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- 83rd Session (2025)
Assembly Bill No. 35–Committee on Judiciary
CHAPTER..........
AN ACT relating to crimes; establishing the preferred manner of
referring to items or materials that depict or describe a minor
engaging in certain sexual conduct; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Sections 30 and 31 of this bill establish the preferred manner of referring to
items or materials that depict or describe a minor as the subject of a sexual
portrayal or engaging in or simulating, or assisting others to engage in or simulate,
sexual conduct in the Nevada Revised Statutes and the Nevada Administrative
Code. Sections 6-29 and 32-37 of this bill make conforming changes to replace
words and terms that are not preferred for use in the Nevada Revised Statutes,
including the term “child pornography” and various related terms, with the term
“child sexual abuse material” in accordance with section 30.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-5. (Deleted by amendment.)
Sec. 6. NRS 202.876 is hereby amended to read as follows:
202.876 “Violent or sexual offense” mea ns any act that, if
prosecuted in this State, would constitute any of the following
offenses:
1. Murder or voluntary manslaughter pursuant to NRS 200.010
to 200.260, inclusive.
2. Mayhem pursuant to NRS 200.280.
3. Kidnapping pursuant to NRS 200.310 to 200.340, inclusive.
4. Sexual assault pursuant to NRS 200.366.
5. Robbery pursuant to NRS 200.380.
6. Administering poison or another noxious or destructive
substance or liquid with intent to cause death pursuant to
NRS 200.390.
7. Battery with intent to commit a crime pursuant to
NRS 200.400.
8. Administering a drug or controlled substance to another
person with the intent to enable or assist the commission of a felony
or crime of violence pursuant to NRS 200.405 or 200.408.
9. False imprisonment pursuant to NRS 200.460 if the false
imprisonment involves the use or threatened use of force or violence
against the victim or the use or threatened use of a firearm or a
deadly weapon.
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10. Assault with a deadly weapon pursuant to NRS 200.471.
11. Battery which is committed with the use of a deadly
weapon or which results in substantial bodily harm as described in
NRS 200.481 or battery which is committed by strangulation as
described in NRS 200.481 or 200.485.
12. An offense invo lving [pornography and a minor ] child
sexual abuse material pursuant to NRS 200.710 [or 200.720. ] to
200.730, inclusive.
13. Open or gross lewdness pursuant to NRS 201.210.
14. Lewdness with a child pursuant to NRS 201.230.
15. An offense involving pandering or sex trafficking in
violation of NRS 201.300, prostitution in violation of NRS 201.320
or advancing prostitution in violation of NRS 201.395.
16. Coercion pursuant to NRS 207.190, if the coercion
involves the use or threatened use of force or violence against the
victim or the use or threatened use of a firearm or a deadly weapon.
17. An attempt, conspiracy or solicitation to commit an offense
listed in this section.
Sec. 7. NRS 50.700 is hereby amended to read as follows:
50.700 1. In any criminal or juvenile delinquency action
relating to the commission of a sexual offense, a court may not order
the victim of or a witness to the sexual offense to take or submit to a
psychological or psychiatric examination.
2. The court may exclude the testimony of a licensed
psychologist, psychiatrist or clinical social worker who performed a
psychological or psychiatric examination on the victim or witness if:
(a) There is a prima facie showing of a compelling need for an
additional psychological or psychiatric examination of the victim or
witness by a licensed psychologist, psychiatrist or clinical social
worker; and
(b) The victim or witness refuses to submit to an additional
psychological or psychiatric examination by a licensed psychologist,
psychiatrist or clinical social worker.
3. In determining whether there is a prima facie showing of a
compelling need for an additional psychological or psychiatric
examination of the victim or witness pursuant to subsectio n 2, the
court must consider whether:
(a) There is a reasonable basis for believing that the mental or
emotional state of the victim or witness may have affected his or her
ability to perceive and relate events relevant to the criminal
prosecution; and
(b) Any corroboration of the offense exists beyond the
testimony of the victim or witness.
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4. If the court determines there is a prima facie showing of a
compelling need for an additional psychological or psychiatric
examination of the victim or witness, the court shall issue a factual
finding that details with particularity the reasons why an additional
psychological or psychiatric examination of the victim or witness is
warranted.
5. If the court issues a factual finding pursuant to subsection 4
and the victim or witness consents to an additional psychological or
psychiatric examination, the court shall set the parameters for the
examination consistent with the purpose of determining the ability
of the victim or witness to perceive and relate events rel evant to the
criminal prosecution.
6. As used in this section, “sexual offense” includes, without
limitation:
(a) An offense that is found to be sexually motivated pursuant to
NRS 175.547 or 207.193;
(b) Sexual assault pursuant to NRS 200.366;
(c) Statutory sexual seduction pursuant to NRS 200.368;
(d) Battery with intent to commit sexual assault pursuant to
NRS 200.400;
(e) Abuse of a child pursuant to NRS 200.508, if the abuse
involved sexual abuse or sexual exploitation;
(f) An offense involving [pornography and a minor ] child
sexual abuse material pursuant to NRS 200.710 to 200.730,
inclusive;
(g) Fertility fraud pursuant to paragraph (a) of subsection 1 of
NRS 200.975;
(h) Incest pursuant to NRS 201.180;
(i) Open or gross lewdness pursuant to NRS 201.210;
(j) Indecent or obscene exposure pursuant to NRS 201.220;
(k) Lewdness with a child pursuant to NRS 201.230;
(l) Pandering or sex trafficking of a child pursuant to
NRS 201.300;
(m) An offense involving the administration of a drug to another
person with the intent to enable or assist the commission of a felony
pursuant to NRS 200.405, if the felony is an offense listed in this
section;
(n) An offense involving the administration of a controlled
substance to another person with the int ent to enable or assist the
commission of a crime of violence pursuant to NRS 200.408, if the
crime of violence is an offense listed in this section;
(o) Sexual penetration of a dead human body pursuant to
NRS 201.450;
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(p) A violation of NRS 201.553;
(q) Luring a child or a person with mental illness pursuant to
NRS 201.560;
(r) Any other offense that has an element involving a sexual act
or sexual conduct with another person; or
(s) Any attempt or conspiracy to commit an offense listed in this
subsection.
Sec. 8. NRS 62B.270 is hereby amended to read as follows:
62B.270 1. A public institution or agency to which a juvenile
court commits a child or the licensing authority of a private
institution to which a juvenile court commits a child, including,
without limitation, a facility for the detention of children, shall
secure from appropriate law enforcement agencies information on
the background and personal history of each employee of the
institution or agency to determine:
(a) Whether the employee has been convicted of:
(1) Murder, voluntary manslaughter, involuntary
manslaughter or mayhem;
(2) Any other felony involving the use or threatened use of
force or violence or the use of a firearm or other deadly weapon;
(3) Assault with intent to kill or to commit sexual assault or
mayhem;
(4) Battery which results in substantial bodily harm to the
victim;
(5) Battery that constitutes domestic violence that is
punishable as a felony;
(6) Battery that constitutes domestic violence, other than a
battery described in subparagraph (5), within the immediately
preceding 3 years;
(7) Sexual assault, statutory sexual seduction, incest,
lewdness, indecent exposure, an offense involving [pornography and
a minor] child sexual abuse material or any other sexually related
crime;
(8) A crime involving pandering or prostitution, including,
without limitation, a violation of any provision of NRS 201.295 to
201.440, inclusive, other than a violation of NRS 201.353 or
201.354 by engaging in prostitution;
(9) Abuse or neglect of a child, including, without limitation,
a violation of any provision of NRS 200.508 or 200.5083;
(10) A violation of any federal or state law regulating the
possession, distribution or use of any contr olled substance or any
dangerous drug as defined in chapter 454 of NRS within the
immediately preceding 3 years;
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(11) A violation of any federal or state law prohibiting
driving or being in actual physical control of a vehicle while under
the influence of intoxicating liquor or a controlled substance that is
punishable as a felony;
(12) A violation of any federal or state law prohibiting
driving or being in actual physical control of a vehicle while under
the influence of intoxicating liquor or a contro lled substance, other
than a violation described in subparagraph (11), within the
immediately preceding 3 years;
(13) Abuse, neglect, exploitation, isolation or abandonment
of older persons or vulnerable persons, including, without
limitation, a violatio n of any provision of NRS 200.5091 to
200.50995, inclusive, or a law of any other jurisdiction that
prohibits the same or similar conduct; or
(14) Any offense involving arson, fraud, theft,
embezzlement, burglary, robbery, fraudulent conversion,
misappropriation of property or perjury within the immediately
preceding 7 years; or
(b) Whether there are criminal charges pending against the
employee for a crime listed in paragraph (a).
2. An employee of the public or private institution or agency
must subm it to the public institution or agency or the licensing
authority, as applicable, a complete set of fingerprints and written
authorization to forward those fingerprints to the Central Repository
for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report.
3. The public institution or agency or the licensing authority, as
applicable, may exchange with the Central Repository or the Federal
Bureau of Investigation any information concerning the fingerprints
submitted.
4. The public institution or agency or the licensing authority, as
applicable, may charge an employee investigated pursuant to this
section for the reasonable cost of that investigation.
5. When a report from the Federal Bureau of Investigation is
received by the Central Repository, the Central Repository shall
immediately forward a copy of the report to the public institution or
agency or the licensing authority, as applicable, for a determination
of whether the employee has criminal charges pe nding against him
or her for a crime listed in paragraph (a) of subsection 1 or has been
convicted of a crime listed in paragraph (a) of subsection 1.
6. A person who is required to submit to an investigation
required pursuant to this section shall not h ave contact with a child
without supervision in a public or private institution or agency to
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which a juvenile court commits a child, including, without
limitation, a facility for the detention of children, before the
investigation of the background and per sonal history of the person
has been conducted.
7. The public institution or agency or the licensing authority, as
applicable, shall conduct an investigation of each employee of the
institution or agency pursuant to this section at least once every 5
years after the initial investigation.
8. For the purposes of this section, the period during which
criminal charges are pending against an employee for a crime listed
in paragraph (a) of subsection 1 begins when the employee is
arrested for such a crime and ends when:
(a) A determination is made as to the guilt or innocence of the
employee with regard to such a crime at a trial or by a plea; or
(b) The prosecuting attorney makes a determination to:
(1) Decline charging the employee with a crime listed i n
paragraph (a) of subsection 1; or
(2) Proceed with charges against the employee for only one
or more crimes not listed in paragraph (a) of subsection 1.
Sec. 9. NRS 62C.120 is hereby amended to read as follows:
62C.120 1. If a petition filed pursuant to the provisions of
this title contains allegations that a child committed an unlawful act
which would have been a sexual offense if committed by an adult or
which involved the use or threatened use of force or violence against
the victim, the district attorney shall provide to the victim and, if the
victim is less than 18 years of age, to the parent or guardian of the
victim, as soon as practicable after the petition is filed,
documentation that includes:
(a) A form advising the victim and the parent or guardian of the
victim of their rights pursuant to the provisions of this title; and
(b) The form or procedure that must be used to request
disclosure pursuant to NRS 62D.440.
2. As used in this section, “sexual offense” means:
(a) Sexual assault pursuant to NRS 200.366;
(b) Battery with intent to commit sexual assault pursuant to
NRS 200.400;
(c) An offense involving [pornography and a minor ] child
sexual abuse material pursuant to NRS 200.710 to 200.730,
inclusive;
(d) Open or gross lewdness pursuant to NRS 201.210;
(e) Indecent or obscene exposure pursuant to NRS 201.220;
(f) Lewdness with a child pursuant to NRS 201.230;
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(g) Sexual penetration of a dead human body pursuant to
NRS 201.450;
(h) Luring a child or person with mental illness pursuant to NRS
201.560, if punishable as a felony; or
(i) An attempt to commit an offense listed in this subsection.
Sec. 10. NRS 62F.100 is hereby amended to read as follows:
62F.100 As used in NRS 62F.100 to 62F.150, inclusive, unless
the context otherwise requires, “sexual offense” means:
1. Sexual assault pursuant to NRS 200.366;
2. Battery with intent to commit sexual assault pursuant to
NRS 200.400;
3. An offense involvi ng [pornography and a minor ] child
sexual abuse material pursuant to NRS 200.710 to 200.730,
inclusive;
4. Open or gross lewdness pursuant to NRS 201.210, if
punishable as a felony;
5. Indecent or obscene exposure pursuant to NRS 201.220, if
punishable as a felony;
6. Lewdness with a child pursuant to NRS 201.230;
7. Sexual penetration of a dead human body pursuant to
NRS 201.450;
8. Luring a child or person with mental illness pursuant to NRS
201.560, if punishable as a felony; or
9. An attempt to commit an offense listed in this section, if
punishable as a felony.
Sec. 11. NRS 62F.225 is hereby amended to read as follows:
62F.225 1. “Sexual offense” means:
(a) Sexual assault pursuant to NRS 200.366;
(b) An offense involving [pornography and a minor ] child
sexual abuse material pursuant to NRS 200.710 to 200.730,
inclusive;
(c) Lewdness with a child pursuant to NRS 201.230;
(d) An attempt or conspiracy to commit an offense listed in
paragraph (a), (b) or (c), if punishable as a felony;
(e) An offense that is determined to be sexually motivated
pursuant to NRS 175.547 or 207.193; or
(f) An aggravated sexual offense.
2. The term does not include an offense involving consensual
sexual conduct if the victim was:
(a) An adult, unless the adult was under the custodial authority
of the offender at the time of the offense; or
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(b) At least 13 years of age and the offender was not more than
4 years older than the victim at the time of the commission of the
offense.
Sec. 12. NRS 62G.223 is hereby amended to read as follows:
62G.223 1. A department of juvenile justice services shall
secure from appropriate law enforcement agencies information on
the background and personal history of each applicant for
employment with the department of juvenile justice services, and
each employee of the department of juvenile justice services, to
determine:
(a) Whether the applicant or employee has been convicted of:
(1) Murder, voluntary manslaughter, involuntary
manslaughter or mayhem;
(2) Any felony involving the use or threatened use of force or
violence or the use of a firearm or other deadly weapon;
(3) Assault with intent to kill or to commit sexual assault or
mayhem;
(4) Battery which results in substantial bodily harm to the
victim;
(5) Battery that constitutes domestic violence that is
punishable as a felony;
(6) Battery that constitutes domestic violence, other than a
battery described in subparagraph (5), with in the immediately
preceding 3 years;
(7) Sexual assault, statutory sexual seduction, incest,
lewdness, indecent exposure or an offense involving [pornography
and a minor;] child sexual abuse material;
(8) A crime involving pandering or prostitution, i ncluding,
without limitation, a violation of any provision of NRS 201.295 to
201.440, inclusive;
(9) Abuse or neglect of a child, including, without limitation,
a violation of any provision of NRS 200.508 or 200.5083 or
contributory delinquency;
(10) A violation of any federal or state law regulating the
possession, distribution or use of any controlled substance or any
dangerous drug as defined in chapter 454 of NRS;
(11) A violation of any federal or state law prohibiting
driving or being in actual physical control of a vehicle while under
the influence of intoxicating liquor or a controlled substance that is
punishable as a felony;
(12) A violation of any federal or state law prohibiting
driving or being in actual physical control of a vehicle whi le under
the influence of intoxicating liquor or a controlled substance, other
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than a violation described in subparagraph (11), within the
immediately preceding 3 years;
(13) Abuse, neglect, exploitation, isolation or abandonment
of older persons or vuln erable persons, including, without
limitation, a violation of any provision of NRS 200.5091 to
200.50995, inclusive, or a law of any other jurisdiction that
prohibits the same or similar conduct; or
(14) Any offense involving arson, fraud, theft,
embezzlement, burglary, robbery, fraudulent conversion,
misappropriation of property or perjury within the immediately
preceding 7 years; or
(b) Whether there are criminal charges pending against the
applicant or employee for a violation of an offense listed in
paragraph (a).
2. A department of juvenile justice services shall request
information from:
(a) The Statewide Central Registry concerning an applicant for
employment with the department of juvenile justice services, or an
employee of the department of juvenile justice services, to
determine whether there has been a substantiated report of child
abuse or neglect made against the applicant or employee; and
(b) The central registry of information concerning the abuse or
neglect of a child established by any other state in which the
applicant or employee resided within the immediately preceding 5
years to ensure satisfactory clearance with that registry.
3. Each applicant for employment with the department of
juvenile justice services, and each employee of the department of
juvenile justice services, must submit to the department of juvenile
justice services:
(a) A complete set of his or her fingerprints and written
authorization to forward those fingerprints to the Central Repository
for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report; and
(b) Written authorization for the department of juvenile justice
services to obtain any information that may be available from the
Statewide Central Registry or the central registry of information
concerning the abuse or neglect of a child established by any other
state in which the applicant or employee resided within the
immediately preceding 5 years.
4. The department of juvenile justice services may exchange
with the Central Repository or the Federal Bureau of Investigation
any information concerning the fingerprints submitted pursuant to
this section.
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5. When a report from the Federal Bureau of Investigation is
received by the Central Repository, the Centr al Repository shall
immediately forward a copy of the report to the department of
juvenile justice services for a determination of whether the applicant
or employee has criminal charges pending against him or her for a
crime listed in paragraph (a) of subs ection 1 or has been convicted
of a crime listed in paragraph (a) of subsection 1.
6. A department of juvenile justice services shall conduct an
investigation of each employee of the department pursuant to this
section at least once every 5 years after the initial investigation.
7. As used in this section, “Statewide Central Registry” means
the Statewide Central Registry for the Collection of Information
Concerning the Abuse or Neglect of a Child established by
NRS 432.100.
Sec. 13. NRS 62G.353 is hereby amended to read as follows:
62G.353 1. A department of juvenile justice services shall
secure from appropriate law enforcement agencies information on
the background and personal history of each applicant for
employment with the department of juvenile justice services, and
each employee of the department of juvenile justice services, to
determine:
(a) Whether the applicant or employee has been convicted of:
(1) Murder, voluntary manslaughter, involuntary
manslaughter or mayhem;
(2) Any felony involving the use or threatened use of force or
violence or the use of a firearm or other deadly weapon;
(3) Assault with intent to kill or to commit sexual assault or
mayhem;
(4) Battery which results in substantial bodily harm to the
victim;
(5) Battery that constitutes domestic violence that is
punishable as a felony;
(6) Battery that constitutes domestic violence, other than a
battery described in subparagraph (5), within the immediately
preceding 3 years;
(7) Sexual assault, statutory sexual seduction, incest,
lewdness, indecent exposure or an offense involving [pornography
and a minor;] child sexual abuse material;
(8) A crime involving pandering or prostitution, including,
without limitation, a violation of any provision of NRS 201.295 to
201.440, inclusive;
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(9) Abuse or neglect of a child, including, without limitation,
a violation of any provision of NRS 200.508 or 200.5083 or
contributory delinquency;
(10) A violation of any federal or state law reg ulating the
possession, distribution or use of any controlled substance or any
dangerous drug as defined in chapter 454 of NRS;
(11) A violation of any federal or state law prohibiting
driving or being in actual physical control of a vehicle while under
the influence of intoxicating liquor or a controlled substance that is
punishable as a felony;
(12) A violation of any federal or state law prohibiting
driving or being in actual physical control of a vehicle while under
the influence of intoxicating liq uor or a controlled substance, other
than a violation described in subparagraph (11), within the
immediately preceding 3 years;
(13) Abuse, neglect, exploitation, isolation or abandonment
of older persons or vulnerable persons, including, without
limitation, a violation of any provision of NRS 200.5091 to
200.50995, inclusive, or a law of any other jurisdiction that
prohibits the same or similar conduct; or
(14) Any offense involving arson, fraud, theft,
embezzlement, burglary, robbery, fraudulent conve rsion,
misappropriation of property or perjury within the immediately
preceding 7 years; or
(b) Whether there are criminal charges pending against the
applicant or employee for a violation of an offense listed in
paragraph (a).
2. A department of juven ile justice services shall request
information from:
(a) The Statewide Central Registry concerning an applicant for
employment with the department of juvenile justice services, or an
employee of the department of juvenile justice services, to
determine wh ether there has been a substantiated report of child
abuse or neglect made against the applicant or employee; and
(b) The central registry of information concerning the abuse or
neglect of a child established by any other state in which the
applicant or employee resided within the immediately preceding 5
years to ensure satisfactory clearance with that registry.
3. Each applicant for employment with the department of
juvenile justice services, and each employee of the department of
juvenile justice serv ices, must submit to the department of juvenile
justice services:
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(a) A complete set of his or her fingerprints and written
authorization to forward those fingerprints to the Central Repository
for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report; and
(b) Written authorization for the department of juvenile justice
services to obtain any information that may be available from the
Statewide Central Registry or the central registry of information
concerning the abuse or neglect of a child established by any other
state in which the applicant or employee resided within the
immediately preceding 5 years.
4. The department of juvenile justice services may exchange
with the Central Repository or the Federal Bureau of Investigation
any information concerning the fingerprints submitted pursuant to
this section.
5. When a report from the Federal Bureau of Investigation is
received by the Central Repository, the Central Repository shall
immediately forw ard a copy of the report to the department of
juvenile justice services for a determination of whether the applicant
or employee has criminal charges pending against him or her for a
crime listed in paragraph (a) of subsection 1 or has been convicted
of a crime listed in paragraph (a) of subsection 1.
6. A department of juvenile justice services shall conduct an
investigation of each employee of the department pursuant to this
section at least once every 5 years after the initial investigation.
7. As used in this section, “Statewide Central Registry” means
the Statewide Central Registry for the Collection of Information
Concerning the Abuse or Neglect of a Child established by
NRS 432.100.
Sec. 14. NRS 62H.010 is hereby amended to read as follows:
62H.010 1. The fingerprints of a child must be taken if the
child is in custody for an unlawful act that, if committed by an adult,
would have been:
(a) A felony, gross misdemeanor or sexual offense; or
(b) A misdemeanor and the unlawful act involved:
(1) The use or threatened use of force or violence against the
victim; or
(2) The possession, use or threatened use of a firearm or a
deadly weapon.
2. The fingerprints of a child who is in custody but who is not
subject to the provisions of subsection 1 may be taken if a law
enforcement officer finds latent fingerprints during the investigation
of an offense and the officer has reason to believe that the latent
fingerprints are those of the child. The officer shall use th e
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fingerprints taken from the child to make an immediate comparison
with the latent fingerprints. If the comparison is:
(a) Negative, the fingerprint card and other copies of the
fingerprints taken may be immediately destroyed or may be retained
for future use.
(b) Positive, the fingerprint card and other copies of the
fingerprints:
(1) Must be delivered to the juvenile court for disposition if
the child is referred to the juvenile court.
(2) May be immediately destroyed or may be retained for
future use if the child is not referred to the juvenile court.
3. Fingerprints that are taken from a child pursuant to the
provisions of this section:
(a) May be retained in a local file or a local system for the
automatic retrieval of fingerprints if they are retained under special
security measures that limit inspection of the fingerprints to law
enforcement officers who are conducting criminal investigations. If
the child from whom the fingerprints are taken subsequently is not
adjudicated delinquent, the pa rent or guardian of the child or, when
the child becomes at least 18 years of age, the child may petition the
juvenile court for the removal of the fingerprints from any local file
or local system.
(b) Must be submitted to the Central Repository if the ch ild is
adjudicated delinquent for an unlawful act that would have been a
felony or a sexual offense if committed by an adult, and may be
submitted to the Central Repository for any other act. Any such
fingerprints submitted to the Central Repository must b e submitted
with a description of the child and the unlawful act, if any, that the
child committed. The Central Repository shall retain the fingerprints
and information of the child under special security measures that
limit inspection of the fingerprints and the information to:
(1) Law enforcement officers who are conducting criminal
investigations; and
(2) Officers and employees of the Central Repository who
are assisting law enforcement officers with criminal investigations
or who are conducting research or performing a statistical analysis.
(c) Must not be submitted to the Federal Bureau of Investigation
unless the child is adjudicated delinquent for an unlawful act that
would have been a felony or a sexual offense if committed by an
adult.
4. A c hild who is in custody must be photographed for the
purpose of identification. Except as otherwise provided in this
subsection, the photographs of the child must be kept in the file
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pertaining to the child under special security measures which
provide that the photographs may be inspected only to conduct
criminal investigations and photographic lineups. If the juvenile
court subsequently determines that the child is not delinquent, the
juvenile court shall order the photographs to be destroyed.
5. Any per son who willfully violates any provision of this
section is guilty of a misdemeanor.
6. As used in this section, “sexual offense” means:
(a) Sexual assault pursuant to NRS 200.366;
(b) Statutory sexual seduction pursuant to NRS 200.368;
(c) Battery with intent to commit sexual assault pursuant to
NRS 200.400;
(d) An offense involving [pornography and a minor ] child
sexual abuse material pursuant to NRS 200.710 to 200.730,
inclusive;
(e) Incest pursuant to NRS 201.180;
(f) Open or gross lewdness pursuant to NRS 201.210;
(g) Indecent or obscene exposure pursuant to NRS 201.220;
(h) Lewdness with a child pursuant to NRS 201.230;
(i) Sexual penetration of a dead human body pursuant to
NRS 201.450;
(j) Luring a child or person with menta l illness pursuant to NRS
201.560, if punishable as a felony;
(k) An attempt to commit an offense listed in paragraphs (a) to
(j), inclusive; or
(l) An offense that is determined to be sexually motivated
pursuant to NRS 175.547.
Sec. 15. NRS 62H.220 is hereby amended to read as follows:
62H.220 1. For each child adjudicated delinquent for an
unlawful act that would have been a sexual offense if committed by
an adult, the Division of Child and Family Services shall collect
from the juvenile courts, local juvenile probation departments and
the staff of the youth correctional services, as directed by the
Department of Health and Human Services:
(a) The information listed in NRS 62H.210;
(b) The name of the child; and
(c) All information concerning programs of treatment in which
the child participated that:
(1) Were directly related to the delinquent act committed by
the child; or
(2) Were designed or utilized to prevent the commission of
another such act by the child in the future.
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2. The Division of Child and Family Services shall provide the
information collected pursuant to subsection 1 to the Director of the
Department of Health and Human Services for use in the program
established pursuant to NRS 62H.300, 62H.310 and 62H.320.
3. Except as otherwise provided in NRS 239.0115, all
information containing the name of the child and all information
relating to programs of treatment in which the child participated is
confidential and must not be used for a purpose other than that
provided for in this section and NRS 62H.320.
4. As used in this section, “sexual offense” means:
(a) Sexual assault pursuant to NRS 200.366;
(b) Statutory sexual seduction pursuant to NRS 200.368;
(c) Battery with intent to commit se xual assault pursuant to
NRS 200.400;
(d) An offense involving [pornography and a minor ] child
sexual abuse material pursuant to NRS 200.710 to 200.730,
inclusive;
(e) Incest pursuant to NRS 201.180;
(f) Open or gross lewdness pursuant to NRS 201.210;
(g) Indecent or obscene exposure pursuant to NRS 201.220;
(h) Lewdness with a child pursuant to NRS 201.230;
(i) Sexual penetration of a dead human body pursuant to
NRS 201.450;
(j) Luring a child using a computer, system or network pursuant
to NRS 201.560, if punished as a felony;
(k) Annoyance or molestation of a minor pursuant to
NRS 207.260;
(l) An attempt to commit an offense listed in paragraphs (a) to
(k), inclusive;
(m) An offense that is determined to be sexually motivated
pursuant to NRS 175.547; or
(n) An offense committed in another jurisdiction that, if
committed in this State, would have been an offense listed in this
subsection.
Sec. 16. NRS 62H.310 is hereby amended to read as follows:
62H.310 As used in this section and NRS 62H.300 and
62H.320:
1. “Juvenile sex offender” means a child adjudicated
delinquent for an act that, if committed by an adult, would be a
sexual offense.
2. “Sexual offense” means:
(a) Sexual assault pursuant to NRS 200.366;
(b) Statutory sexual seduction pursuant to NRS 200.368;
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(c) Battery with intent to commit sexual assault pursuant to
NRS 200.400;
(d) An offense involving [pornography and a minor ] child
sexual abuse material pursuant to NRS 200.710 to 200.730,
inclusive;
(e) Incest pursuant to NRS 201.180;
(f) Open or gross lewdness pursuant to NRS 201.210;
(g) Indecent or obscene exposure pursuant to NRS 201.220;
(h) Lewdness with a child pursuant to NRS 201.230;
(i) Sexual penetration of a dead human body pursuant to
NRS 201.450;
(j) Luring a child or a person with mental illness pursuant to
NRS 201.560, if punished as a felony;
(k) An attempt to commit an offense listed in paragraphs (a) to
(j), inclusive;
(l) An offense that is determined to be sexually motivated
pursuant to NRS 175.547; or
(m) An offense committed in another jurisdiction that, if
committed in this State, would be an offense listed in this
subsection.
Sec. 17. NRS 127.1869 is hereby amended to read as follows:
127.1869 1. If the court determines that tribal customary
adoption is in the best interests, as described in NRS 125E.230, of a
ward who is an Indian child and the Indian child’s tribe consents to
the tribal customary adoption:
(a) The appropriate agency which provides child welfare
services shall provide the Indian child’s tribe and proposed tribal
customary adoptive parents with a written report on the Indian child,
including, without limitation, to the ext ent not otherwise prohibited
by state or federal law, the medical background, if known, of the
Indian child’s parents, and the Indian child’s educational
information, developmental history and medical background,
including all known diagnostic information, current medical reports
and any psychological evaluations.
(b) The court shall accept a tribal customary adoptive home
study conducted by the Indian child’s tribe if the home study:
(1) Includes federal criminal background checks, including
reports of child abuse, that meet the standards applicable under the
laws of this State for all other proposed adoptive placements;
(2) Uses the prevailing social and cultural standards of the
Indian child’s tribe as the standards for evaluation of the proposed
adoptive placement;
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(3) Includes an evaluation of the background, safety and
health information of the proposed adoptive placement, including
the biological, psychological and social factors of the proposed
adoptive placement and assessment of the commitmen t, capability
and suitability of the proposed adoptive placement to meet the
Indian child’s needs; and
(4) Except where the proposed adoptive placement is the
Indian child’s current foster care placement, is completed before the
placement of the Indian child in the proposed adoptive placement.
(c) Notwithstanding subsection 2, the court may not accept the
tribe’s order or judgment of tribal customary adoption if any adult
living in the proposed adoptive placement has a felony conviction
for child abuse o r neglect, spousal abuse, crimes against a child,
including child [pornography,] sexual abuse material, or a crime
involving violence. The Division shall, by regulation, define “crime
involving violence” for the purposes of this paragraph. The
definition must include rape, sexual assault and homicide, but must
not include other physical assault or battery.
2. The court shall accept an order or judgment for tribal
customary adoption that is filed by the Indian child’s tribe if:
(a) The court determines that tribal customary adoption is an
appropriate permanent placement option for the Indian child;
(b) The court finds that the tribal customary adoption is in the
Indian child’s best interests, as described in NRS 125E.230; and
(c) The order or judgment:
(1) Includes a description of the modification of the legal
relationship of the Indian child’s parents or Indian custodian and the
Indian child, including any contact between the Indian child and
the Indian child’s parents or Indian custodian, responsi bilities of the
Indian child’s parents or Indian custodian and the rights of
inheritance of the parents and Indian child;
(2) Includes a description of the Indian child’s legal
relationship with the tribe; and
(3) Does not include any child support obl igation from the
Indian child’s parents or Indian custodian.
The court shall afford full faith and credit to a tribal customary
adoption order or judgment that is accepted under this subsection.
3. A tribal customary adoptive parent is not required to file a
petition for adoption when the court accepts a tribal customary
adoption order or judgment under subsection 2. The clerk of the
court may not charge or collect a fee for a proceeding under this
subsection.
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4. After accepting a tribal customary ado ption order or
judgment under subsection 2, the court that accepted the order or
judgment shall proceed as provided in NRS 127.150 and enter an
order or decree of adoption. In addition to the requirements under
NRS 127.151, the order or decree of adoption must include a
statement that any parental rights or obligations not specified in the
order or decree are transferred to the tribal customary adoptive
parents and a description of any parental rights or duties retained by
the Indian child’s parents, the ri ghts of inheritance of the parents
and Indian child and the Indian child’s legal relationship with the
child’s tribe.
5. A tribal customary adoption under this section does not
require the consent of the Indian child or the child’s parents.
6. Upon the court’s entry of an order or decree of adoption
under this section, the court’s jurisdiction over the Indian child
terminates.
7. Any parental rights or obligations not specifically retained
by the Indian child’s parents in the order or decree of adopti on are
conclusively presumed to transfer to the tribal customary adoptive
parents.
8. This section remains operative only to the extent that
compliance with the provisions of this section do not conflict with
federal law as a condition of receiving fundi ng under Title IV -E of
the Social Security Act, 42 U.S.C. §§ [601] 670 et seq.
9. The Division shall adopt regulations requiring that any
report regarding a ward who is an Indian child that an agency which
provides child welfare services submits to the c ourt, including any
home studies, placement reports or other reports required by law
must address tribal customary adoption as a permanency option. The
Supreme Court may adopt rules necessary for the court processes to
implement the provisions of this sect ion, and the Court
Administrator may prepare necessary forms for the implementation
of this section.
10. As used in this section, “tribal customary adoption” means
the adoption of an Indian child, by and through the tribal custom,
traditions or law of th e child’s tribe, and which may be effected
without the termination of parental rights.
Sec. 18. NRS 176.133 is hereby amended to read as follows:
176.133 As used in NRS 176.133 to 176.161, inclusive, unless
the context otherwise requires:
1. “Person professionally qualified to conduct psychosexual
evaluations” means a person who has received training in
conducting psychosexual evaluations and is:
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(a) A psychiatrist licensed to practice medicine in this State and
certified by the American Board of Psychiatry and Neurology, Inc.;
(b) A psychologist licensed to practice in this State;
(c) A social worker holding a master’s degree in social work and
licensed in this State as a clinical social worker;
(d) A registered nurse holding a master’s degree in the field of
psychiatric nursing and licensed to practice professional nursing in
this State;
(e) A marriage and family therapist licensed in this State
pursuant to chapter 641A of NRS; or
(f) A clinical professional co unselor licensed in this State
pursuant to chapter 641A of NRS.
2. “Psychosexual evaluation” means an evaluation conducted
pursuant to NRS 176.139.
3. “Sexual offense” means:
(a) Sexual assault pursuant to NRS 200.366;
(b) Statutory sexual seduction pursuant to NRS 200.368, if
punished as a felony;
(c) Battery with intent to commit sexual assault pursuant to
NRS 200.400;
(d) Abuse of a child pursuant to NRS 200.508, if the abuse
involved sexual abuse or sexual exploitation and is punished as a
felony;
(e) An offense involving [pornography and a minor ] child
sexual abuse material pursuant to NRS 200.710 to 200.730,
inclusive;
(f) Fertility fraud pursuant to paragraph (a) of subsection 1 of
NRS 200.975;
(g) Incest pursuant to NRS 201.180;
(h) Open or gross lewdness pursuant to NRS 201.210, if
punished as a felony;
(i) Indecent or obscene exposure pursuant to NRS 201.220, if
punished as a felony;
(j) Lewdness with a child pursuant to NRS 201.230;
(k) Soliciting a child for prostitution pursuant to NRS 201.354;
(l) Sexual penetration of a dead human body pursuant to
NRS 201.450;
(m) Sexual conduct between certain employees of a school or
volunteers at a school and a pupil pursuant to NRS 201.540;
(n) Sexual conduct between certain employees of a college or
university and a student pursuant to NRS 201.550;
(o) Luring a child or a person with mental illness pursuant to
NRS 201.560, if punished as a felony;
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(p) An attempt to commit an offense listed in paragraphs (a) to
(o), inclusive, if punished as a felony; or
(q) An offense that is determined to be sexually motivated
pursuant to NRS 175.547 or 207.193.
Sec. 19. NRS 176A.110 is hereby amended to read as follows:
176A.110 1. The court shall not grant prob ation to or
suspend the sentence of a person convicted of an offense listed in
subsection 3 unless:
(a) If a psychosexual evaluation of the person is required
pursuant to NRS 176.139, the person who conducts the
psychosexual evaluation certifies in the re port prepared pursuant to
NRS 176.139 that the person convicted of the offense does not
represent a high risk to reoffend based upon a currently accepted
standard of assessment; or
(b) If a psychosexual evaluation of the person is not required
pursuant to NRS 176.139, a psychologist licensed to practice in this
State who is trained to conduct psychosexual evaluations or a
psychiatrist licensed to practice medicine in this State who is
certified by the American Board of Psychiatry and Neurology, Inc.,
and i s trained to conduct psychosexual evaluations certifies in a
written report to the court that the person convicted of the offense
does not represent a high risk to reoffend based upon a currently
accepted standard of assessment.
2. This section does not create a right in any person to be
certified or to continue to be certified. No person may bring a cause
of action against the State, its political subdivisions, or the agencies,
boards, commissions, departments, officers or employees of the
State or its political subdivisions for not certifying a person pursuant
to this section or for refusing to consider a person for certification
pursuant to this section.
3. The provisions of this section apply to a person convicted of
any of the following offenses:
(a) Attempted sexual assault of a person who is 16 years of age
or older pursuant to NRS 200.366.
(b) Statutory sexual seduction pursuant to NRS 200.368.
(c) Battery with intent to commit sexual assault pursuant to
NRS 200.400.
(d) Abuse or neglect of a child pursuant to NRS 200.508.
(e) An offense involving [pornography and a minor ] child
sexual abuse material pursuant to NRS 200.710 to 200.730,
inclusive.
(f) Fertility fraud pursuant to paragraph (a) of subsection 1 of
NRS 200.975.
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(g) Incest pursuant to NRS 201.180.
(h) Open or gross lewdness pursuant to NRS 201.210.
(i) Indecent or obscene exposure pursuant to NRS 201.220.
(j) Soliciting a child for prostitution pursuant to NRS 201.354.
(k) Sexual penetration of a dead human body pursuant to
NRS 201.450.
(l) Sexual conduct between certain employees of a school or
volunteers at a school and a pupil pursuant to NRS 201.540.
(m) Sexual conduct between certain employees of a college or
university and a student pursuant to NRS 201.550.
(n) Luring a child or a person with mental illness pursuant to
NRS 201.560, if punished as a felony.
(o) A violation of NRS 207.180.
(p) An attempt to commit an offense listed in paragraphs (b) to
(o), inclusive.
(q) Coercion or attempted coercion that is determined to be
sexually motivated pursuant to NRS 207.193.
Sec. 20. NRS 176A.413 is hereby amended to read as follows:
176A.413 1. Except as otherwise provided in subsection 2, if
a defendant is convicted of stalkin g with the use of an Internet or
network site, electronic mail, text messaging or any other similar
means of communication pursuant to subsection 4 of NRS 200.575,
an offense involving [pornography and a minor] child sexual abuse
material pursuant to NRS 2 00.710 to 200.730, inclusive, luring a
child or a person with mental illness through the use of a computer,
system or network pursuant to paragraph (a) or (b) of subsection 4
of NRS 201.560 or a violation of NRS 201.553 which involved the
use of an electro nic communication device and the court grants
probation or suspends the sentence, the court shall, in addition to
any other condition ordered pursuant to NRS 176A.400, order as a
condition of probation or suspension that the defendant not own or
use a computer, including, without limitation, use electronic mail, a
chat room or the Internet.
2. The court is not required to impose a condition of probation
or suspension of sentence set forth in subsection 1 if the court finds
that:
(a) The use of a computer by the defendant will assist a law
enforcement agency or officer in a criminal investigation;
(b) The defendant will use the computer to provide
technological training concerning technology of which the
defendant has a unique knowledge; or
(c) The use o f the computer by the defendant will assist
companies that require the use of the specific technological
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knowledge of the defendant that is unique and is otherwise
unavailable to the company.
3. Except as otherwise provided in subsection 1, if a defendant
is convicted of an offense that involved the use of a computer,
system or network and the court grants probation or suspends the
sentence, the court may, in addition to any other condition ordered
pursuant to NRS 176A.400, order as a condition of probation or
suspension that the defendant not own or use a computer, including,
without limitation, use electronic mail, a chat room or the Internet.
4. As used in this section:
(a) “Computer” has the meaning ascribed to it in NRS 205.4735
and include s, without limitation, an electronic communication
device.
(b) “Electronic communication device” has the meaning
ascribed to it in NRS 200.737.
(c) “Network” has the meaning ascribed to it in NRS 205.4745.
(d) “System” has the meaning ascribed to it in NRS 205.476.
(e) “Text messaging” has the meaning ascribed to it in
NRS 200.575.
Sec. 21. NRS 178.5698 is hereby amended to read as follows:
178.5698 1. The prosecuting attorney, sheriff or chief of
police shall, upon the request of a victim or witness, inform the
victim or witness:
(a) When the defendant is released from custody at any time
before or during the trial, including, without limitation, when the
defendant is released pending trial or subject to electronic
supervision;
(b) If the defendant is so released, the amount of bail required, if
any; and
(c) Of the final disposition of the criminal case in which the
victim or witness was directly involved.
2. A request for information pursuant to subsection 1 mus t be
made:
(a) In writing; or
(b) By telephone through an automated or computerized system
of notification, if such a system is available.
3. If an offender is convicted of a sexual offense or an offense
involving the use or threatened use of force or violence against the
victim, the court shall provide:
(a) To each witness, documentation that includes:
(1) A form advising the witness of the right to be notified
pursuant to subsection 5;
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(2) The form that the witness must use to request notificatio n
in writing; and
(3) The form or procedure that the witness must use to
provide a change of address after a request for notification has been
submitted.
(b) To each person listed in subsection 4, documentation that
includes:
(1) A form advising the p erson of the right to be notified
pursuant to subsection 5 or 6 and NRS 176.015, 176A.630,
178.4715, 209.392, 209.3923, 209.3925, 209.429, 209.521, 213.010,
213.040, 213.095 and 213.131 or NRS 213.10915;
(2) The forms that the person must use to request
notification; and
(3) The forms or procedures that the person must use to
provide a change of address after a request for notification has been
submitted.
4. The following persons are entitled to receive documentation
pursuant to paragraph (b) of subsection 3:
(a) A person against whom the offense is committed.
(b) A person who is injured as a direct result of the commission
of the offense.
(c) If a person listed in paragraph (a) or (b) is under the age of
18 years, each parent or guardian who is not the offender.
(d) Each surviving spouse, parent and child of a person who is
killed as a direct result of the commission of the offense.
(e) A relative of a person listed in paragraphs (a) to (d),
inclusive, if the relative requests in writing to be pro vided with the
documentation.
5. Except as otherwise provided in subsection 6, if the offense
was a felony and the offender is imprisoned, the warden of the
prison shall, if the victim or witness so requests in writing and
provides a current address, not ify the victim or witness at that
address when the offender is released from the prison.
6. If the offender was convicted of a violation of subsection 3
of NRS 200.366 or a violation of subsection 1, paragraph (a) of
subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of
NRS 200.508, the warden of the prison shall notify:
(a) The immediate family of the victim if the immediate family
provides their current address;
(b) Any member of the victim’s family related within the third
degree of c onsanguinity, if the member of the victim’s family so
requests in writing and provides a current address; and
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(c) The victim, if the victim will be 18 years of age or older at
the time of the release and has provided a current address,
before the offender is released from prison.
7. The warden must not be held responsible for any injury
proximately caused by the failure to give any notice required
pursuant to this section if no address was provided to the warden or
if the address provided is inaccurate or not current.
8. As used in this section:
(a) “Immediate family” means any adult relative of the victim
living in the victim’s household.
(b) “Sexual offense” means:
(1) Sexual assault pursuant to NRS 200.366;
(2) Statutory sexual seduction pursuant to NRS 200.368;
(3) Battery with intent to commit sexual assault pursuant to
NRS 200.400;
(4) An offense involving [pornography and a minor ] child
sexual abuse material pursuant to NRS 200.710 to 200.730,
inclusive;
(5) Fertility fraud pursuant to paragraph (a) of subsection 1
of NRS 200.975;
(6) Incest pursuant to NRS 201.180;
(7) Open or gross lewdness pursuant to NRS 201.210;
(8) Indecent or obscene exposure pursuant to NRS 201.220;
(9) Lewdness with a child pursuant to NRS 201.230;
(10) Sexual penetration of a dead human body pursuant to
NRS 201.450;
(11) Sexual conduct between certain employees of a school
or volunteers at a school and a pupil pursuant to NRS 201.540;
(12) Sexual conduct between certain employ ees of a college
or university and a student pursuant to NRS 201.550;
(13) Luring a child or a person with mental illness pursuant
to NRS 201.560, if punished as a felony;
(14) An offense that, pursuant to a specific statute, is
determined to be sexually motivated; or
(15) An attempt to commit an offense listed in this
paragraph.
Sec. 22. NRS 179.245 is hereby amended to read as follows:
179.245 1. Except as otherwise provided in subsection 6 and
NRS 176.211, 176A.245, 176A.265, 176A.295, 179.247, 179.259,
201.354 and 453.3365, a person may petition the court in which the
person was convicted for the sealing of all records relating to a
conviction of:
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(a) A category A felony, a crime of violence or residential
burglary pursuant to NRS 205.060 after 10 years from the date of
release from actual custody or discharge from parole or probation,
whichever occurs later;
(b) Except as otherwise provided in paragraphs (a) and (e), a
category B, C or D felony after 5 years from the date of release from
actual custody or discharge from parole or probation, whichever
occurs later;
(c) A category E felony after 2 years from the date of release
from actual custody or discharge from parole or probation,
whichever occurs later;
(d) Except as otherwise provided in paragraph (e), any gross
misdemeanor after 2 years from the date of release from actual
custody or discharge from probation, whichever occurs later;
(e) A violation of NRS 422.540 to 422.570, inclusive, a
violation of NRS 484C.110 or 484C.120 other than a felony, or a
battery which constitutes domestic violence pursuant to NRS 33.018
other than a felony, after 7 years from the date of release from actual
custody or from the date when the person is no longer under a
suspended sentence, whichever occurs later;
(f) Except as otherwise provided in paragraph (e), if the offense
is punished as a misdemeanor, a battery pursuant to NRS 200.481,
harassment pursuant to NRS 200.571, stalking pursuant to NRS
200.575 or a vi olation of a temporary or extended order for
protection, after 2 years from the date of release from actual custody
or from the date when the person is no longer under a suspended
sentence, whichever occurs later; or
(g) Any other misdemeanor after 1 year from the date of release
from actual custody or from the date when the person is no longer
under a suspended sentence, whichever occurs later.
2. A petition filed pursuant to subsection 1 must:
(a) Be accompanied by the petitioner’s current, verified r ecords
received from the Central Repository for Nevada Records of
Criminal History;
(b) If the petition references NRS 453.3365, include a certificate
of acknowledgment or the disposition of the proceedings for the
records to be sealed from all agencies o f criminal justice which
maintain such records;
(c) Include a list of any other public or private agency, company,
official or other custodian of records that is reasonably known to the
petitioner to have possession of records of the conviction and to
whom the order to seal records, if issued, will be directed;
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(d) Include information that, to the best knowledge and belief of
the petitioner, accurately and completely identifies the records to be
sealed, including, without limitation, the:
(1) Date of birth of the petitioner;
(2) Specific conviction to which the records to be sealed
pertain; and
(3) Date of arrest relating to the specific conviction to which
the records to be sealed pertain; and
(e) If applicable, include a statement from the petit ioner
certifying that at the time the crime for which the records to be
sealed was committed, the petitioner was being sex trafficked
pursuant to NRS 201.300.
3. Upon receiving a petition pursuant to this section, the court
shall notify the law enforceme nt agency that arrested the petitioner
for the crime and the prosecuting attorney, including, without
limitation, the Attorney General, who prosecuted the petitioner for
the crime. The prosecuting attorney and any person having relevant
evidence may testif y and present evidence at any hearing on the
petition.
4. If the prosecuting agency that prosecuted the petitioner for
the crime stipulates to the sealing of the records, the court shall
apply the presumption set forth in NRS 179.2445 and seal the
records. If the prosecuting agency does not stipulate to the sealing of
the records or does not file a written objection within 30 days after
receiving notification pursuant to subsection 3 and the court makes
the findings set forth in subsection 5, the court may order the sealing
of the records in accordance with subsection 5 without a hearing. If
the court does not order the sealing of the records or the prosecuting
agency files a written objection, a hearing on the petition must be
conducted. At the hearing, u nless an objecting party presents
evidence sufficient to rebut the presumption set forth in NRS
179.2445, the court shall apply the presumption and seal the records.
5. If the court finds that, in the period prescribed in subsection
1, the petitioner has not been charged with any offense for which the
charges are pending or convicted of any offense, except for minor
moving or standing traffic violations, the court may order sealed all
records of the conviction which are in the custody of any agency of
criminal justice or any public or private agency, company, official
or other custodian of records in the State of Nevada, and may also
order all such records of the petitioner returned to the file of the
court where the proceeding was commenced from, includi ng,
without limitation, the Federal Bureau of Investigation and all other
agencies of criminal justice which maintain such records and which
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are reasonably known by either the petitioner or the court to have
possession of such records.
6. A person may no t petition the court to seal records relating
to a conviction of:
(a) A crime against a child;
(b) A sexual offense;
(c) Invasion of the home with a deadly weapon pursuant to
NRS 205.067;
(d) A violation of NRS 484C.110 or 484C.120 that is punishable
as a felony pursuant to paragraph (c) of subsection 1 of
NRS 484C.400;
(e) A violation of NRS 484C.430;
(f) A homicide resulting from driving or being in actual physical
control of a vehicle while under the influence of intoxicating liquor
or a controll ed substance or resulting from any other conduct
prohibited by NRS 484C.110, 484C.130 or 484C.430;
(g) A violation of NRS 488.410 that is punishable as a felony
pursuant to NRS 488.427; or
(h) A violation of NRS 488.420 or 488.425.
7. The provisions of paragraph (e) of subsection 1 and
paragraph (d) of subsection 6 must not be construed to preclude a
person from being able to petition the court to seal records relating
to a conviction for a violation of NRS 484C.110 or 484C.120
pursuant to this section if the person was found guilty of a violation
of NRS 484C.110 or 484C.120 that is punishable pursuant to:
(a) Paragraph (b) of subsection 1 of NRS 484C.400; or
(b) Paragraph (c) of subsection 1 of NRS 484C.400 but had a
judgment of conviction entered aga inst him or her for a violation of
paragraph (b) of subsection 1 of NRS 484C.400 because the person
participated in the statewide sobriety and drug monitoring program
established pursuant to NRS 484C.392.
8. If the court grants a petition for the sealing of records
pursuant to this section, upon the request of the person whose
records are sealed, the court may order sealed all records of the civil
proceeding in which the records were sealed.
9. Notwithstanding any other provision of law, no fee may be
charged by any court or agency of criminal justice in this State
related to a petition for the sealing of records pursuant to this section
if, at the time the crime for which the records to be sealed was
committed, the petitioner was being sex trafficked p ursuant to NRS
201.300. As used in this subsection, “fee” includes, without
limitation, any fee to file a petition, obtain fingerprints if provided
by a governmental agency of this State, obtain any records of
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criminal history, obtain records of past arres ts and convictions or
obtain or certify copies of documents pursuant to NRS 19.013 and
any other fee related to the sealing of records pursuant to this
section.
10. As used in this section:
(a) “Crime against a child” has the meaning ascribed to it in
NRS 179D.0357.
(b) “Sexual offense” means:
(1) Murder of the first degree committed in the perpetration
or attempted perpetration of sexual assault or of sexual abuse or
sexual molestation of a child less than 14 years of age pursuant to
paragraph (b) of subsection 1 of NRS 200.030.
(2) Sexual assault pursuant to NRS 200.366.
(3) Statutory sexual seduction pursuant to NRS 200.368, if
punishable as a felony.
(4) Battery with intent to commit sexual assault pursuant to
NRS 200.400.
(5) An offense in volving the administration of a drug to
another person with the intent to enable or assist the commission of
a felony pursuant to NRS 200.405, if the felony is an offense listed
in this paragraph.
(6) An offense involving the administration of a controll ed
substance to another person with the intent to enable or assist the
commission of a crime of violence, if the crime of violence is an
offense listed in this paragraph.
(7) Abuse of a child pursuant to NRS 200.508, if the abuse
involved sexual abuse or sexual exploitation.
(8) An offense involving [pornography and a minor ] child
sexual abuse material pursuant to NRS 200.710 to 200.730,
inclusive.
(9) Fertility fraud pursuant to paragraph (a) of subsection 1
of NRS 200.975.
(10) Incest pursuant to NRS 201.180.
(11) Open or gross lewdness pursuant to NRS 201.210, if
punishable as a felony.
(12) Indecent or obscene exposure pursuant to NRS 201.220,
if punishable as a felony.
(13) Lewdness with a child pursuant to NRS 201.230.
(14) Sexual penetration of a dead human body pursuant to
NRS 201.450.
(15) Sexual conduct between certain employees of a school
or volunteers at a school and a pupil pursuant to NRS 201.540.
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(16) Sexual conduct between certain employees of a college
or university and a student pursuant to NRS 201.550.
(17) Luring a child or a person with mental illness pursuant
to NRS 201.560, if punishable as a felony.
(18) An attempt to commit an offense listed in this
paragraph.
Sec. 23. NRS 179A.073 is hereby amended to read as follows:
179A.073 1. “Sexual offense” includes acts upon a child
constituting:
(a) Sexual assault under NRS 200.366;
(b) Statutory sexual seduction under NRS 200.368;
(c) Use of a minor in producing [pornography] child sexual
abuse material under NRS 200.710;
(d) Promotion of a sexual performance of a minor under
NRS 200.720;
(e) Possession of a visual presentation depicting the sexual
conduct of a child under NRS 200.730;
(f) Incest under NRS 201.180;
(g) Lewdness with a child under NRS 201.230; or
(h) Luring a child or a person with mental illness pursuant to
NRS 201.560, if punished as a felony.
2. “Sexual offense” also includes acts committed outside the
State that would constitute any of the offense s in subsection 1 if
committed in the State, and the aiding, abetting, attempting or
conspiring to engage in any of the offenses in subsection 1.
Sec. 24. NRS 179D.097 is hereby amended to read as follows:
179D.097 1. “Sexual offense” means any of the following
offenses:
(a) Murder of the first degree committed in the perpetration or
attempted perpetration of sexual assault or of sexual abuse or sexual
molestation of a child less than 14 years of age pursuant to
paragraph (b) of subsection 1 of NRS 200.030.
(b) Sexual assault pursuant to NRS 200.366.
(c) Statutory sexual seduction pursuant to NRS 200.368.
(d) Battery with intent to commit sexual assault pursuant to
subsection 4 of NRS 200.400.
(e) An offense involving the administration of a drug to another
person with the intent to enable or assist the commission of a felony
pursuant to NRS 200.405, if the felony is an offense listed in this
subsection.
(f) An offense involving the administration of a controlled
substance to another person with the intent to enable or assist the
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commission of a crime of violence, if the crime of violence is an
offense listed in this section.
(g) Abuse of a child pursuant to NRS 200.508, if the abuse
involved sexual abuse or sexual exploitation.
(h) An offense involving [pornography and a minor ] child
sexual abuse material pursuant to NRS 200.710 to 200.730,
inclusive.
(i) Fertility fraud pursuant to paragraph (a) of subsection 1 of
NRS 200.975.
(j) Incest pursuant to NRS 201.180.
(k) Open or gross lewdness pursuant to NRS 201.210.
(l) Indecent or obscene exposure pursuant to NRS 201.220.
(m) Lewdness with a child pursuant to NRS 201.230.
(n) Sexual penetration of a dead human body pursuant to
NRS 201.450.
(o) Sexual conduct b etween certain employees of a school or
volunteers at a school and a pupil pursuant to NRS 201.540.
(p) Sexual conduct between certain employees of a college or
university and a student pursuant to NRS 201.550.
(q) Luring a child or a person with mental illness pursuant to
NRS 201.560, if punished as a felony.
(r) Sex trafficking pursuant to NRS 201.300.
(s) Any other offense that has an element involving a sexual act
or sexual conduct with another.
(t) An attempt or conspiracy to commit an offense listed in
paragraphs (a) to (s), inclusive.
(u) An offense that is determined to be sexually motivated
pursuant to NRS 175.547 or 207.193.
(v) An offense committed in another jurisdiction that, if
committed in this State, would be an offense listed in this
subsection. This paragraph includes, without limitation, an offense
prosecuted in:
(1) A tribal court.
(2) A court of the United States or the Armed Forces of the
United States.
(w) An offense of a sexual nature committed in another
jurisdiction, whether or not the offense would be an offense listed in
this section, if the person who committed the offense resides or has
resided or is or has been a student or worker in any jurisdiction in
which the person is or has been required by the laws of that
jurisdiction to register as a sex offender because of the offense. This
paragraph includes, without limitation, an offense prosecuted in:
(1) A tribal court.
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(2) A court of the United States or the Armed Forces of the
United States.
(3) A court having jurisdiction over juveniles.
2. Except for the offenses described in paragraphs (o) and (p)
of subsection 1, the term does not include an offense involving
consensual sexual conduct if the victim was:
(a) An adult, unless the adult was under the cust odial authority
of the offender at the time of the offense; or
(b) At least 13 years of age and the offender was not more than
4 years older than the victim at the time of the commission of the
offense.
Sec. 25. NRS 179D.115 is hereby amended to read as follows:
179D.115 “Tier II offender” means an offender convicted of a
crime against a child or a sex offender, other than a Tier III
offender, whose crime against a child is punishable by
imprisonment for more than 1 year or whose sexual offense:
1. If committed against a child, constitutes:
(a) Luring a child pursuant to NRS 201.560, if punishable as a
felony;
(b) Abuse of a child pursuant to NRS 200.508, if the abuse
involved sexual abuse or sexual exploitation;
(c) An offense involving sex trafficking pursuant to NRS
201.300 or prostitution pursuant to NRS 201.320 or 201.395;
(d) An offense involving [pornography and a minor ] child
sexual abuse material pursuant to NRS 200.710 to 200.730,
inclusive; or
(e) Any other offense that is comparable to or more severe than
the offenses described in 34 U.S.C. § 20911(3);
2. Involves an attempt or conspiracy to commit any offense
described in subsection 1;
3. If committed in another jurisdiction, is an offense that, if
committed in this State, would be an offense listed in this section.
This subsection includes, without limitation, an offense prosecuted
in:
(a) A tribal court; or
(b) A court of the United States or the Armed Forces of the
United States; or
4. Is committed after the person becomes a Tier I offender if
any of the person’s sexual offenses constitute an offense punishable
by imprisonment for more than 1 year.
Sec. 26. NRS 213.1258 is hereby amended to read as follows:
213.1258 1. Except as otherwise provided in subsection 2, if
the Board releases on parole a prisoner convicted of stalking with
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the use of an Internet or network site, electronic mail, text
messaging or any other similar means of communication pursuant to
subsection 4 of NRS 200.575, an offense involving [pornography
and a minor] child sexual abuse material pursuant to NRS 200.710
to 200.730, inclusive, luring a child or a person with mental illness
through the use of a computer, system or network pursuan t to
paragraph (a) or (b) of subsection 4 of NRS 201.560 or a violation
of NRS 201.553 which involved the use of an electronic
communication device, the Board shall, in addition to any other
condition of parole, require as a condition of parole that the pa rolee
not own or use a computer, including, without limitation, use
electronic mail, a chat room or the Internet.
2. The Board is not required to impose a condition of parole set
forth in subsection 1 if the Board finds that:
(a) The use of a computer b y the parolee will assist a law
enforcement agency or officer in a criminal investigation;
(b) The parolee will use the computer to provide technological
training concerning technology of which the defendant has a unique
knowledge; or
(c) The use of the computer by the parolee will assist companies
that require the use of the specific technological knowledge of the
parolee that is unique and is otherwise unavailable to the company.
3. Except as otherwise provided in subsection 1, if the Board
releases on parole a prisoner convicted of an offense that involved
the use of a computer, system or network, the Board may, in
addition to any other condition of parole, require as a condition of
parole that the parolee not own or use a computer, including,
without limitation, use electronic mail, a chat room or the Internet.
4. As used in this section:
(a) “Computer” has the meaning ascribed to it in NRS 205.4735
and includes, without limitation, an electronic communication
device.
(b) “Electronic communication device” has the meaning
ascribed to it in NRS 200.737.
(c) “Network” has the meaning ascribed to it in NRS 205.4745.
(d) “System” has the meaning ascribed to it in NRS 205.476.
(e) “Text messaging” has the meaning ascribed to it in
NRS 200.575.
Sec. 27. NRS 217.050 is hereby amended to read as follows:
217.050 “Personal injury” means:
1. Actual bodily harm or threat of bodily harm which results in
a need for medical treatment;
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2. In the case of a minor who was involved in the production of
[pornography] child sexual abuse material in violation of NRS
200.710, 200.720, 200.725 or 200.730, any harm which results in a
need for medical treatment or any psychological or psychiatric
counseling, or both;
3. Any harm which results from sexual abuse; or
4. Any harm which results from a violation of NRS 200.5099
or 200.50995.
Sec. 28. NRS 217.070 is hereby amended to read as follows:
217.070 1. “Victim” means a person who suffers direct or
threatened physical, financial or psychological harm as a result of
the commission of a crime, including, without limitation:
(a) A person who is injured or killed as the direct result of a
criminal act;
(b) A minor who was involved in the production of
[pornography] child sexual abuse material in violation of NRS
200.710, 200.720, 200.725 or 200.730;
(c) A minor who was sexually abused, as “sexual abuse” is
defined in NRS 432B.100;
(d) A person who is physically injured or killed as the direct
result of a violation of NRS 484C.110 or any act or neglect of duty
punishable pursuant to NRS 484C.430 or 484C.440;
(e) A pedestrian who is physically injured or killed as the direct
result of a driver of a motor vehicle who failed to stop at the scene
of a crash involving the driver and the pedestrian in violation of
NRS 484E.010;
(f) An older person or a vulnerable person who is abused,
neglected, exploited, isolated or abandoned in violation of NRS
200.5099 or 200.50995;
(g) A person who is physically i njured or killed as the direct
result of an act of international terrorism as defined in 18 U.S.C. §
2331(1);
(h) A person who is trafficked in violation of subsection 2 of
NRS 201.300;
(i) A veteran who experienced an act of sexual assault while
serving on active duty, active duty for training or inactive duty
training;
(j) A person who is subjected to facilitating sex trafficking in
violation of subsection 1 of NRS 201.301; or
(k) A person who is an immediate family member of a victim
who:
(1) Is a minor;
(2) Is physically or mentally incompetent; or
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(3) Was killed.
2. The term includes any person who was harmed by an act
listed in subsection 1, regardless of whether:
(a) The person is a resident of this State, a citizen of the United
States or is lawfully entitled to reside in the United States; or
(b) The act was committed by an adult or a minor.
Sec. 29. NRS 217.100 is hereby amended to read as follows:
217.100 1. Except as otherwise provided in subsection 5, any
person eligible for compensation under the provisions of NRS
217.010 to 217.270, inclusive, may apply to the Director for such
compensation not later than 24 months after the injury or death for
which compensation is claimed or, for a person who i s a victim of
sex trafficking or facilitating sex trafficking, not later than 60
months after the injury or death for which compensation is claimed,
unless waived by the Director or a person designated by the Director
for good cause shown, and the personal injury or death was the
result of an incident or offense that was reported to the police within
5 days of its occurrence or, if the incident or offense could not
reasonably have been reported within that period, within 5 days of
the time when a report could reasonably have been made.
2. An order for the payment of compensation must not be
made unless the application is made within the time set forth in
subsection 1.
3. Where the person entitled to make application is:
(a) A minor, the application may be made on his or her behalf
by a parent or guardian.
(b) Mentally incapacitated, the application may be made on his
or her behalf by a parent, guardian or other person authorized to
administer his or her estate.
4. The applicant must submit with his or her application the
reports, if reasonably available, from all physicians who, at the time
of or subsequent to the victim’s injury or death, treated or examined
the victim in relation to the injury for which compensation is
claimed.
5. The limitations upon payment of compensation established
in subsection 1 do not apply to a minor who is sexually abused or
who is involved in the production of [pornography.] child sexual
abuse material. Such a minor must apply for compensation before
reaching 21 years of age.
6. As used in this section:
(a) “Facilitating sex trafficking” means a violation of
NRS 201.301.
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(b) “Sex trafficking” means a violation of subsection 2 of
NRS 201.300.
Sec. 30. NRS 220.125 is hereby amended to read as follows:
220.125 1. The Legislative Counsel shall, to the extent
practicable, ensure that persons with physical, mental or cognitive
disabilities are referred to in Nevada Revised Statutes using
language that is commonly viewed as respectful an d sentence
structure that refers to the person before referring to his or her
disability as follows:
(a) Words and terms that are preferred for use in Nevada
Revised Statutes include, without limitation, “persons with
disabilities,” “persons with mental illness,” “persons with
developmental disabilities,” “persons with intellectual disabilities”
and other words and terms that are structured in a similar manner.
(b) Words and terms that are not preferred for use in Nevada
Revised Statutes include, without limitation, “disabled,”
“handicapped,” “mentally disabled,” “mentally ill,” “mentally
retarded” and other words and terms that tend to equate the
disability with the person.
2. The Legislative Counsel shall, to the extent practicable,
ensure that terms related to persons affected by addictive disorders
are referred to in Nevada Revised Statutes using language that is
commonly viewed as respectful and sentence structure that refers to
the person before referring to his or her disorder as follows:
(a) Words and terms that are preferred for use in Nevada
Revised Statutes include, without limitation, “addictive disorder,”
“persons with addictive disorders,” “person with an addictive
disorder,” “person with an addictive disorder related to gambling”
and “substance use disorder.”
(b) Words and terms that are not preferred for use in Nevada
Revised Statutes include, without limitation, “addict,” “alcoholic,”
“alcohol abuse,” “alcohol abuser,” “alcohol and drug abuser,” “drug
abuse,” “drug addict,” “problem gamb ler,” “substance abuse” and
“substance abuser.”
3. The Legislative Counsel shall, to the extent practicable,
ensure that terms related to persons with mental illness are referred
to in Nevada Revised Statutes using language that is commonly
viewed as respectful and sentence structure that refers to the person
before referring to his or her illness as follows:
(a) Words and terms that are preferred for use in Nevada
Revised Statutes include, without limitation, “persons with mental
illness” and other word s and terms that are structured in a similar
manner.
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(b) Words and terms that are not preferred for use in Nevada
Revised Statutes include, without limitation, “insane” and
“insanity.”
4. The Legislative Counsel shall, to the extent practicable,
ensure that terms related to persons who are deaf or hard of hearing
are referred to in Nevada Revised Statutes using language that is
commonly viewed as respectful and sentence structure that refers to
the person before referring to his or her condition. Words a nd terms
that are not preferred for use in Nevada Revised Statutes include,
without limitation, “deaf and dumb.”
5. The Legislative Counsel shall, to the extent practicable,
ensure that:
(a) Terms related to persons living with the human
immunodeficiency virus are referred to in Nevada Revised Statutes
using language that is commonly viewed as respectful and sentence
structure that refers to the person before referring to the human
immunodeficiency virus as follows:
(1) Words and terms t hat are preferred for use in Nevada
Revised Statutes include, without limitation, “person living with the
human immunodeficiency virus” and “person diagnosed with the
human immunodeficiency virus.”
(2) Words and terms that are not preferred for use in Ne vada
Revised Statutes include, without limitation, “HIV positive” and
“human immunodeficiency virus positive.”
(b) The human immunodeficiency virus is referred to in Nevada
Revised Statutes using language that refers only to the human
immunodeficiency vi rus or HIV rather than using duplicative
references to both the human immunodeficiency virus or HIV and
acquired immunodeficiency syndrome, acquired immune deficiency
syndrome or AIDS.
(c) Duplicative references to both communicable diseases and
the human immunodeficiency virus or HIV are not used in Nevada
Revised Statutes.
6. The Legislative Counsel shall, to the extent practicable,
ensure that terms related to items or materials that depict or
describe a minor as the subject of a sexual portrayal or e ngaging
in or simulating, or assisting others to engage in or simulate ,
sexual conduct are referred to in Nevada Revised Statutes using
language that is commonly viewed as respectful and sentence
structure which clearly indicates that a minor depicted or
described in any such item or material is a victim as follows:
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(a) Words and terms that are preferred in Nevada Revised
Statutes include, without limitation, “child sexual abuse material”
and words and terms that are structured in a similar manner.
(b) Words and terms that are not preferred for use in Nevada
Revised Statutes include, without limitation, “child pornography.”
Sec. 31. NRS 233B.062 is hereby amended to read as follows:
233B.062 1. It is the policy of this State that every regulation
of an agency be made easily accessible to the public and expressed
in clear and concise language. To assist in carrying out this policy:
(a) The Attorney General must develop guidelines for drafting
regulations; and
(b) Every permanent regulation must be incorporated, excluding
any forms used by the agency, any publication adopted by reference,
the title, any signature and other formal parts, in the Nevada
Administrative Code, and every emergency or temporary regulation
must be distributed in the same manner as the Nevada
Administrative Code.
2. It is the policy of this State that:
(a) Persons with physical, mental or cognitive disabilities and
persons living with the human immunodeficiency virus are to be
referred to in the Nevada Administrative Code using language that
is commonly viewed as respectful and sentence structure that refers
to the person before referring to the person’s disability or the human
immunodeficiency virus, as applicable;
(b) Terms related to persons a ffected by addictive disorders are
referred to in the Nevada Administrative Code using language that
is commonly viewed as respectful and sentence structure that refers
to the person before referring to his or her disorder;
(c) Terms related to persons with mental illness are referred to in
the Nevada Administrative Code using language that is commonly
viewed as respectful and sentence structure that refers to the person
before referring to his or her illness;
(d) Terms related to persons who are deaf or hard of hearing are
referred to in the Nevada Administrative Code using language that
is commonly viewed as respectful and sentence structure that refers
to the person before referring to his or her condition; [and]
(e) References to only the human immuno deficiency virus or
HIV should be used in the Nevada Administrative Code instead of
duplicative references to both human immunodeficiency virus or
HIV and acquired immunodeficiency syndrome, acquired immune
deficiency syndrome or AIDS [,] ; and
(f) Terms related to items or materials that depict or describe a
minor as the subject of a sexual portrayal or engaging in or
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simulating, or assisting others to engage in or simulate , sexual
conduct are referred to in the Nevada Administrative Code using
language that is commonly viewed as respectful and sentence
structure which clearly indicates that a minor depicted or
described in any such item or material is a victim,
in the same manner as provided in NRS 220.125 for Nevada
Revised Statutes.
3. The Legislative Counsel shall:
(a) Include each permanent regulation in the Nevada
Administrative Code; and
(b) Distribute in the same manner as the Nevada Administrative
Code each emergency or temporary regulation,
that is required to be adopted pursuant to the provisions of this
chapter and which is adopted by an entity other than an agency.
4. The Legislative Commission may authorize inclusion in the
Nevada Administrative Code of the regulations of an agency
otherwise exempted from the requirements of this chapter.
Sec. 32. NRS 424.031 is hereby amended to read as follows:
424.031 1. The licensing authority or a person or entity
designated by the licensing authority shall obtain from appropriate
law enforcement agencies information on the background and
personal history of each applicant for a license to conduct a foster
home, person who is licensed to conduct a foster home, employee of
that applicant or licensee, and resident of a foster home who is 18
years of age or older, other than a resident who remains under the
jurisdiction of a court pursuant to NRS 432B.594, to determine
whether the person investigated has been arrested for, has charges
pending for or has been convicted of:
(a) Murder, voluntary manslaughter or mayhem;
(b) Any other felony involving the use or threatened use of force
or violence against the victim or the use of a firearm or other deadly
weapon;
(c) Assault with intent t o kill or to commit sexual assault or
mayhem;
(d) Sexual assault, statutory sexual seduction, incest, lewdness,
indecent exposure or any other sexually related crime or a felony
relating to prostitution;
(e) Abuse or neglect of a child or contributory delinquency;
(f) A violation of any federal or state law regulating the
possession, distribution or use of any controlled substance or any
dangerous drug as defined in chapter 454 of NRS;
(g) Abuse, neglect, exploitation, isolation or abandonment of
older persons or vulnerable persons, including, without limitation, a
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violation of any provision of NRS 200.5091 to 200.50995,
inclusive, or a law of any other jurisdiction that prohibits the same
or similar conduct;
(h) Any offense involving fraud, theft, em bezzlement, burglary,
robbery, fraudulent conversion or misappropriation of property
within the immediately preceding 7 years;
(i) Any offense relating to [pornography involving minors, ]
child sexual abuse material, including, without limitation, a
violation of any provision of NRS 200.700 to 200.760, inclusive, or
a law of any other jurisdiction that prohibits the same or similar
conduct;
(j) Prostitution, solicitation, lewdness or indecent exposure, or
any other sexually related crime that is punishable as a
misdemeanor, within the immediately preceding 7 years;
(k) A crime involving domestic violence that is punishable as a
felony;
(l) A crime involving domestic violence that is punishable as a
misdemeanor, within the immediately preceding 7 years;
(m) A criminal offense under the laws governing Medicaid or
Medicare, within the immediately preceding 7 years;
(n) Any offense involving the sale, furnishing, purchase,
consumption or possession of alcoholic beverages by a minor
including, without limitat ion, a violation of any provision of NRS
202.015 to 202.067, inclusive, or driving a vehicle under the
influence of alcohol or a controlled substance in violation of chapter
484C of NRS or a law of any other jurisdiction that prohibits the
same or similar conduct, within the immediately preceding 7 years;
or
(o) An attempt or conspiracy to commit any of the offenses
listed in this subsection within the immediately preceding 7 years.
2. A licensing authority or a person or entity designated by the
licensing authority may conduct an investigation of the background
and personal history of a person who is 18 years of age or older who
routinely supervises a child in a foster home in the same manner as
described in subsection 1.
3. The licensing authority or its approved designee may charge
each person investigated pursuant to this section for the reasonable
cost of that investigation.
4. Unless a preliminary Federal Bureau of Investigation
Interstate Identification Index name -based check of the records of
criminal history has been conducted pursuant to NRS 424.039, a
person who is required to submit to an investigation pursuant to
subsection 1 shall not have contact with a child in a foster home
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without supervision before the investigation of the background and
personal history of the person has been conducted.
5. The licensing authority or its designee:
(a) Shall conduct an investigation of each licensee, employee
and resident pursuant to this section at least once every 5 years after
the initial investigation; and
(b) May conduct an investigation of any person who is 18 years
of age or older who routinely supervises a child in a foster home at
such times as it deems appropriate.
Sec. 33. NRS 424.145 is hereby amended to read as follows:
424.145 1. The licensing authority or a person designated by
the licensing authority shall obtain from appropriate law
enforcement agencies information on the background and personal
history of each applicant for or holder of a license to conduct a
foster care agency and each owner, member of the governing body,
employee, paid consultant, contractor, volunteer or vendor of that
applicant or licensee who may come into direct contact with a child
placed by the foster care agency, to determ ine whether the person
investigated has been arrested for, has charges pending for or has
been convicted of:
(a) Murder, voluntary manslaughter or mayhem;
(b) Any other felony involving the use or threatened use of force
or violence against the victim or the use of a firearm or other deadly
weapon;
(c) Assault with intent to kill or to commit sexual assault or
mayhem;
(d) Sexual assault, statutory sexual seduction, incest, lewdness,
indecent exposure or any other sexually related crime or a felony
relating to prostitution;
(e) Abuse or neglect of a child or contributory delinquency;
(f) A violation of any federal or state law regulating the
possession, distribution or use of any controlled substance or any
dangerous drug as defined in chapter 454 of NRS;
(g) Abuse, neglect, exploitation, isolation or abandonment of
older persons or vulnerable persons, including, without limitation, a
violation of any provision of NRS 200.5091 to 200.50995,
inclusive, or a law of any other jurisdiction that prohibits the same
or similar conduct;
(h) Any offense involving fraud, theft, embezzlement, burglary,
robbery, fraudulent conversion or misappropriation of property
within the immediately preceding 7 years;
(i) Any offense relating to [pornography involving minor s,]
child sexual abuse material, including, without limitation, a
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violation of any provision of NRS 200.700 to 200.760, inclusive, or
a law of any other jurisdiction that prohibits the same or similar
conduct;
(j) Prostitution, solicitation, lewdness or indecent exposure, or
any other sexually related crime that is punishable as a
misdemeanor, within the immediately preceding 7 years;
(k) A crime involving domestic violence that is punishable as a
felony;
(l) A crime involving domestic violence that is punishable as a
misdemeanor, within the immediately preceding 7 years;
(m) A criminal offense under the laws governing Medicaid or
Medicare, within the immediately preceding 7 years;
(n) Any offense involving the sale, furnishing, purchase,
consumption o r possession of alcoholic beverages by a minor,
including, without limitation, a violation of any provision of NRS
202.015 to 202.067, inclusive, or driving a vehicle under the
influence of alcohol or a controlled substance in violation of chapter
484C of NRS or a law of any other jurisdiction that prohibits the
same or similar conduct, within the immediately preceding 7 years;
or
(o) An attempt or conspiracy to commit any of the offenses
listed in this subsection within the immediately preceding 7 years.
2. Unless a preliminary Federal Bureau of Investigation
Interstate Identification Index name -based check of the records of
criminal history has been conducted pursuant to NRS 424.039, a
person who is required to submit to an investigation pursuant to thi s
section shall not have contact with a child in a foster home without
supervision before the investigation of the background and personal
history of the person is completed.
3. The licensing authority or its designee shall conduct an
investigation of ea ch holder of a license to conduct a foster care
agency and each owner, member of a governing body, employee,
paid consultant, contractor, volunteer or vendor who may come into
direct contact with a child placed by the foster care agency pursuant
to this se ction at least once every 5 years after the initial
investigation.
Sec. 34. NRS 432.150 is hereby amended to read as follows:
432.150 As used in NRS 432.150 to 432.220, inclusive, unless
the context otherwise requires:
1. “Clearinghouse” means the program established by the
Attorney General pursuant to NRS 432.170.
2. “Director” means the Director of the Clearinghouse.
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3. “Exploited child” means a person under the age of 18 years
who has been:
(a) Used in the production of [pornography] child sexual abuse
material in violation of the provisions of NRS 200.710 [;] to
200.730, inclusive;
(b) Subjected to sexual exploitation as defined in NRS
432B.110; or
(c) Employed or exhibited in any injurious, immoral or
dangerous business or occupation in violation of the provisions of
NRS 609.210.
4. “Missing child” means a person under the age of 18 years
who has run away or is otherwise missing from the lawful care,
custody and control of a parent or guardian.
Sec. 35. NRS 432A.170 is hereby amended to read as follows:
432A.170 1. The Division may, upon receipt of an
application for a license to operate a child care facility, conduct an
investigation into the:
(a) Buildings or premises of the facility and, if the application is
for an outdoor youth program, the area of operation of the program;
(b) Qualifications and background of the applicant or the
employees of the applicant;
(c) Method of operation for the facility; and
(d) Policies and purposes of the applicant.
2. Subject to the provisions of subsection 7, the Division shall
secure from appropriate law enforcement agencies information on
the background and personal history of every applicant, licensee,
operator of a small child care establishment, employee of an
applicant, licensee or small child care establishment, resident of a
child care facility or small child care establishment who is 18 years
of age or older, other than a resident who remains under the
jurisdiction of a court pursuant to NRS 432B.594, or participant in
an outdoor youth program who is 18 years of age or older, to
determine whether the person has been convicted of:
(a) Murder, voluntary manslaughter or mayhem;
(b) Any other felony involving the use of a firearm or other
deadly weapon;
(c) Assault with intent to kill or to commit sexual assault or
mayhem;
(d) Sexual assault, statutory sexual seduction, incest, lewdness,
indecent exposure or any other sexually related crime;
(e) Any crime ag ainst a child, including, without limitation,
abuse, neglect or endangerment of a child, contributory delinquency
or [pornography involving a minor;] child sexual abuse material;
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(f) Arson;
(g) Assault;
(h) Battery, including, without limitation, batter y which
constitutes domestic violence;
(i) Kidnapping;
(j) Any offense relating to the possession or use of any
controlled substance or any dangerous drug as defined in chapter
454 of NRS within the immediately preceding 5 years;
(k) Any offense relati ng to the distribution or manufacture of
any controlled substance or any dangerous drug as defined in
chapter 454 of NRS, including, without limitation, possession of a
controlled substance for the purpose of sale;
(l) Abuse, neglect, exploitation, isolat ion or abandonment of
older persons or vulnerable persons, including, without limitation, a
violation of any provision of NRS 200.5091 to 200.50995,
inclusive, or a law of any other jurisdiction that prohibits the same
or similar conduct;
(m) Any offense involving fraud, theft, embezzlement, burglary,
robbery, fraudulent conversion or misappropriation of property
within the immediately preceding 7 years;
(n) A crime that constitutes domestic violence pursuant to
NRS 33.018;
(o) A violation of NRS 484C.430; or
(p) A violation of NRS 484C.110 or 484C.120 within the
immediately preceding 5 years.
3. Subject to the provisions of subsection 7, the Division shall
request information concerning every applicant, licensee, operator
of a small child care estab lishment, employee of an applicant,
licensee or small child care establishment, resident of a child care
facility or small child care establishment who is 18 years of age or
older, other than a resident who remains under the jurisdiction of a
court pursuant to NRS 432B.594, or participant in an outdoor youth
program who is 18 years of age or older, from:
(a) The Central Repository for Nevada Records of Criminal
History for its report concerning a conviction in this State of any of
the crimes set forth in s ubsection 2 and for submission to the
Federal Bureau of Investigation for its report pursuant to NRS
432A.175; and
(b) The Statewide Central Registry for the Collection of
Information Concerning the Abuse or Neglect of a Child established
pursuant to NRS 432.100 to determine whether there has been a
substantiated report of child abuse or neglect made against any of
them.
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4. The Division may charge each person investigated pursuant
to this section for the reasonable cost of that investigation.
5. The in formation required to be obtained pursuant to
subsections 2 and 3 must be requested concerning an:
(a) Employee of an applicant, licensee or small child care
establishment, resident of a child care facility or small child care
establishment who is 18 year s of age or older, other than a resident
who remains under the jurisdiction of a court pursuant to NRS
432B.594, or participant in an outdoor youth program who is 18
years of age or older for an initial background check not later than 3
days after the empl oyee is hired, the residency begins or the
participant begins participating in the program and before the
employee, resident or participant has direct contact with any child at
the child care facility, and then at least once every 5 years thereafter.
(b) Applicant at the time that an application is submitted for
licensure, and then at least once every 5 years after the license is
issued.
(c) Operator of a small child care establishment before the
operator begins operating the establishment, and then at le ast once
every 5 years after the establishment begins operating.
6. A person who is required to submit to an investigation
required pursuant to this section shall not have contact with a child
in a child care facility without supervision before the inves tigation
of the background and personal history of the person has been
conducted.
7. The provisions of subsections 2, 3 and 5 apply to a small
child care establishment and an operator of a small child care
establishment if the operator of such an establishment has applied or
registered with the Division of Welfare and Supportive Services of
the Department pursuant to NRS 432A.1756.
Sec. 36. NRS 432B.198 is hereby amended to read as follows:
432B.198 1. An agency which provides child welfare
services shall secure from appropriate law enforcement agencies
information on the background and personal history of each
applicant for employment with the agency, and each employee of
the agency, to determine:
(a) Whether the applicant or employee has been convicted of:
(1) Murder, voluntary manslaughter, involuntary
manslaughter or mayhem;
(2) Any other felony involving the use or threatened use of
force or violence or the use of a firearm or other deadly weapon;
(3) Assault with intent to kill or to commit sexual assault or
mayhem;
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(4) Battery which results in substantial bodily harm to the
victim;
(5) Battery that constitutes domestic violence that is
punishable as a felony;
(6) Battery that constitutes domestic viole nce, other than a
battery described in subparagraph (5), within the immediately
preceding 3 years;
(7) Sexual assault, statutory sexual seduction, incest,
lewdness, indecent exposure, an offense involving [pornography and
a minor] child sexual abuse mate rial or any other sexually related
crime;
(8) A crime involving pandering or prostitution, including,
without limitation, a violation of any provision of NRS 201.295 to
201.440, inclusive, other than a violation of NRS 201.354 by
engaging in prostitution;
(9) Abuse or neglect of a child, including, without limitation,
a violation of any provision of NRS 200.508 or 200.5083;
(10) A violation of any federal or state law regulating the
possession, distribution or use of any controlled substance or any
dangerous drug as defined in chapter 454 of NRS within the
immediately preceding 3 years;
(11) A violation of any federal or state law prohibiting
driving or being in actual physical control of a vehicle while under
the influence of intoxicating liquor or a controlled substance that is
punishable as a felony;
(12) A violation of any federal or state law prohibiting
driving or being in actual physical control of a vehicle while under
the influence of intoxicating liquor or a controlled substance, other
than a violation described in subparagraph (11), within the
immediately preceding 3 years;
(13) Abuse, neglect, exploitation, isolation or abandonment
of older persons or vulnerable persons, including, without
limitation, a violation of any provision of NRS 200.5091 to
200.50995, inclusive, or a law of any other jurisdiction that
prohibits the same or similar conduct; or
(14) Any offense involving arson, fraud, theft,
embezzlement, burglary, robbery, fraudulent conversion,
misappropriation of property or p erjury within the immediately
preceding 7 years; or
(b) Whether there are criminal charges pending against the
applicant or employee for a crime listed in paragraph (a).
2. An agency which provides child welfare services shall
request information from:
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(a) The Statewide Central Registry concerning an applicant for
employment with the agency, or an employee of the agency, to
determine whether there has been a substantiated report of child
abuse or neglect made against the applicant or employee; and
(b) The central registry of information concerning the abuse or
neglect of a child established by any other state in which the
applicant or employee resided within the immediately preceding 5
years to ensure satisfactory clearance with that registry.
3. Each applicant for employment with an agency which
provides child welfare services, and each employee of an agency
which provides child welfare services, must submit to the agency:
(a) A complete set of his or her fingerprints and written
authorization to forward those fingerprints to the Central Repository
for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report; and
(b) Written authorization for the agency to obtain any
information that may be available fro m the Statewide Central
Registry or the central registry of information concerning the abuse
or neglect of a child established by any other state in which the
applicant or employee resided within the immediately preceding 5
years.
4. An agency which prov ides child welfare services may
exchange with the Central Repository or the Federal Bureau of
Investigation any information concerning the fingerprints submitted
pursuant to this section.
5. When a report from the Federal Bureau of Investigation is
received by the Central Repository, the Central Repository shall
immediately forward a copy of the report to the agency which
provides child welfare services for a determination of whether the
applicant or employee has criminal charges pending against him or
her for a crime listed in paragraph (a) of subsection 1 or has been
convicted of a crime listed in paragraph (a) of subsection 1.
6. An agency which provides child welfare services shall
conduct an investigation of each employee of the agency pursuant to
this section at least once every 5 years after the initial investigation.
7. For the purposes of this section, the period during which
criminal charges are pending against an applicant or employee for a
crime listed in paragraph (a) of subsection 1 begins when the
applicant or employee is arrested for such a crime and ends when:
(a) A determination is made as to the guilt or innocence of the
applicant or employee with regard to such a crime at a trial or by a
plea; or
(b) The prosecuting attorney makes a determination to:
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(1) Decline charging the applicant or employee with a crime
listed in paragraph (a) of subsection 1; or
(2) Proceed with charges against the applicant or employee
for only one or more crimes not listed in paragraph (a) of
subsection 1.
8. As used in this section, “Statewide Central Registry” means
the Statewide Central Registry for the Collection of Information
Concerning the Abuse or Neglect of a Child established by
NRS 432.100.
Sec. 37. NRS 433B.183 is hereby amended to read as follows:
433B.183 1. A division facility which provides residential
treatment to children shall secure from appropriate law enforcement
agencies information on the background and personal history of
each employee of the facility to determine:
(a) Whether the employee has been convicted of:
(1) Murder, voluntary manslaughter, involuntary
manslaughter or mayhem;
(2) Any other felony involving the use or threatened use of
force or violence or the use of a firearm or other deadly weapon;
(3) Assault with intent to kill or to commit sexual assault or
mayhem;
(4) Battery which results in substantial bodily harm to the
victim;
(5) Battery that constitutes domestic violence that is
punishable as a felony;
(6) Battery that constitutes domestic violence, other than a
battery described in subparagraph (5), within the immediately
preceding 3 years;
(7) Sexual assault, statutory sexual seduction, incest,
lewdness, indecent exposure, an offense involving [pornography and
a minor] child sexual abuse material or any other sexually related
crime;
(8) A crime involving pandering or prostitution, including,
without limitation, a violation of any provision of NRS 201.295 to
201.440, inclusive, other than a violation of NRS 201 .354 by
engaging in prostitution;
(9) Abuse or neglect of a child, including, without limitation,
a violation of any provision of NRS 200.508 or 200.5083;
(10) A violation of any federal or state law regulating the
possession, distribution or use of an y controlled substance or any
dangerous drug as defined in chapter 454 of NRS within the
immediately preceding 3 years;
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(11) A violation of any federal or state law prohibiting
driving or being in actual physical control of a vehicle while under
the influence of intoxicating liquor or a controlled substance that is
punishable as a felony;
(12) A violation of any federal or state law prohibiting
driving or being in actual physical control of a vehicle while under
the influence of intoxicating liquor or a controlled substance, other
than a violation described in subparagraph (11), within the
immediately preceding 3 years;
(13) Abuse, neglect, exploitation, isolation or abandonment
of older persons or vulnerable persons, including, without
limitation, a v iolation of any provision of NRS 200.5091 to
200.50995, inclusive, or a law of any other jurisdiction that
prohibits the same or similar conduct; or
(14) Any offense involving arson, fraud, theft,
embezzlement, burglary, robbery, fraudulent conversion,
misappropriation of property or perjury within the immediately
preceding 7 years; or
(b) Whether there are criminal charges pending against the
employee for a crime listed in paragraph (a).
2. An employee must submit to the Division a complete set of
fingerprints and written authorization to forward those fingerprints
to the Central Repository for Nevada Records of Criminal History
for submission to the Federal Bureau of Investigation for its report.
3. The Division may exchange with the Central Reposit ory or
the Federal Bureau of Investigation any information concerning the
fingerprints submitted.
4. The Division may charge an employee investigated pursuant
to this section for the reasonable cost of that investigation.
5. When a report from the Fede ral Bureau of Investigation is
received by the Central Repository, the Central Repository shall
immediately forward a copy of the report to the Division for a
determination of whether the employee has criminal charges
pending against him or her for a crime listed in paragraph (a) of
subsection 1 or has been convicted of a crime listed in paragraph (a)
of subsection 1.
6. An employee who is required to submit to an investigation
required pursuant to this section shall not have contact with a child
in a division facility without supervision before the investigation of
the background and personal history of the employee has been
conducted.
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7. The division facility shall conduct an investigation of each
employee pursuant to this section at least once every 5 years after
the initial investigation.
8. For the purposes of this section, the period during which
criminal charges are pending against an employee for a crime listed
in paragraph (a) of subsection 1 begins when the employee is
arrested for such a crime and ends when:
(a) A determination is made as to the guilt or innocence of the
employee with regard to such a crime at a trial or by a plea; or
(b) The prosecuting attorney makes a determination to:
(1) Decline charging the employee with a crime listed in
paragraph (a) of subsection 1; or
(2) Proceed with charges against the employee for only one
or more crimes not listed in paragraph (a) of subsection 1.
Sec. 38. This act becomes effective upon passage and
approval.
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