harmful to minors, unless the person is the parent, guardian or spouse of the minor.

      2.  Exhibits for distribution to an adult in such a manner or location as to allow a minor to view or to have access to examine material that is harmful to minors, unless the person is the parent, guardian or spouse of the minor.

      3.  Sells to a minor an admission ticket or pass for or otherwise admits a minor for monetary consideration to any presentation of material that is harmful to minors, unless the minor is accompanied by his or her parent, guardian or spouse.

      4.  Misrepresents that he or she is the parent, guardian or spouse of a minor for the purpose of:

      (a) Distributing to the minor material that is harmful to minors; or

      (b) Obtaining admission of the minor to any presentation of material that is harmful to minors.

      5.  Misrepresents his or her age as 18 or over for the purpose of obtaining:

      (a) Material that is harmful to minors; or

      (b) Admission to any presentation of material that is harmful to minors.

      6.  Sells or rents motion pictures which contain material that is harmful to minors on the premises of a business establishment open to minors, unless the person creates an area within the establishment for the placement of the motion pictures and any material that advertises the sale or rental of the motion pictures which:

      (a) Prevents minors from observing the motion pictures or any material that advertises the sale or rental of the motion pictures; and

      (b) Is labeled, in a prominent and conspicuous location, “Adults Only.”

      (Added to NRS by 1969, 513; A 1971, 161, 495; 1981, 1689; 1995, 952; 1997, 1314, 2662; 2003, 430, 1375)

      NRS 201.2655  Exemptions.  The provisions of NRS 201.256 to 201.2655, inclusive, do not apply to:

      1.  A university, community college, school, museum or library which is operated by or which is under the direct control of this state or a political subdivision of this state; or

      2.  An employee or independent contractor of an institution listed in subsection 1, if the employee or independent contractor is acting within the scope of his or her employment or contractual relationship.

      (Added to NRS by 1997, 2662)

CRIMES AGAINST RELIGION

      NRS 201.270  Disturbing religious meetings; penalty.  Every person who shall willfully disturb, interrupt or disquiet any assemblage or congregation of people met for religious worship:

      1.  By noisy, rude or indecent behavior, profane discourse, either within the place where such meeting is held, or so near it as to disturb the order and solemnity of the meeting;

      2.  By exhibiting shows or plays, or promoting any racing of animals, or gaming of any description, or engaging in any boisterous or noisy amusement;

      3.  By disturbing in any manner, without authority of law within 1 mile thereof, free passage along a highway to the place of such meeting, or by maliciously cutting or otherwise injuring or disturbing a conveyance or other property belonging to any person in attendance upon such meeting; or

      4.  By menacing, threatening or assaulting any person therein,

Ê shall be guilty of a misdemeanor.

      [1911 C&P § 213; RL § 6478; NCL § 10161] + [1911 C&P § 332; RL § 6597; NCL § 10280]

      NRS 201.280  Selling liquor at camp meetings; penalty.  Every person who shall erect or keep a booth, tent, stall or other contrivance for the purpose of selling or otherwise disposing of any wine, or spirituous or fermented liquors, or any drink of which wine, spirituous or fermented liquors form a part, within 1 mile of any camp or field meeting for religious worship, during the time of holding such meeting, is guilty of a misdemeanor.

      [1911 C&P § 333; RL § 6598; NCL § 10281]—(NRS A 1967, 477)

DESECRATION OF FLAGS

      NRS 201.290  Penalty; exception.

      1.  Any person who, in any manner, for exhibition or display, puts or causes to be placed any inscription, design, device, symbol, portrait, name, advertisement, words, character, marks or notice, or sets or places any goods, wares and merchandise whatever upon any flag or ensign of the United States, or state flag of this State, or ensign, evidently purporting to be either of the flags or ensign, or who in any manner appends, annexes, or affixes to any such flag or ensign any inscription, design, device, symbol, portrait, name, advertisement, words, marks, notice or token whatever, or who displays or exhibits or causes to be displayed or exhibited any flag or ensign, evidently purporting to be either of the flags, upon which shall in any manner be put, attached, annexed or affixed any inscription, design, device, symbol, portrait, name, advertisement, words, marks, notice or token whatever, or who publicly or willfully mutilates, tramples upon, or who tears down or willfully and maliciously removes while owned by others, or defames, slanders, or speaks evilly or in a contemptuous manner of or otherwise defaces or defiles any of the flags, or ensign, which are public or private property, shall be deemed guilty of a misdemeanor.

      2.  This section shall not apply to flags or ensigns the property of or used in the service of the United States or of this State, upon which inscriptions, names of actions, words, marks or symbols are placed pursuant to law or authorized regulations.

      [1911 C&P § 338; A 1919, 438; 1919 RL § 6603; NCL § 10286]

PANDERING, PROSTITUTION AND DISORDERLY HOUSES

      NRS 201.295  Definitions.  As used in NRS 201.295 to 201.440, inclusive, unless the context otherwise requires:

      1.  “Adult” means a person 18 years of age or older.

      2.  “Child” means a person less than 18 years of age.

      3.  “Induce” means to persuade, encourage, inveigle or entice.

      4.  “Prostitute” means a male or female person who for a fee, monetary consideration or other thing of value engages in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person.

      5.  “Prostitution” means engaging in sexual conduct with another person in return for a fee, monetary consideration or other thing of value.

      6.  “Sexual conduct” means any of the acts enumerated in subsection 4.

      7.  “Transports” means to transport or cause to be transported, by any means of conveyance, into, through or across this State, or to aid or assist in obtaining such transportation.

      (Added to NRS by 1979, 302; A 1987, 2028; 1997, 295; 2009, 575; 2013, 2430)

      NRS 201.300  Pandering and sex trafficking: Definitions; penalties; exception.

      1.  A person who without physical force or the immediate threat of physical force, induces an adult to unlawfully become a prostitute or to continue to engage in prostitution, or to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution is guilty of pandering which is a category C felony and shall be punished as provided in NRS 193.130. This subsection does not apply to the customer of a prostitute.

      2.  A person:

      (a) Is guilty of sex trafficking if the person:

             (1) Induces, causes, recruits, harbors, transports, provides, obtains or maintains a child to engage in prostitution, or to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution;

             (2) Induces, recruits, harbors, transports, provides, obtains or maintains a person by any means, knowing, or in reckless disregard of the fact, that threats, violence, force, intimidation, fraud, duress or coercion will be used to cause the person to engage in prostitution, or to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution;

             (3) By threats, violence, force, intimidation, fraud, duress, coercion, by any device or scheme, or by abuse of any position of confidence or authority, or having legal charge, takes, places, harbors, induces, causes, compels or procures a person to engage in prostitution, or to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution; or

             (4) Takes or detains a person with the intent to compel the person by force, violence, threats or duress to marry him or her or any other person.

      (b) Who is found guilty of sex trafficking:

             (1) An adult is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

             (2) A child:

                   (I) If the child is less than 14 years of age when the offense is committed, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served, and may be further punished by a fine of not more than $20,000.

                   (II) If the child is at least 14 years of age but less than 16 years of age when the offense is committed, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served, and may be further punished by a fine of not more than $10,000.

                   (III) If the child is at least 16 years of age but less than 18 years of age when the offense is committed, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served, and may be further punished by a fine of not more than $10,000.

      3.  A court shall not grant probation to or suspend the sentence of a person convicted of sex trafficking a child pursuant to subsection 2.

      4.  Consent of a victim of pandering or sex trafficking to an act of prostitution is not a defense to a prosecution for any of the acts prohibited by this section.

      5.  In a prosecution for sex trafficking a child pursuant to subsection 2, it is not a defense that the defendant did not have knowledge of the victim’s age, nor is reasonable mistake of age a valid defense to a prosecution conducted pursuant to subsection 2.

      [1:233:1913; 1919 RL p. 3379; NCL § 10537]—(NRS A 1959, 7; 1967, 477; 1977, 1054; 1979, 1430; 1995, 1201; 1997, 295; 2013, 2430)

      NRS 201.310  Pandering: Placing spouse in brothel; penalties.  Repealed. (See chapter 426, Statutes of Nevada 2013, at page 2440.)

 

      NRS 201.320  Living from earnings of prostitute; penalty.

      1.  A person who knowingly accepts, receives, levies or appropriates any money or other valuable thing, without consideration, from the proceeds of any prostitute, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  Any such acceptance, receipt, levy or appropriation of money or valuable thing upon any proceedings or trial for violation of this section is presumptive evidence of lack of consideration.

      [3:233:1913; 1919 RL p. 3380; NCL § 10539]—(NRS A 1967, 478; 1979, 303; 1995, 1202)

      NRS 201.325  Power of court to order restitution.

      1.  In addition to any other penalty, the court may order a person convicted of a violation of any provision of NRS 201.300 or 201.320 to pay restitution to the victim as provided in subsection 2.

      2.  Restitution ordered pursuant to this section may include, without limitation:

      (a) The cost of medical and psychological treatment, including, without limitation, physical and occupational therapy and rehabilitation;

      (b) The cost of transportation, temporary housing and child care;

      (c) The return of property, the cost of repairing damaged property or the full value of the property if it is destroyed or damaged beyond repair;

      (d) Expenses incurred by a victim in relocating away from the defendant or his or her associates, if the expenses are verified by law enforcement to be necessary for the personal safety of the victim;

      (e) The cost of repatriation of the victim to his or her home country, if applicable; and

      (f) Any and all other losses suffered by the victim as a result of the violation of any provision of NRS 201.300 or 201.320.

      3.  The return of the victim to his or her home country or other absence of the victim from the jurisdiction does not prevent the victim from receiving restitution.

      4.  As used in this section, “victim” means any person:

      (a) Against whom a violation of any provision of NRS 201.300 or 201.320 has been committed; or

      (b) Who is the surviving child of such a person.

      (Added to NRS by 2013, 2430)

      NRS 201.330  Pandering: Detaining person in brothel because of debt; penalties.  Repealed. (See chapter 426, Statutes of Nevada 2013, at page 2440.)

 

      NRS 201.340  Pandering: Furnishing transportation; penalties.  Repealed. (See chapter 426, Statutes of Nevada 2013, at page 2440.)

 

      NRS 201.345  Attorney General has concurrent jurisdiction with district attorneys.

      1.  The Attorney General has concurrent jurisdiction with the district attorneys of the counties in this State to prosecute any violation of NRS 201.300 or 201.320.

      2.  When acting pursuant to this section, the Attorney General may commence an investigation and file a criminal action without leave of court and the Attorney General has exclusive charge of the conduct of the prosecution.

      (Added to NRS by 2013, 2429)

      NRS 201.350  Venue.  It shall not be a defense to a prosecution for any of the acts prohibited in NRS 201.300 or 201.320 that any part of such act or acts shall have been committed outside this state, and the offense shall in such case be deemed and alleged to have been committed, and the offender tried and punished, in any county in which the prostitution was consummated, or any overt act in furtherance of the offense shall have been committed.

      [6:233:1913; 1919 RL p. 3381; NCL § 10542]—(NRS A 2013, 2432)

      NRS 201.351  Forfeiture of assets; temporary restraining order to preserve property subject to forfeiture; use of proceeds derived from forfeiture.

      1.  All assets derived from or relating to any violation of NRS 201.300 or 201.320 are subject to forfeiture pursuant to NRS 179.121 and a proceeding for their forfeiture may be brought pursuant to NRS 179.1156 to 179.121, inclusive.

      2.  In any proceeding for forfeiture brought pursuant to NRS 179.1156 to 179.121, inclusive, the plaintiff may apply for, and a court may issue without notice or hearing, a temporary restraining order to preserve property which would be subject to forfeiture pursuant to this section if:

      (a) The forfeitable property is in the possession or control of the party against whom the order will be entered; and

      (b) The court determines that the nature of the property is such that it can be concealed, disposed of or placed beyond the jurisdiction of the court before a hearing on the matter.

      3.  A temporary restraining order which is issued without notice may be issued for not more than 30 days and may be extended only for good cause or by consent. The court shall provide notice and hold a hearing on the matter before the order expires.

      4.  Any proceeds derived from a forfeiture of property pursuant to this section and remaining after the distribution required by subsection 1 of NRS 179.118 must be deposited with the county treasurer and distributed to programs for the prevention of child prostitution or for services to victims which are designated to receive such distributions by the district attorney of the county.

      (Added to NRS by 2009, 574; A 2013, 2433)

      NRS 201.352  Additional fine for certain violations.

      1.  If a person is convicted of a violation of subsection 2 of NRS 201.300 or NRS 201.320, the victim of the violation is a child when the offense is committed and physical force or violence or the immediate threat of physical force or violence is used upon the child, the court may, in addition to the term of imprisonment prescribed by statute for the offense and any fine imposed pursuant to subsection 2, impose a fine of not more than $500,000.

      2.  If a person is convicted of a violation of subsection 2 of NRS 201.300 or NRS 201.320, the victim of the offense is a child when the offense is committed and the offense also involves a conspiracy to commit a violation of subsection 2 of NRS 201.300 or NRS 201.320, the court may, in addition to the punishment prescribed by statute for the offense of a provision of subsection 2 of NRS 201.300 or NRS 201.320 and any fine imposed pursuant to subsection 1, impose a fine of not more than $500,000.

      3.  The provisions of subsections 1 and 2 do not create a separate offense but provide an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.

      (Added to NRS by 2009, 574; A 2013, 2433)

      NRS 201.354  Engaging in prostitution or solicitation for prostitution: Penalty; exception.

      1.  It is unlawful for any person to engage in prostitution or solicitation therefor, except in a licensed house of prostitution.

      2.  Except as otherwise provided in subsection 3, a person who violates subsection 1 is guilty of a misdemeanor.

      3.  A person who violates subsection 1 by soliciting a child for prostitution is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      (Added to NRS by 1987, 2027; A 1991, 462; 2009, 1245)

      NRS 201.356  Test for exposure to human immunodeficiency virus required; payment of costs; notification of results of test.

      1.  Any person who is arrested for a violation of NRS 201.354 must submit to a test, approved by regulation of the State Board of Health, to detect exposure to the human immunodeficiency virus. The State Board of Health shall not approve a test for use that does not provide the arresting law enforcement agency with the results of the test within 30 days after a person submits to the test. If the person is convicted of a violation of NRS 201.354, the person shall pay the sum of $100 for the cost of the test.

      2.  The person performing the test shall immediately transmit the results of the test to the arresting law enforcement agency. If the results of the test are negative, the agency shall inform the court of that fact. If the results of the test are positive, the agency shall upon receipt:

      (a) Mail the results by certified mail, return receipt requested, to the person arrested at his or her last known address and place the returned receipt in the agency’s file; or

      (b) If the person arrested is in the custody of the agency, personally deliver the results to him or her and place an affidavit of service in the agency’s file.

Ê If before receiving the results pursuant to this subsection, the person arrested requests the agency to inform him or her of the results and the agency has received those results, the agency shall deliver the results to the person arrested, whether positive or negative, and place an affidavit of service in the agency’s file.

      3.  The court shall, when the person arrested is arraigned, order the person to reappear before the court 45 days after the arraignment to determine whether the person has received the results of the test. The court shall inform the person that the failure to appear at the appointed time will result in the issuance of a bench warrant, unless the order is rescinded pursuant to this subsection. If the court is informed by the agency that the results of the person’s test were negative, the court clerk shall rescind the order for reappearance and so notify the person. If, upon receiving notice from the agency that the results of the test were positive, the person notifies the court clerk in writing that he or she has received the results, the clerk shall inform the court and rescind the order for reappearance for that determination.

      4.  The court shall, upon the person’s reappearance ordered pursuant to subsection 3, ask the person whether he or she has received the results of the test. If the person answers that he or she has received them, the court shall note the person’s answer in the court records. If the person answers that he or she has not received them, the court shall have the results delivered to the person and direct that an affidavit of service be placed in the agency’s file.

      5.  If the person does not reappear as ordered and has not notified the court clerk of his or her receipt of the results of the test in the manner set forth in subsection 3, the court shall cause a bench warrant to be issued and that person arrested and brought before the court as upon contempt. The court shall also proceed in the manner set forth in subsection 4 to ensure that the person receives the results of the test.

      (Added to NRS by 1987, 2027; A 1989, 924)

      NRS 201.358  Engaging in prostitution or solicitation for prostitution after testing positive for exposure to human immunodeficiency virus: Penalty; definition.

      1.  A person who:

      (a) Violates NRS 201.354; or

      (b) Works as a prostitute in a licensed house of prostitution,

Ê after testing positive in a test approved by the State Board of Health for exposure to the human immunodeficiency virus and receiving notice of that fact is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      2.  As used in this section, “notice” means:

      (a) Actual notice; or

      (b) Notice received pursuant to NRS 201.356.

      (Added to NRS by 1987, 2027; A 1989, 589, 925; 1995, 1203)

      NRS 201.360  Placing person in house of prostitution; penalties.

      1.  A person who:

      (a) Places another in the charge or custody of a third person with the intent that the other person engage in prostitution or who compels the other person to reside with him or her or with any third person for purposes of prostitution, or who compels another person to reside in a house of prostitution;

      (b) Asks or receives any compensation, gratuity or reward, or promise thereof, for or on account of placing in a house of prostitution or elsewhere a person for the purpose of causing that person to cohabit with someone who is not the person’s spouse;

      (c) Gives, offers or promises any compensation, gratuity or reward, to procure a person to engage in any act of prostitution in any house of prostitution, or elsewhere, against the person’s will;

      (d) Is the spouse, parent, guardian or other legal custodian of a person under the age of 18 and permits, connives at or consents to the minor’s being or remaining in any house of prostitution;

      (e) Lives with or accepts any earnings of a common prostitute, or entices or solicits a person to go to a house of prostitution to engage in sexual conduct with a common prostitute;

      (f) Decoys, entices, procures or in any manner induces a person to become a prostitute or to become an inmate of a house of prostitution, for purposes of prostitution, or for purposes of employment, or for any purpose whatever, when that person does not know that the house is one of prostitution; or

      (g) Decoys, entices, procures or in any manner induces a person, under the age of 21 years, to go into or visit, upon any pretext or for any purpose whatever, any house of ill fame or prostitution, or any room or place inhabited or frequented by any prostitute, or used for purposes of prostitution,

Ê is guilty of a felony.

      2.  A person who violates the provisions of subsection 1 shall be punished:

      (a) Where physical force or the immediate threat of physical force is used upon the other person, for a category C felony as provided in NRS 193.130.

      (b) Where no physical force or immediate threat of physical force is used, for a category D felony as provided in NRS 193.130.

      [1911 C&P § 180; RL § 6445; NCL § 10127]—(NRS A 1967, 479; 1979, 303, 1432; 1995, 1203)

      NRS 201.380  Restriction on location of houses of ill fame; penalty.

      1.  It shall be unlawful for any owner, or agent of any owner, or any other person to keep any house of ill fame, or to let or rent to any person whatever, for any length of time whatever, to be kept or used as a house of ill fame, or resort for the purposes of prostitution, any house, room or structure situated within 400 yards of any schoolhouse or schoolroom used by any public or common school in the State of Nevada, or within 400 yards of any church, edifice, building or structure erected for and used for devotional services or religious worship in this state.

      2.  Any person violating the provisions of subsection 1 shall be punished by a fine of not more than $500.

      [419:63:1947; 1943 NCL § 6084.429] + [420:63:1947; 1943 NCL § 6084.430] + [1911 C&P § 245; RL § 6510; NCL § 10193] + [1911 C&P § 247; RL § 6512; NCL § 10195]—(NRS A 1967, 480)

      NRS 201.390  Property on principal business streets not to be rented for purposes of prostitution; penalty.

      1.  It is unlawful for any owner or agent of any owner or any other person to keep, let or rent for any length of time, or at all, any house fronting on the principal business street or thoroughfare of any of the towns of this state, for the purpose of prostitution or to make or use any entrance or exit way to any house of prostitution from the principal business street or thoroughfare of any of the towns of this state.

      2.  Any person violating the provisions of subsection 1 shall be punished by a fine of not more than $500.

      [1911 C&P § 246; RL § 6511; NCL § 10194] + [1911 C&P § 247; RL § 6512; NCL § 10195]—(NRS A 1967, 481; 1979, 304)

      NRS 201.400  General reputation competent evidence.  In the trial of all cases arising under the provisions of NRS 201.380 and 201.390, evidence of general reputation is competent evidence as to the question of the ill fame of any house alleged to be so kept, and to the question of the ill fame of any person.

      [1911 C&P § 248; RL § 6513; NCL § 10196]—(NRS A 1979, 304)

      NRS 201.410  Duties of sheriff and district attorney; failure to act; penalty.  The district attorney and sheriff of each county in this state shall see that the provisions of NRS 201.380 are strictly enforced and carried into effect, and upon neglect so to do, they, or either of them, shall be deemed guilty of a misdemeanor in office and may be proceeded against by accusation as provided in chapter 283 of NRS.

      [421:63:1947; 1943 NCL § 6084.431]

      NRS 201.420  Keeping disorderly house; penalty.  Any person who shall keep any disorderly house, or any house of public resort, by which the peace, comfort or decency of the immediate neighborhood, or of any family thereof, is habitually disturbed, or who shall keep any inn in a disorderly manner, is guilty of a misdemeanor.

      [1911 C&P § 219; RL § 6484; NCL § 10166]—(NRS A 1967, 481)

      NRS 201.430  Unlawful advertising of prostitution; penalties.

      1.  It is unlawful for any person engaged in conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, or any owner, operator, agent or employee of a house of prostitution, or anyone acting on behalf of any such person, to advertise the unlawful conduct or any house of prostitution:

      (a) In any public theater, on the public streets of any city or town, or on any public highway; or

      (b) In any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute.

      2.  It is unlawful for any person knowingly to prepare or print an advertisement concerning a house of prostitution not licensed for that purpose pursuant to NRS 244.345, or conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, in any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute.

      3.  Inclusion in any display, handbill or publication of the address, location or telephone number of a house of prostitution or of identification of a means of transportation to such a house, or of directions telling how to obtain any such information, constitutes prima facie evidence of advertising for the purposes of this section.

      4.  Any person, company, association or corporation violating the provisions of this section shall be punished:

      (a) For the first violation within a 3-year period, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.

      (b) For a second violation within a 3-year period, by imprisonment in the county jail for not less than 30 days nor more than 6 months, and by a fine of not less than $250 nor more than $1,000.

      (c) For a third or subsequent violation within a 3-year period, by imprisonment in the county jail for 6 months and by a fine of not less than $250 nor more than $1,000.

      [1:109:1913; 1919 RL p. 3379; NCL § 10535]—(NRS A 1967, 481; 1979, 305, 604; 1995, 2299)

      NRS 201.440  Unlawful to permit illegal advertising of houses of prostitution; penalties.

      1.  In any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute, it is unlawful for any person, company, association or corporation knowingly to allow any person engaged in conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, or any owner, operator, agent or employee of a house of prostitution, or anyone acting on behalf of any such person, to advertise a house of prostitution in his or her place of business.

      2.  Any person, company, association or corporation that violates the provisions of this section shall be punished:

      (a) For the first violation within a 3-year period, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.

      (b) For a second violation within a 3-year period, by imprisonment in the county jail for not less than 30 days nor more than 6 months, and by a fine of not less than $250 nor more than $1,000.

      (c) For a third or subsequent violation within a 3-year period, by imprisonment in the county jail for 6 months and by a fine of not less than $250 nor more than $1,000.

      [2:109:1913; 1919 RL p. 3379; NCL § 10536]—(NRS A 1967, 481; 1979, 305, 605; 1995, 2300)

SEXUAL PENETRATION OF DEAD HUMAN BODY

      NRS 201.450  Unlawful act; penalty.

      1.  A person who commits a sexual penetration on the dead body of a human being is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served, and shall be further punished by a fine of not more than $20,000.

      2.  For the purposes of this section, “sexual penetration” means cunnilingus, fellatio or any intrusion, however slight, of any part of a person’s body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including, without limitation, sexual intercourse in what would be its ordinary meaning if practiced upon the living.

      (Added to NRS by 1983, 344; A 1991, 1010; 1995, 1204; 1997, 2503, 3190; 2005, 2878)

SALE OF HUMAN ORGAN FOR TRANSPLANTATION

      NRS 201.460  Sale, acquisition, receipt or transfer for consideration of human organ for transplantation prohibited; penalty.

      1.  A person shall not knowingly sell, acquire, receive or otherwise transfer for valuable consideration any human organ for use in human transplantation.

      2.  As used in this section:

      (a) “Human organ” includes the human kidney, liver, heart, lung, bone marrow and any other part of the human body except blood.

      (b) “Valuable consideration” does not include the reasonable payments associated with the removal, transportation, implantation, processing, preservation, quality control or storage of a human organ or the expenses of travel, housing and lost wages incurred by the donor in connection with the donation of a human organ.

      3.  Any person who violates this section is guilty of a misdemeanor.

      (Added to NRS by 1987, 1498)

SEXUAL CONDUCT WITH PUPILS AND STUDENTS

      NRS 201.470  Definitions.  As used in NRS 201.470 to 201.550, inclusive, unless the context otherwise requires, the words and terms defined in NRS 201.480 to 201.530, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1997, 2522)

      NRS 201.480  “College” defined.  “College” means a college or community college which is privately owned or which is part of the Nevada System of Higher Education.

      (Added to NRS by 1997, 2522)

      NRS 201.490  “Private school” defined.  “Private school” has the meaning ascribed to it in NRS 394.103.

      (Added to NRS by 1997, 2522)

      NRS 201.500  “Public school” defined.  “Public school” has the meaning ascribed to it in NRS 385.007.

      (Added to NRS by 1997, 2522)

      NRS 201.510  “Sado-masochistic abuse” defined.  “Sado-masochistic abuse” has the meaning ascribed to it in NRS 201.262.

      (Added to NRS by 1997, 2522)

      NRS 201.520  “Sexual conduct” defined.  “Sexual conduct” means:

      1.  Ordinary sexual intercourse;

      2.  Anal intercourse;

      3.  Fellatio, cunnilingus or other oral-genital contact;

      4.  Physical contact by a person with the unclothed genitals or pubic area of another person for the purpose of arousing or gratifying the sexual desire of either person;

      5.  Penetration, however slight, by a person of an object into the genital or anal opening of the body of another person for the purpose of arousing or gratifying the sexual desire of either person;

      6.  Masturbation or the lewd exhibition of unclothed genitals; or

      7.  Sado-masochistic abuse.

      (Added to NRS by 1997, 2522)

      NRS 201.530  “University” defined.  “University” means a university which is privately owned or which is part of the Nevada System of Higher Education.

      (Added to NRS by 1997, 2522)

      NRS 201.540  Sexual conduct between certain employees of school or volunteers at school and pupil: Penalty; exception.

      1.  Except as otherwise provided in subsection 4, a person who:

      (a) Is 21 years of age or older;

      (b) Is or was employed in a position of authority by a public school or private school or is or was volunteering in a position of authority at a public or private school; and

      (c) Engages in sexual conduct with a pupil who is 16 or 17 years of age and:

             (1) Who is or was enrolled in or attending the public school or private school at which the person is or was employed or volunteering; or

             (2) With whom the person has had contact in the course of performing his or her duties as an employee or volunteer,

Ê is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      2.  Except as otherwise provided in subsection 4, a person who:

      (a) Is 21 years of age or older;

      (b) Is or was employed in a position of authority by a public school or private school or is or was volunteering in a position of authority at a public or private school; and

      (c) Engages in sexual conduct with a pupil who is 14 or 15 years of age and:

             (1) Who is or was enrolled in or attending the public school or private school at which the person is or was employed or volunteering; or

             (2) With whom the person has had contact in the course of performing his or her duties as an employee or volunteer,

Ê is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      3.  For the purposes of subsections 1 and 2, a person shall be deemed to be or have been employed in a position of authority by a public school or private school or deemed to be or have been volunteering in a position of authority at a public or private school if the person is or was employed or volunteering as:

      (a) A teacher or instructor;

      (b) An administrator;

      (c) A head or assistant coach; or

      (d) A teacher’s aide or an auxiliary, nonprofessional employee who assists licensed personnel in the instruction or supervision of pupils pursuant to NRS 391.100.

      4.  The provisions of this section do not apply to a person who is married to the pupil.

      (Added to NRS by 1997, 2522; A 2001, 703; 2013, 2098)

      NRS 201.550  Sexual conduct between certain employees of college or university and student: Penalty; exception.

      1.  Except as otherwise provided in subsection 3, a person who:

      (a) Is 21 years of age or older;

      (b) Is employed in a position of authority by a college or university; and

      (c) Engages in sexual conduct with a student who is 16 or 17 years of age and who is enrolled in or attending the college or university at which the person is employed,

Ê is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      2.  For the purposes of subsection 1, a person shall be deemed to be employed in a position of authority by a college or university if the person is employed as:

      (a) A teacher, instructor or professor;

      (b) An administrator; or

      (c) A head or assistant coach.

      3.  The provisions of this section do not apply to a person who is married to the student.

      (Added to NRS by 1997, 2523)

LURING CHILDREN OR PERSONS WITH MENTAL ILLNESS

      NRS 201.560  Definitions; exceptions; penalties.

      1.  Except as otherwise provided in subsection 3, a person commits the crime of luring a child if the person knowingly contacts or communicates with or attempts to contact or communicate with:

      (a) A child who is less than 16 years of age and who is at least 5 years younger than the person with the intent to persuade, lure or transport the child away from the child’s home or from any location known to the child’s parent or guardian or other person legally responsible for the child to a place other than where the child is located, for any purpose:

             (1) Without the express consent of the parent or guardian or other person legally responsible for the child; and

             (2) With the intent to avoid the consent of the parent or guardian or other person legally responsible for the child; or

      (b) Another person whom he or she believes to be a child who is less than 16 years of age and at least 5 years younger than he or she is, regardless of the actual age of that other person, with the intent to solicit, persuade or lure the person to engage in sexual conduct.

      2.  Except as otherwise provided in subsection 3, a person commits the crime of luring a person with mental illness if the person knowingly contacts or communicates with a person with mental illness with the intent to persuade, lure or transport the person with mental illness away from his or her home or from any location known to any person legally responsible for the person with mental illness to a place other than where the person with mental illness is located:

      (a) For any purpose that a reasonable person under the circumstances would know would endanger the health, safety or welfare of the person with mental illness;

      (b) Without the express consent of the person legally responsible for the person with mental illness; and

      (c) With the intent to avoid the consent of the person legally responsible for the person with mental illness.

      3.  The provisions of this section do not apply if the contact or communication is made or attempted with the intent to prevent imminent bodily, emotional or psychological harm to the child, person believed to be a child or person with mental illness.

      4.  A person who violates or attempts to violate the provisions of this section through the use of a computer, system or network:

      (a) With the intent to engage in sexual conduct with the child, person believed to be a child or person with mental illness or to cause the child, person believed to be a child or person with mental illness to engage in sexual conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and may be further punished by a fine of not more than $10,000;

      (b) By providing the child, person believed to be a child or person with mental illness with material that is harmful to minors or requesting the child, person believed to be a child or person with mental illness to provide the person with material that is harmful to minors, is guilty of a category C felony and shall be punished as provided in NRS 193.130; or

      (c) If paragraph (a) or (b) does not apply, is guilty of a gross misdemeanor.

      5.  A person who violates or attempts to violate the provisions of this section in a manner other than through the use of a computer, system or network:

      (a) With the intent to engage in sexual conduct with the child, person believed to be a child or person with mental illness or to cause the child, person believed to be a child or person with mental illness to engage in sexual conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and may be further punished by a fine of not more than $10,000;

      (b) By providing the child, person believed to be a child or person with mental illness with material that is harmful to minors or requesting the child, person believed to be a child or person with mental illness to provide the person with material that is harmful to minors, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and may be further punished by a fine of not more than $10,000; or

      (c) If paragraph (a) or (b) does not apply, is guilty of a gross misdemeanor.

      6.  As used in this section:

      (a) “Computer” has the meaning ascribed to it in NRS 205.4735.

      (b) “Harmful to minors” has the meaning ascribed to it in NRS 201.257.

      (c) “Material” means anything that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or in any other manner.

      (d) “Network” has the meaning ascribed to it in NRS 205.4745.

      (e) “Person with mental illness” means a person who has any mental dysfunction leading to impaired ability to maintain himself or herself and to function effectively in his or her life situation without external support.

      (f) “Sexual conduct” has the meaning ascribed to it in NRS 201.520.

      (g) “System” has the meaning ascribed to it in NRS 205.476.

      (Added to NRS by 2001, 2786; A 2003, 431, 1376; 2007, 183; 2013, 1155)

CRIMINAL GANG RECRUITMENT

      NRS 201.570  Definition; penalty.

      1.  An adult commits the crime of criminal gang recruitment if the adult uses or threatens to use physical violence against a child or against another person, or causes or threatens to cause damage to the property of the child or the property of another person, with the specific intent to coerce, induce or solicit the child:

      (a) To become a member of a criminal gang;

      (b) To remain a member of a criminal gang and not withdraw or disassociate from the criminal gang; or

      (c) To rejoin a criminal gang of which the child is no longer a member or from which the child has withdrawn or disassociated.

      2.  An adult who commits the crime of criminal gang recruitment is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      3.  As used in this section:

      (a) “Adult” means a person who is 18 years of age or older.

      (b) “Child” means a person who is less than 18 years of age.

      (c) “Criminal gang” has the meaning ascribed to it in NRS 193.168.

      (Added to NRS by 2009, 417)