S.B. 89
- *SB89*
SENATE BILL NO. 89–SENATORS SEEVERS GANSERT AND
CANNIZZARO
PREFILED JANUARY 30, 2023
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions governing crimes relating to sex
trafficking. (BDR 15-107)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to crimes; revising provisions governing crimes
relating to sex trafficking; revising certain requirements
for compensation from the Fund for the Compensation of
Victims of Crime; providing penalties; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides that a person commits the crime of sex trafficking when 1
the person commits certain specified acts against another person for the purpose of 2
sexual conduct or prostitution or for certain other reasons, including, without 3
limitation, if a person induces, causes, recruits, harbors, transports, provides, 4
obtains or maintains a child to engage in prostitution, or to enter any place within 5
this State in which prostitution is practiced, encouraged or allowed for the purpose 6
of sexual conduct or prostitution. The penalties for the crime of sex trafficking vary 7
based upon whether the victim is an adult or a child and, if the victim is a child, 8
based upon the age of the child at the time the crime is committed. (NRS 201.300) 9
Existing law also provides that a person commits the crime of facilitating sex 10
trafficking if the person: (1) facilitates, arranges, provides or pays for the 11
transportation of a person to or within this State with the intent of inducing that 12
person to engage in unlawful sexual conduct or prostitution or, if that person is a 13
child, certain acts relating to pornography involving minors; (2) sells travel services 14
that facilitate the travel of another person to this State with the knowledge that the 15
other person is traveling to this State for the purpose of engaging in sexual conduct 16
with a victim of sex trafficking, soliciting a child who is a victim of sex trafficking 17
or engaging in certain acts relating to pornography involving minors; or (3) travels 18
to or within this State by any means with the intent of engaging in sexual conduct 19
with a victim of sex trafficking with the knowledge that the victim has been 20
induced to engage in sexual conduct or prostitution or engaging in certain acts 21
relating to pornography involving minors. A person who commits the crime of 22
facilitating sex trafficking is guilty of a category B felony and is subject to certain 23
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minimum and maximum terms of imprisonment depending on whether the victim is 24
an adult or a child. (NRS 201.301) 25
Sections 1, 2 and 4 of this bill provide that a person who commits the crime of 26
sex trafficking is subject to the same penalties that apply under existing law for 27
committing the crime against a child if the person commits the crime against a 28
peace officer who is posing as a child or a person who is assisting in an 29
investigation on behalf of a peace officer by posing as a child. Sections 1, 3 and 4 30
of this bill provide that a person who commits the crime of facilitating sex 31
trafficking is subject to the same penalties that apply under existing law for 32
committing the crime against a child if the person commits the crime against a 33
peace officer who is posing as a child or a person who is assisting in an 34
investigation on behalf of a peace officer by posing as a child. 35
Sections 5 and 7 of this bill make conforming changes to provisions of existing 36
law that contain references to the crimes of sex trafficking a child and facilitating 37
sex trafficking of a child to reflect the changes made in sections 1-4. 38
Existing law requires the payment of compensation from the Fund for the 39
Compensation of Victims of Crime to certain victims of criminal acts and requires 40
an application for such compensation from the Fund to be filed not later than 24 41
months after the injury or death for which compensation is claimed. (NRS 217.100, 42
217.180) Section 6 of this bill creates an exception to this time limit by authorizing 43
a person who is a victim of sex trafficking or facilitating sex trafficking to file an 44
application for compensation from the Fund not later than 48 months after the 45
injury or death for which compensation is claimed. 46
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 201.295 is hereby amended to read as follows: 1
201.295 As used in NRS 201.295 to 201.440, inclusive, unless 2
the context otherwise requires: 3
1. “Adult” means a person 18 years of age or older. 4
2. “Adult posing as a child” means an adult who is: 5
(a) A peace officer who is posing as a child; or 6
(b) A person who is assisting in an investigation on behalf of a 7
peace officer by posing as a child. 8
3. “Child” means a person less than 18 years of age. 9
[3.] 4. “Induce” means to persuade, encourage, inveigle or 10
entice. 11
[4.] 5. “Peace officer” means any person upon whom some or 12
all of the powers of a peace officer are conferred pursuant to NRS 13
289.150 to 289.360, inclusive. 14
6. “Prostitute” means a male or female person who for a fee, 15
monetary consideration or other thing of value engages in sexual 16
intercourse, oral-genital contact or any touching of the sexual organs 17
or other intimate parts of a person for the purpose of arousing or 18
gratifying the sexual desire of either person. 19
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[5.] 7. “Prostitution” means engaging in sexual conduct with 1
another person in return for a fee, monetary consideration or other 2
thing of value. 3
[6.] 8. “Sexual conduct” means any of the acts enumerated in 4
subsection [4. 5
7.] 6. 6
9. “Transports” means to transport or cause to be transported, 7
by any means of conveyance, into, through or across this State, or to 8
aid or assist in obtaining such transportation. 9
Sec. 2. NRS 201.300 is hereby amended to read as follows: 10
201.300 1. A person who without physical force or the 11
immediate threat of physical force, induces an adult to unlawfully 12
become a prostitute or to continue to engage in prostitution, or to 13
enter any place within this State in which prostitution is practiced, 14
encouraged or allowed for the purpose of sexual conduct or 15
prostitution is guilty of pandering which is a category C felony and 16
shall be punished as provided in NRS 193.130. This subsection does 17
not apply to the customer of a prostitute. 18
2. A person: 19
(a) Is guilty of sex trafficking if the person: 20
(1) Induces, causes, recruits, harbors, transports, provides, 21
obtains or maintains a child or an adult posing as a child to engage 22
in prostitution, or to enter any place within this State in which 23
prostitution is practiced, encouraged or allowed for the purpose of 24
sexual conduct or prostitution; 25
(2) Induces, recruits, harbors, transports, provides, obtains or 26
maintains a person by any means, knowing, or in reckless disregard 27
of the fact, that threats, violence, force, intimidation, fraud, duress 28
or coercion will be used to cause the person to engage in 29
prostitution, or to enter any place within this State in which 30
prostitution is practiced, encouraged or allowed for the purpose of 31
sexual conduct or prostitution; 32
(3) By threats, violence, force, intimidation, fraud, duress, 33
coercion, by any device or scheme, or by abuse of any position of 34
confidence or authority, or having legal charge, takes, places, 35
harbors, induces, causes, compels or procures a person to engage in 36
prostitution, or to enter any place within this State in which 37
prostitution is practiced, encouraged or allowed for the purpose of 38
sexual conduct or prostitution; 39
(4) Takes or detains a person with the intent to compel the 40
person by force, violence, threats or duress to marry him or her or 41
any other person; or 42
(5) Receives anything of value with the specific intent of 43
facilitating a violation of this paragraph. 44
(b) Who is found guilty of sex trafficking: 45
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(1) An adult , except as otherwise provided in subparagraph 1
(3), is guilty of a category B felony and shall be punished by 2
imprisonment in the state prison for a minimum term of not less 3
than 3 years and a maximum term of not more than 10 years, and 4
may be further punished by a fine of not more than $10,000. 5
(2) A child: 6
(I) If the child is less than 14 years of age when the 7
offense is committed, is guilty of a category A felony and shall be 8
punished by imprisonment in the state prison for life with the 9
possibility of parole, with eligibility for parole beginning when a 10
minimum of 15 years has been served, and may be further punished 11
by a fine of not more than $20,000. 12
(II) If the child is at least 14 years of age but less than 16 13
years of age when the offense is committed, is guilty of a category 14
A felony and shall be punished by imprisonment in the state prison 15
for life with the possibility of parole, with eligibility for parole 16
beginning when a minimum of 10 years has been served, and may 17
be further punished by a fine of not more than $10,000. 18
(III) If the child is at least 16 years of age but less than 18 19
years of age when the offense is committed, is guilty of a category 20
A felony and shall be punished by imprisonment in the state prison 21
for life with the possibility of parole, with eligibility for parole 22
beginning when a minimum of 5 years has been served, and may be 23
further punished by a fine of not more than $10,000. 24
(3) An adult posing as a child: 25
(I) If the adult posing as a child is posing as a child who 26
is less than 14 years of age when the offense is committed, is guilty 27
of a category A felony and shall be punished by imprisonment in 28
the state prison for life with the possibility of parole, with 29
eligibility for parole beginning when a minimum of 15 years has 30
been served, and may be further punished by a fine of not more 31
than $20,000. 32
(II) If the adult posing as a child is posing as a child 33
who is at least 14 years of age but less than 16 years of age when 34
the offense is committed, is guilty of a category A felony and shall 35
be punished by imprisonment in the state prison for life with the 36
possibility of parole, with eligibility for parole beginning when a 37
minimum of 10 years has been served, and may be further 38
punished by a fine of not more than $10,000. 39
(III) If the adult posing as a child is posing as a child 40
who is at least 16 years of age but less than 18 years of age when 41
the offense is committed, is guilty of a category A felony and shall 42
be punished by imprisonment in the state prison for life with the 43
possibility of parole, with eligibility for parole beginning when a 44
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minimum of 5 years has been served, and may be further punished 1
by a fine of not more than $10,000. 2
3. A court shall not grant probation to or suspend the sentence 3
of a person convicted of sex trafficking a child or an adult posing 4
as a child pursuant to subsection 2. 5
4. Consent of a victim of pandering or sex trafficking to an act 6
of prostitution is not a defense to a prosecution for any of the acts 7
prohibited by this section. 8
5. In a prosecution for sex trafficking a child or an adult 9
posing as a child pursuant to subsection 2, it is not a defense that 10
the defendant did not have knowledge of the victim’s age, nor is 11
reasonable mistake of age a valid defense to a prosecution 12
conducted pursuant to subsection 2. 13
Sec. 3. NRS 201.301 is hereby amended to read as follows: 14
201.301 1. A person is guilty of facilitating sex trafficking if 15
the person: 16
(a) Facilitates, arranges, provides or pays for the transportation 17
of a person to or within this State with the intent of: 18
(1) Inducing the person to engage in prostitution in violation 19
of subparagraph (1), (2) or (3) of paragraph (a) of subsection 2 of 20
NRS 201.300; 21
(2) Inducing the person to enter any place within this State in 22
which prostitution is practiced, encouraged or allowed for the 23
purpose of sexual conduct or prostitution in violation of 24
subparagraph (1), (2) or (3) of paragraph (a) of subsection 2 of 25
NRS 201.300; or 26
(3) If the person is a child, using the person for any act that is 27
prohibited by NRS 200.710 or 200.720 [;] or, if the person is an 28
adult posing as a child, using the person for any act that would be 29
prohibited by NRS 200.710 or 200.720 if the person actually were 30
a child; 31
(b) Sells travel services that facilitate the travel of another 32
person to this State with the knowledge that the other person is 33
traveling to this State for the purpose of: 34
(1) Engaging in sexual conduct with a person who has been 35
induced to engage in sexual conduct or prostitution in violation of 36
subparagraph (1), (2) or (3) of paragraph (a) of subsection 2 of 37
NRS 201.300; 38
(2) Soliciting a child or an adult posing as a child who has 39
been induced to engage in sexual conduct or prostitution in violation 40
of subparagraph (1), (2) or (3) of paragraph (a) of subsection 2 of 41
NRS 201.300; or 42
(3) Engaging in any act involving a child that is prohibited 43
by NRS 200.710 or 200.720 [;] or, if the person is an adult posing 44
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as a child, engaging in any act that would be prohibited by NRS 1
200.710 or 200.720 if the person actually were a child; or 2
(c) Travels to or within this State by any means with the intent 3
of engaging in: 4
(1) Sexual conduct with a person who has been induced to 5
engage in sexual conduct or prostitution in violation of 6
subparagraph (1), (2) or (3) of paragraph (a) of subsection 2 of NRS 7
201.300, with the knowledge that such a person has been induced to 8
engage in such sexual conduct or prostitution; or 9
(2) Any act involving a child that is prohibited by NRS 10
200.710 or 200.720 [.] or, if the person is an adult posing as a 11
child, any act that would be prohibited by NRS 200.710 or 200.720 12
if the person actually were a child. 13
2. A person who is found guilty of facilitating sex trafficking is 14
guilty of a category B felony and: 15
(a) [If] Except as otherwise provided in paragraph (b), if the 16
victim is [18 years of age or older,] an adult, shall be punished by 17
imprisonment in the state prison for a minimum term of not less 18
than 1 year and a maximum term of not more than 6 years. 19
(b) If the victim is [less than 18 years of age,] a child or an 20
adult posing as a child, shall be punished by imprisonment in the 21
state prison for a minimum term of not less than 3 years and a 22
maximum term of not more than 10 years. 23
Sec. 4. NRS 201.352 is hereby amended to read as follows: 24
201.352 1. If a person is convicted of a violation of 25
subsection 2 of NRS 201.300, subsection 1 of NRS 201.301, NRS 26
201.320 or 201.395, the victim of the violation is a child or an adult 27
posing as a child when the offense is committed and physical force 28
or violence or the immediate threat of physical force or violence is 29
used upon the child [,] or adult posing as a child, the court may, in 30
addition to the term of imprisonment prescribed by statute for the 31
offense and any fine imposed pursuant to subsection 2, impose a 32
fine of not more than $500,000. 33
2. If a person is convicted of a violation of subsection 2 of 34
NRS 201.300, subsection 1 of NRS 201.301, NRS 201.320 or 35
201.395, the victim of the offense is a child or an adult posing as a 36
child when the offense is committed and the offense also involves a 37
conspiracy to commit a violation of subsection 2 of NRS 201.300, 38
subsection 1 of NRS 201.301, NRS 201.320 or 201.395, the court 39
may, in addition to the punishment prescribed by statute for the 40
offense of a provision of subsection 2 of NRS 201.300, subsection 1 41
of NRS 201.301, NRS 201.320 or 201.395 and any fine imposed 42
pursuant to subsection 1, impose a fine of not more than $500,000. 43
3. The provisions of subsections 1 and 2 do not create a 44
separate offense but provide an additional penalty for the primary 45
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offense, the imposition of which is contingent upon the finding of 1
the prescribed fact. 2
Sec. 5. NRS 201.354 is hereby amended to read as follows: 3
201.354 1. It is unlawful for a customer to engage in 4
prostitution or solicitation therefor, except in a licensed house of 5
prostitution. 6
2. Any person who violates subsection 1 by soliciting for 7
prostitution: 8
(a) A child; or 9
(b) [A peace officer who is posing as a child; or 10
(c) A person who is assisting in an investigation on behalf of a 11
peace officer by] An adult posing as a child, 12
is guilty of soliciting a child for prostitution. 13
3. Except as otherwise provided in subsection 5, a person who 14
violates this section: 15
(a) For a first offense, is guilty of a misdemeanor and shall be 16
punished as provided in NRS 193.150, and by a fine of not less than 17
$400. 18
(b) For a second offense, is guilty of a gross misdemeanor and 19
shall be punished as provided in NRS 193.140, and by a fine of not 20
less than $800. 21
(c) For a third or subsequent offense, is guilty of a gross 22
misdemeanor and shall be punished as provided in NRS 193.140, 23
and by a fine of not less than $1,300. 24
4. In addition to any other penalty imposed, the court shall 25
order a person who violates subsection 3 to pay a civil penalty of not 26
less than $200 per offense. The civil penalty must be paid to the 27
district attorney or city attorney of the jurisdiction in which the 28
violation occurred. If the civil penalty imposed pursuant to this 29
subsection: 30
(a) Is not within the person’s present ability to pay, in lieu of 31
paying the penalty, the court may allow the person to perform 32
community service for a reasonable number of hours, the value of 33
which would be commensurate with the civil penalty. 34
(b) Is not entirely within the person’s present ability to pay, in 35
lieu of paying the entire civil penalty, the court may allow the 36
person to perform community service for a reasonable number of 37
hours, the value of which would be commensurate with the amount 38
of the reduction of the civil penalty. 39
5. A person who [violates this section] is guilty of soliciting a 40
child for prostitution pursuant to subsection 2 by soliciting for 41
prostitution a child [for prostitution:] or an adult posing as a child: 42
(a) For a first offense, is guilty of a category D felony and shall 43
be punished as provided in NRS 193.130, and by a fine of not more 44
than $5,000. 45
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(b) For a second offense, is guilty of a category C felony and 1
shall be punished as provided in NRS 193.130. 2
(c) For a third or subsequent offense, is guilty of a category B 3
felony and shall be punished by imprisonment in the state prison for 4
a minimum term of not less than 1 year and maximum term of not 5
more than 6 years, and may be further punished by a fine of not 6
more than $15,000. The court shall not grant probation to or suspend 7
the sentence of a person punished pursuant to this paragraph. 8
6. Any civil penalty collected by a district attorney or city 9
attorney pursuant to subsection 4 must be deposited in the county or 10
city treasury, as applicable, to be used for: 11
(a) The enforcement of this section; and 12
(b) Programs of treatment for persons who solicit prostitution 13
which are certified by the Division of Public and Behavioral Health 14
of the Department of Health and Human Services. 15
Not less than 50 percent of the money deposited in the county or 16
city treasury, as applicable, pursuant to this subsection must be used 17
for the enforcement of this section. 18
7. If a person who violates subsection 1 is ordered pursuant to 19
NRS 4.373 or 5.055 to participate in a program for the treatment of 20
persons who solicit prostitution, upon fulfillment of the terms and 21
conditions of the program, the court may discharge the person and 22
dismiss the proceedings against the person. If the court discharges 23
the person and dismisses the proceedings against the person, a 24
nonpublic record of the discharge and dismissal must be transmitted 25
to and retained by the Division of Parole and Probation of the 26
Department of Public Safety solely for the use of the courts in 27
determining whether, in later proceedings, the person qualifies 28
under this section for participation in a program of treatment for 29
persons who solicit prostitution. Except as otherwise provided in 30
this subsection, discharge and dismissal under this subsection is 31
without adjudication of guilt and is not a conviction for purposes of 32
employment, civil rights or any statute or regulation or license or 33
questionnaire or for any other public or private purpose, but is a 34
conviction for the purpose of additional penalties imposed for a 35
second or subsequent conviction or the setting of bail. Discharge 36
and dismissal restores the person discharged, in the contemplation 37
of the law, to the status occupied before the proceedings. The person 38
may not be held thereafter under any law to be guilty of perjury or 39
otherwise giving a false statement by reason of failure to recite or 40
acknowledge the proceedings in response to an inquiry made of the 41
person for any purpose. Discharge and dismissal under this 42
subsection may occur only once with respect to any person. A 43
professional licensing board may consider a proceeding under this 44
subsection in determining suitability for a license or liability to 45
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discipline for misconduct. Such a board is entitled for those 1
purposes to a truthful answer from the applicant or licensee 2
concerning any such proceeding with respect to the applicant or 3
licensee. 4
8. Except as limited by subsection 9, if a person is discharged 5
and the proceedings against the person are dismissed pursuant to 6
subsection 7, the court shall, without a hearing, order sealed all 7
documents, papers and exhibits in that person’s record, minute book 8
entries and entries on dockets, and other documents relating to the 9
case in the custody of such other agencies and officers as are named 10
in the court’s order. The court shall cause a copy of the order to be 11
sent to each agency or officer named in the order. Each such agency 12
or officer shall notify the court in writing of its compliance with the 13
order. 14
9. A professional licensing board is entitled, for the purpose of 15
determining suitability for a license or liability to discipline for 16
misconduct, to inspect and to copy from a record sealed pursuant to 17
this section. 18
Sec. 6. NRS 217.100 is hereby amended to read as follows: 19
217.100 1. Except as otherwise provided in subsection 5, any 20
person eligible for compensation under the provisions of NRS 21
217.010 to 217.270, inclusive, may apply to the Director for such 22
compensation not later than 24 months after the injury or death for 23
which compensation is claimed [,] or, for a person who is a victim 24
of sex trafficking or facilitating sex trafficking, not later than 48 25
months after the injury or death for which compensation is 26
claimed, unless waived by the Director or a person designated by 27
the Director for good cause shown, and the personal injury or death 28
was the result of an incident or offense that was reported to the 29
police within 5 days of its occurrence or, if the incident or offense 30
could not reasonably have been reported within that period, within 5 31
days of the time when a report could reasonably have been made. 32
2. An order for the payment of compensation must not be made 33
unless the application is made within the time set forth in subsection 34
1. 35
3. Where the person entitled to make application is: 36
(a) A minor, the application may be made on his or her behalf 37
by a parent or guardian. 38
(b) Mentally incapacitated, the application may be made on his 39
or her behalf by a parent, guardian or other person authorized to 40
administer his or her estate. 41
4. The applicant must submit with his or her application the 42
reports, if reasonably available, from all physicians who, at the time 43
of or subsequent to the victim’s injury or death, treated or examined 44
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the victim in relation to the injury for which compensation is 1
claimed. 2
5. The limitations upon payment of compensation established 3
in subsection 1 do not apply to a minor who is sexually abused or 4
who is involved in the production of pornography. Such a minor 5
must apply for compensation before reaching 21 years of age. 6
6. As used in this section: 7
(a) “Facilitating sex trafficking” means a violation of 8
NRS 201.301. 9
(b) “Sex trafficking” means a violation of subsection 2 of 10
NRS 201.300. 11
Sec. 7. NRS 432C.150 is hereby amended to read as follows: 12
432C.150 1. Information maintained by an agency which 13
provides child welfare services must be maintained by the agency 14
which provides child welfare services as required by federal law as a 15
condition of the allocation of federal money to this State. 16
2. Except as otherwise provided in this section, information 17
maintained by an agency which provides child welfare services 18
may, at the discretion of the agency which provides child welfare 19
services, be made available only to: 20
(a) A physician, if the physician has before him or her a child 21
who the physician has reasonable cause to believe is a commercially 22
sexually exploited child; 23
(b) A person authorized to place a child in protective custody, if 24
the person has before him or her a child who the person has 25
reasonable cause to believe is a commercially sexually exploited 26
child and the person requires the information to determine whether 27
to place the child in protective custody; 28
(c) An agency, including, without limitation, an agency in 29
another jurisdiction, responsible for or authorized to undertake the 30
care, treatment or supervision of: 31
(1) The child; or 32
(2) The person responsible for the welfare of the child; 33
(d) A district attorney or other law enforcement officer who 34
requires the information in connection with an investigation or 35
prosecution of the commercial sexual exploitation of a child; 36
(e) A court other than a juvenile court, for in camera inspection 37
only, unless the court determines that public disclosure of the 38
information is necessary for the determination of an issue before it; 39
(f) A person engaged in bona fide research or an audit, but 40
information identifying the subjects of a report must not be made 41
available to the person; 42
(g) The attorney and the guardian ad litem of the child, if the 43
information is reasonably necessary to promote the safety, 44
permanency and well-being of the child; 45
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(h) Except as otherwise provided in subsection 4, a federal, state 1
or local governmental entity, or an agency of such an entity, or a 2
juvenile court, that needs access to the information to carry out its 3
legal responsibilities to protect children from commercial sexual 4
exploitation; 5
(i) A person or an organization that has entered into a written 6
agreement with an agency which provides child welfare services to 7
provide assessments or services and that has been trained to make 8
such assessments or provide such services; 9
(j) A parent or legal guardian of the child and an attorney of a 10
parent or guardian of the child, if the identity of the person 11
responsible for reporting the commercial sexual exploitation of the 12
child to a public agency is kept confidential and the information is 13
reasonably necessary to promote the safety, permanency and well-14
being of the child and is limited to information concerning that 15
parent or guardian; 16
(k) The persons or agent of the persons who are the subject of a 17
report, if the information is reasonably necessary to promote the 18
safety, permanency and well-being of the child and is limited to 19
information concerning those persons; or 20
(l) Any person who is required pursuant to NRS 432B.220 to 21
make a report to an agency which provides child welfare services or 22
to a law enforcement agency. 23
3. Before releasing any information maintained by an agency 24
which provides child welfare services pursuant to this section, an 25
agency which provides child welfare services shall take whatever 26
precautions it determines are reasonably necessary to protect the 27
identity and safety of any person who reports that a child is a 28
commercially sexually exploited child and to protect any other 29
person if the agency which provides child welfare services 30
reasonably believes that disclosure of the information would cause a 31
specific and material harm to an investigation of the alleged 32
commercial sexual exploitation of a child or the life or safety of any 33
person. 34
4. An agency which provides child welfare services shall not 35
provide information maintained by the agency which provides child 36
welfare services to a juvenile court only to facilitate a determination 37
by the court related to the adjudication of a child who is accused of: 38
(a) Sex trafficking a child or an adult posing as a child, as 39
defined in NRS 201.295, in violation of NRS 201.300; or 40
(b) Facilitating sex trafficking of a child or an adult posing as a 41
child, as defined in NRS 201.295, in violation of NRS 201.301. 42
5. The provisions of this section must not be construed to 43
require an agency which provides child welfare services to disclose 44
information maintained by the agency which provides child welfare 45
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services if, after consultation with the attorney who represents the 1
agency, the agency determines that such disclosure would cause a 2
specific and material harm to a criminal investigation. 3
6. If an agency which provides child welfare services receives 4
any information that is deemed confidential by law, the agency 5
which provides child welfare services shall maintain the 6
confidentiality of the information as prescribed by applicable law. 7
7. Pursuant to this section, a person may authorize the release 8
of information maintained by an agency which provides child 9
welfare services about himself or herself, but may not waive the 10
confidentiality of such information concerning any other person. 11
8. Except as otherwise provided in this subsection, any person 12
who is provided with information maintained by an agency which 13
provides child welfare services and who further disseminates the 14
information or makes the information public is guilty of a gross 15
misdemeanor. This subsection does not apply to a district attorney 16
or other law enforcement officer who uses the information solely for 17
the purpose of initiating legal proceedings against any person 18
alleged to be the perpetrator of the commercial sexual exploitation 19
of a child. 20
9. An agency which provides child welfare services may 21
charge a fee for processing costs reasonably necessary to prepare 22
information maintained by the agency which provides child welfare 23
services for release pursuant to this section. 24
10. An agency which provides child welfare services shall 25
adopt rules, policies or regulations to carry out the provisions of this 26
section. 27
11. As used in this section, “parent” has the meaning ascribed 28
to it in NRS 432B.080. 29
Sec. 8. This act becomes effective on July 1, 2023. 30
H