AN ACT relating to crimes; expanding certain prohibitions relating to pornography involving minors; revising the penalties for certain crimes relating to pornography involving minors; and providing other matters properly relating thereto.

Existing law provides that a person who knowingly prepares, advertises or distributes any item or material that depicts a minor engaging in or simulating, or assisting others to engage in or simulate, sexual conduct is guilty of a category B felony, punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 15 years, or by a fine of not more than $15,000 or both. (NRS 200.725) Section 2 of this bill expands this prohibition to include computer-generated child pornography. Section 2 also revises the applicable criminal penalties by: (1) providing that a person who is found guilty of a second or subsequent violation is guilty of a category A felony, punishable by imprisonment in the state prison for a minimum term of not less than 10 years and a maximum term of life with the possibility of parole; and (2) providing that a person who is found guilty of a violation of section 2 may not be convicted of a violation of section 3 of this bill for possessing the same material. Existing law provides that a person who knowingly and willfully has in his or her possession any film, photograph or other visual presentation depicting a person under the age of 16 years as the subject of a sexual portrayal or engaging in, simulating or assisting others to engage in or simulate, sexual conduct is guilty of: (1) a category B felony for the first offense; and (2) a category A felony for any subsequent offense. (NRS 200.730) Section 3 expands this prohibition to include computer-generated child pornography. Existing law requires a person convicted of a sexual offense to register as a sex offender and comply with certain other requirements. (NRS 179D.441, 179D.445, 179D.460) Existing law defines the term sexual offense for the purposes of these requirements to include any offense involving pornography and a minor. (NRS 179D.097) Because sections 2 and 3 expand the applicability of offenses involving pornography and a minor, sections 2 and 3 have the effect of requiring a person convicted of a violation of section 2 or 3 to: (1) register as a sex offender under certain circumstances; and (2) comply with certain other requirements applicable to sex offenders. Section 1 of this bill defines certain terms for the purposes of sections 2 and 3. Section 4 of this bill makes a conforming change that is necessary to reflect the revision to the organization of existing law made by section 3.