A.B. 126
- *AB126*
ASSEMBLY BILL NO. 126–ASSEMBLYMEMBER HARDY
PREFILED JANUARY 28, 2025
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to pornography involving
minors. (BDR 15-195)
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 criminal justice; expanding certain prohibitions
relating to pornography involving minors; providing
penalties; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law prohibits a person from committing certain acts regarding 1
pornography involving minors. (NRS 200.700-200.760) In general, sections 2 and 2
3 of this bill expand these prohibitions to include pornography involving: (1) 3
images of minors that have been manipulated using artificial intelligence; and (2) 4
artificial intelligence-generated minors. Section 1 of this bill defines the term 5
“artificial intelligence-generated minor” for purposes of these prohibitions and 6
certain other provisions of existing law relating to pornography involving minors to 7
mean a fictional human that: (1) is generated through the use of artificial 8
intelligence; and (2) has anatomical or physical features that make the fictional 9
human appear to be a minor. Section 1 also defines certain other terms for the same 10
purpose. 11
Existing law provides that a person who knowingly prepares, advertises or 12
distributes any item or material that depicts a minor engaging in or simulating, or 13
assisting others to engage in or simulate, sexual conduct is guilty of a category B 14
felony. (NRS 200.725) Section 2 expands this prohibition to include any item or 15
material that contains or incorporates: (1) an image of a minor that has been 16
mechanically or digitally altered to depict the minor engaging in or simulating, or 17
assisting others to engage in or simulate, sexual conduct; or (2) an obscene 18
depiction of an artificial intelligence-generated minor engaging in or simulating, or 19
assisting others to engage in or simulate, certain sexual conduct. 20
Existing law provides that a person who knowingly and willfully has in his or 21
her possession any film, photograph or other visual representation depicting a 22
person under the age of 16 years as the subject of a sexual portrayal or engaging in, 23
simulating, or assisting others to engage in or simulate, sexual conduct is guilty of: 24
(1) a category B felony for the first offense; and (2) a category A felony for any 25
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subsequent offense. (NRS 200.730) Section 3 expands this prohibition to include 26
any film, photograph or other visual presentation that contains or incorporates: (1) 27
an image of a minor that has been mechanically or digitally altered to depict the 28
minor engaging in or simulating, or assisting others to engage in or simulate, sexual 29
conduct; or (2) an obscene depiction of an artificial intelligence-generated minor as 30
the subject of a sexual portrayal or engaging in or simulating, or assisting others to 31
engage in or simulate, sexual conduct. Section 15 of this bill makes conforming 32
changes to refer to provisions that have been renumbered by section 3. 33
Existing law requires a person convicted of a sexual offense to register as a sex 34
offender and comply with certain other requirements. (NRS 179D.441, 179D.445, 35
179D.460) Existing law defines the term sexual offense for the purposes of these 36
requirements to include any offense involving pornography and a minor. (NRS 37
179D.097) Because sections 2 and 3 expand the applicability of offenses involving 38
pornography and a minor, section 21 has the effect of requiring a person convicted 39
of a violation of section 2 or 3 to: (1) register as a sex offender under certain 40
circumstances; and (2) comply with certain other requirements applicable to sex 41
offenders. Sections 4-14 and 16-25 of this bill make conforming changes to certain 42
provisions that refer to offenses involving pornography and a minor to make such 43
provisions also refer to certain offenses involving pornography and an artificial-44
intelligence generated minor. 45
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.700 is hereby amended to read as follows: 1
200.700 As used in NRS 200.700 to 200.760, inclusive, unless 2
the context otherwise requires: 3
1. “Artificial intelligence-generated minor” means a fictional 4
human that: 5
(a) Is generated through the use of artificial intelligence; and 6
(b) Has anatomical or physical features that make the fictional 7
human appear to be a minor. 8
2. “Community” means the area from which a jury is or 9
would be selected for the court in which the action is tried. 10
3. “Obscene” means any item or material which: 11
(a) An average person applying contemporary adult 12
community standards would find, taken as a whole, appeals to 13
prurient interest; and 14
(b) Taken as a whole, lacks serious literary, artistic, political 15
or scientific value. 16
4. “Performance” means any play, film, photograph, computer-17
generated image, electronic representation, dance or other visual 18
presentation. 19
[2.] 5. “Promote” means to produce, direct, procure, 20
manufacture, sell, give, lend, publish, distribute, exhibit, advertise or 21
possess for the purpose of distribution. 22
[3.] 6. “Sexual conduct” means sexual intercourse, lewd 23
exhibition of the genitals, fellatio, cunnilingus, bestiality, anal 24
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intercourse, excretion, sado-masochistic abuse, masturbation, or the 1
penetration of any part of a person’s body or of any object 2
manipulated or inserted by a person into the genital or anal opening 3
of the body of another. 4
[4.] 7. “Sexual portrayal” means the depiction of a person in a 5
manner which appeals to the prurient interest in sex and which does 6
not have serious literary, artistic, political or scientific value. 7
Sec. 2. NRS 200.725 is hereby amended to read as follows: 8
200.725 1. A person [who] shall not knowingly [prepares, 9
advertises] prepare, advertise or [distributes] distribute any item or 10
material that [depicts] : 11
(a) Depicts a minor engaging in, or simulating, or assisting 12
others to engage in or simulate, sexual conduct ; or 13
(b) Contains or incorporates, in any manner, an: 14
(1) Image of a minor that has been mechanically or 15
digitally altered, including, without limitation, through the use of 16
artificial intelligence, to depict the minor engaging in or 17
simulating, or assisting others to engage in or simulate, sexual 18
conduct; or 19
(2) Obscene depiction of an artificial intelligence-generated 20
minor engaging in or simulating, or assisting others to engage in 21
or simulate, sexual conduct. 22
2. A person who violates any provision of subsection 1 is 23
guilty of a category B felony and shall be punished by imprisonment 24
in the state prison for a minimum term of not less than 1 year and a 25
maximum term of not more than 15 years, or by a fine of not more 26
than $15,000, or by both fine and imprisonment. 27
Sec. 3. NRS 200.730 is hereby amended to read as follows: 28
200.730 1. A person [who] shall not knowingly and willfully 29
[has] have in his or her possession for any purpose any film, 30
photograph or other visual presentation [depicting] that: 31
(a) Depicts a person under the age of 16 years as the subject of a 32
sexual portrayal or engaging in or simulating, or assisting others to 33
engage in or simulate, sexual conduct [: 34
1.] ; or 35
(b) Contains or incorporates, in any manner, an: 36
(1) Image of a minor that has been mechanically or 37
digitally altered, including, without limitation, through the use of 38
artificial intelligence, to depict the minor as the subject of a sexual 39
portrayal or engaging in or simulating, or assisting others to 40
engage in or simulate, sexual conduct; or 41
(2) Obscene depiction of an artificial intelligence-generated 42
minor as the subject of a sexual portrayal or engaging in or 43
simulating, or assisting others to engage in or simulate, sexual 44
conduct. 45
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2. A person who violates any provision of subsection 1: 1
(a) For the first offense, is guilty of a category B felony and 2
shall be punished by imprisonment in the state prison for a 3
minimum term of not less than 1 year and a maximum term of not 4
more than 6 years, and may be further punished by a fine of not 5
more than $5,000. 6
[2.] (b) For any subsequent offense, is guilty of a category A 7
felony and shall be punished by imprisonment in the state prison for 8
a minimum term of not less than 1 year and a maximum term of life 9
with the possibility of parole, and may be further punished by a fine 10
of not more than $5,000. 11
Sec. 4. NRS 202.876 is hereby amended to read as follows: 12
202.876 “Violent or sexual offense” means any act that, if 13
prosecuted in this State, would constitute any of the following 14
offenses: 15
1. Murder or voluntary manslaughter pursuant to NRS 200.010 16
to 200.260, inclusive. 17
2. Mayhem pursuant to NRS 200.280. 18
3. Kidnapping pursuant to NRS 200.310 to 200.340, inclusive. 19
4. Sexual assault pursuant to NRS 200.366. 20
5. Robbery pursuant to NRS 200.380. 21
6. Administering poison or another noxious or destructive 22
substance or liquid with intent to cause death pursuant to 23
NRS 200.390. 24
7. Battery with intent to commit a crime pursuant to 25
NRS 200.400. 26
8. Administering a drug or controlled substance to another 27
person with the intent to enable or assist the commission of a felony 28
or crime of violence pursuant to NRS 200.405 or 200.408. 29
9. False imprisonment pursuant to NRS 200.460 if the false 30
imprisonment involves the use or threatened use of force or violence 31
against the victim or the use or threatened use of a firearm or a 32
deadly weapon. 33
10. Assault with a deadly weapon pursuant to NRS 200.471. 34
11. Battery which is committed with the use of a deadly 35
weapon or which results in substantial bodily harm as described in 36
NRS 200.481 or battery which is committed by strangulation as 37
described in NRS 200.481 or 200.485. 38
12. An offense involving pornography and a minor or an 39
artificial intelligence-generated minor pursuant to NRS 200.710 or 40
200.720. 41
13. Open or gross lewdness pursuant to NRS 201.210. 42
14. Lewdness with a child pursuant to NRS 201.230. 43
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15. An offense involving pandering or sex trafficking in 1
violation of NRS 201.300, prostitution in violation of NRS 201.320 2
or advancing prostitution in violation of NRS 201.395. 3
16. Coercion pursuant to NRS 207.190, if the coercion 4
involves the use or threatened use of force or violence against the 5
victim or the use or threatened use of a firearm or a deadly weapon. 6
17. An attempt, conspiracy or solicitation to commit an offense 7
listed in this section. 8
Sec. 5. NRS 50.700 is hereby amended to read as follows: 9
50.700 1. In any criminal or juvenile delinquency action 10
relating to the commission of a sexual offense, a court may not order 11
the victim of or a witness to the sexual offense to take or submit to a 12
psychological or psychiatric examination. 13
2. The court may exclude the testimony of a licensed 14
psychologist, psychiatrist or clinical social worker who performed a 15
psychological or psychiatric examination on the victim or witness if: 16
(a) There is a prima facie showing of a compelling need for an 17
additional psychological or psychiatric examination of the victim or 18
witness by a licensed psychologist, psychiatrist or clinical social 19
worker; and 20
(b) The victim or witness refuses to submit to an additional 21
psychological or psychiatric examination by a licensed psychologist, 22
psychiatrist or clinical social worker. 23
3. In determining whether there is a prima facie showing of a 24
compelling need for an additional psychological or psychiatric 25
examination of the victim or witness pursuant to subsection 2, the 26
court must consider whether: 27
(a) There is a reasonable basis for believing that the mental or 28
emotional state of the victim or witness may have affected his or her 29
ability to perceive and relate events relevant to the criminal 30
prosecution; and 31
(b) Any corroboration of the offense exists beyond the 32
testimony of the victim or witness. 33
4. If the court determines there is a prima facie showing of a 34
compelling need for an additional psychological or psychiatric 35
examination of the victim or witness, the court shall issue a factual 36
finding that details with particularity the reasons why an additional 37
psychological or psychiatric examination of the victim or witness is 38
warranted. 39
5. If the court issues a factual finding pursuant to subsection 4 40
and the victim or witness consents to an additional psychological or 41
psychiatric examination, the court shall set the parameters for the 42
examination consistent with the purpose of determining the ability 43
of the victim or witness to perceive and relate events relevant to the 44
criminal prosecution. 45
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6. As used in this section, “sexual offense” includes, without 1
limitation: 2
(a) An offense that is found to be sexually motivated pursuant to 3
NRS 175.547 or 207.193; 4
(b) Sexual assault pursuant to NRS 200.366; 5
(c) Statutory sexual seduction pursuant to NRS 200.368; 6
(d) Battery with intent to commit sexual assault pursuant to 7
NRS 200.400; 8
(e) Abuse of a child pursuant to NRS 200.508, if the abuse 9
involved sexual abuse or sexual exploitation; 10
(f) An offense involving pornography and a minor or an 11
artificial intelligence-generated minor pursuant to NRS 200.710 to 12
200.730, inclusive; 13
(g) Fertility fraud pursuant to paragraph (a) of subsection 1 of 14
NRS 200.975; 15
(h) Incest pursuant to NRS 201.180; 16
(i) Open or gross lewdness pursuant to NRS 201.210; 17
(j) Indecent or obscene exposure pursuant to NRS 201.220; 18
(k) Lewdness with a child pursuant to NRS 201.230; 19
(l) Pandering or sex trafficking of a child pursuant to 20
NRS 201.300; 21
(m) An offense involving the administration of a drug to another 22
person with the intent to enable or assist the commission of a felony 23
pursuant to NRS 200.405, if the felony is an offense listed in this 24
section; 25
(n) An offense involving the administration of a controlled 26
substance to another person with the intent to enable or assist the 27
commission of a crime of violence pursuant to NRS 200.408, if the 28
crime of violence is an offense listed in this section; 29
(o) Sexual penetration of a dead human body pursuant to 30
NRS 201.450; 31
(p) A violation of NRS 201.553; 32
(q) Luring a child or a person with mental illness pursuant to 33
NRS 201.560; 34
(r) Any other offense that has an element involving a sexual act 35
or sexual conduct with another person; or 36
(s) Any attempt or conspiracy to commit an offense listed in this 37
subsection. 38
Sec. 6. NRS 62B.270 is hereby amended to read as follows: 39
62B.270 1. A public institution or agency to which a juvenile 40
court commits a child or the licensing authority of a private 41
institution to which a juvenile court commits a child, including, 42
without limitation, a facility for the detention of children, shall 43
secure from appropriate law enforcement agencies information on 44
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the background and personal history of each employee of the 1
institution or agency to determine: 2
(a) Whether the employee has been convicted of: 3
(1) Murder, voluntary manslaughter, involuntary 4
manslaughter or mayhem; 5
(2) Any other felony involving the use or threatened use of 6
force or violence or the use of a firearm or other deadly weapon; 7
(3) Assault with intent to kill or to commit sexual assault or 8
mayhem; 9
(4) Battery which results in substantial bodily harm to the 10
victim; 11
(5) Battery that constitutes domestic violence that is 12
punishable as a felony; 13
(6) Battery that constitutes domestic violence, other than a 14
battery described in subparagraph (5), within the immediately 15
preceding 3 years; 16
(7) Sexual assault, statutory sexual seduction, incest, 17
lewdness, indecent exposure, an offense involving pornography and 18
a minor or an artificial intelligence generated-minor or any other 19
sexually related crime; 20
(8) A crime involving pandering or prostitution, including, 21
without limitation, a violation of any provision of NRS 201.295 to 22
201.440, inclusive, other than a violation of NRS 201.353 or 23
201.354 by engaging in prostitution; 24
(9) Abuse or neglect of a child, including, without limitation, 25
a violation of any provision of NRS 200.508 or 200.5083; 26
(10) A violation of any federal or state law regulating the 27
possession, distribution or use of any controlled substance or any 28
dangerous drug as defined in chapter 454 of NRS within the 29
immediately preceding 3 years; 30
(11) A violation of any federal or state law prohibiting 31
driving or being in actual physical control of a vehicle while under 32
the influence of intoxicating liquor or a controlled substance that is 33
punishable as a felony; 34
(12) A violation of any federal or state law prohibiting 35
driving or being in actual physical control of a vehicle while under 36
the influence of intoxicating liquor or a controlled substance, other 37
than a violation described in subparagraph (11), within the 38
immediately preceding 3 years; 39
(13) Abuse, neglect, exploitation, isolation or abandonment 40
of older persons or vulnerable persons, including, without 41
limitation, a violation of any provision of NRS 200.5091 to 42
200.50995, inclusive, or a law of any other jurisdiction that 43
prohibits the same or similar conduct; or 44
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(14) Any offense involving arson, fraud, theft, 1
embezzlement, burglary, robbery, fraudulent conversion, 2
misappropriation of property or perjury within the immediately 3
preceding 7 years; or 4
(b) Whether there are criminal charges pending against the 5
employee for a crime listed in paragraph (a). 6
2. An employee of the public or private institution or agency 7
must submit to the public institution or agency or the licensing 8
authority, as applicable, a complete set of fingerprints and written 9
authorization to forward those fingerprints to the Central Repository 10
for Nevada Records of Criminal History for submission to the 11
Federal Bureau of Investigation for its report. 12
3. The public institution or agency or the licensing authority, as 13
applicable, may exchange with the Central Repository or the Federal 14
Bureau of Investigation any information concerning the fingerprints 15
submitted. 16
4. The public institution or agency or the licensing authority, as 17
applicable, may charge an employee investigated pursuant to this 18
section for the reasonable cost of that investigation. 19
5. When a report from the Federal Bureau of Investigation is 20
received by the Central Repository, the Central Repository shall 21
immediately forward a copy of the report to the public institution or 22
agency or the licensing authority, as applicable, for a determination 23
of whether the employee has criminal charges pending against him 24
or her for a crime listed in paragraph (a) of subsection 1 or has been 25
convicted of a crime listed in paragraph (a) of subsection 1. 26
6. A person who is required to submit to an investigation 27
required pursuant to this section shall not have contact with a child 28
without supervision in a public or private institution or agency to 29
which a juvenile court commits a child, including, without 30
limitation, a facility for the detention of children, before the 31
investigation of the background and personal history of the person 32
has been conducted. 33
7. The public institution or agency or the licensing authority, as 34
applicable, shall conduct an investigation of each employee of the 35
institution or agency pursuant to this section at least once every 5 36
years after the initial investigation. 37
8. For the purposes of this section, the period during which 38
criminal charges are pending against an employee for a crime listed 39
in paragraph (a) of subsection 1 begins when the employee is 40
arrested for such a crime and ends when: 41
(a) A determination is made as to the guilt or innocence of the 42
employee with regard to such a crime at a trial or by a plea; or 43
(b) The prosecuting attorney makes a determination to: 44
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(1) Decline charging the employee with a crime listed in 1
paragraph (a) of subsection 1; or 2
(2) Proceed with charges against the employee for only one 3
or more crimes not listed in paragraph (a) of subsection 1. 4
Sec. 7. NRS 62C.120 is hereby amended to read as follows: 5
62C.120 1. If a petition filed pursuant to the provisions of 6
this title contains allegations that a child committed an unlawful act 7
which would have been a sexual offense if committed by an adult or 8
which involved the use or threatened use of force or violence against 9
the victim, the district attorney shall provide to the victim and, if the 10
victim is less than 18 years of age, to the parent or guardian of the 11
victim, as soon as practicable after the petition is filed, 12
documentation that includes: 13
(a) A form advising the victim and the parent or guardian of the 14
victim of their rights pursuant to the provisions of this title; and 15
(b) The form or procedure that must be used to request 16
disclosure pursuant to NRS 62D.440. 17
2. As used in this section, “sexual offense” means: 18
(a) Sexual assault pursuant to NRS 200.366; 19
(b) Battery with intent to commit sexual assault pursuant to 20
NRS 200.400; 21
(c) An offense involving pornography and a minor or an 22
artificial intelligence-generated minor pursuant to NRS 200.710 to 23
200.730, inclusive; 24
(d) Open or gross lewdness pursuant to NRS 201.210; 25
(e) Indecent or obscene exposure pursuant to NRS 201.220; 26
(f) Lewdness with a child pursuant to NRS 201.230; 27
(g) Sexual penetration of a dead human body pursuant to 28
NRS 201.450; 29
(h) Luring a child or person with mental illness pursuant to NRS 30
201.560, if punishable as a felony; or 31
(i) An attempt to commit an offense listed in this subsection. 32
Sec. 8. NRS 62F.100 is hereby amended to read as follows: 33
62F.100 As used in NRS 62F.100 to 62F.150, inclusive, unless 34
the context otherwise requires, “sexual offense” means: 35
1. Sexual assault pursuant to NRS 200.366; 36
2. Battery with intent to commit sexual assault pursuant to 37
NRS 200.400; 38
3. An offense involving pornography and a minor or an 39
artificial intelligence-generated minor pursuant to NRS 200.710 to 40
200.730, inclusive; 41
4. Open or gross lewdness pursuant to NRS 201.210, if 42
punishable as a felony; 43
5. Indecent or obscene exposure pursuant to NRS 201.220, if 44
punishable as a felony; 45
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6. Lewdness with a child pursuant to NRS 201.230; 1
7. Sexual penetration of a dead human body pursuant to 2
NRS 201.450; 3
8. Luring a child or person with mental illness pursuant to 4
NRS 201.560, if punishable as a felony; or 5
9. An attempt to commit an offense listed in this section, if 6
punishable as a felony. 7
Sec. 9. NRS 62F.225 is hereby amended to read as follows: 8
62F.225 1. “Sexual offense” means: 9
(a) Sexual assault pursuant to NRS 200.366; 10
(b) An offense involving pornography and a minor or an 11
artificial intelligence-generated minor pursuant to NRS 200.710 to 12
200.730, inclusive; 13
(c) Lewdness with a child pursuant to NRS 201.230; 14
(d) An attempt or conspiracy to commit an offense listed in 15
paragraph (a), (b) or (c), if punishable as a felony; 16
(e) An offense that is determined to be sexually motivated 17
pursuant to NRS 175.547 or 207.193; or 18
(f) An aggravated sexual offense. 19
2. The term does not include an offense involving consensual 20
sexual conduct if the victim was: 21
(a) An adult, unless the adult was under the custodial authority 22
of the offender at the time of the offense; or 23
(b) At least 13 years of age and the offender was not more than 24
4 years older than the victim at the time of the commission of the 25
offense. 26
Sec. 10. NRS 62G.223 is hereby amended to read as follows: 27
62G.223 1. A department of juvenile justice services shall 28
secure from appropriate law enforcement agencies information on 29
the background and personal history of each applicant for 30
employment with the department of juvenile justice services, and 31
each employee of the department of juvenile justice services, to 32
determine: 33
(a) Whether the applicant or employee has been convicted of: 34
(1) Murder, voluntary manslaughter, i nvoluntary 35
manslaughter or mayhem; 36
(2) Any felony involving the use or threatened use of force or 37
violence or the use of a firearm or other deadly weapon; 38
(3) Assault with intent to kill or to commit sexual assault or 39
mayhem; 40
(4) Battery which results in substantial bodily harm to the 41
victim; 42
(5) Battery that constitutes domestic violence that is 43
punishable as a felony; 44
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(6) Battery that constitutes domestic violence, other than a 1
battery described in subparagraph (5), within the immediately 2
preceding 3 years; 3
(7) Sexual assault, statutory sexual seduction, incest, 4
lewdness, indecent exposure or an offense involving pornography 5
and a minor [;] or an artificial intelligence-generated minor; 6
(8) A crime involving pandering or prostitution, including, 7
without limitation, a violation of any provision of NRS 201.295 to 8
201.440, inclusive; 9
(9) Abuse or neglect of a child, including, without limitation, 10
a violation of any provision of NRS 200.508 or 200.5083 or 11
contributory delinquency; 12
(10) A violation of any federal or state law regulating the 13
possession, distribution or use of any controlled substance or any 14
dangerous drug as defined in chapter 454 of NRS; 15
(11) A violation of any federal or state law prohibiting 16
driving or being in actual physical control of a vehicle while under 17
the influence of intoxicating liquor or a controlled substance that is 18
punishable as a felony; 19
(12) A violation of any federal or state law prohibiting 20
driving or being in actual physical control of a vehicle while under 21
the influence of intoxicating liquor or a controlled substance, other 22
than a violation described in subparagraph (11), within the 23
immediately preceding 3 years; 24
(13) Abuse, neglect, exploitation, isolation or abandonment 25
of older persons or vulnerable persons, including, without 26
limitation, a violation of any provision of NRS 200.5091 to 27
200.50995, inclusive, or a law of any other jurisdiction that 28
prohibits the same or similar conduct; or 29
(14) Any offense involving arson, fraud, theft, 30
embezzlement, burglary, robbery, fraudulent conversion, 31
misappropriation of property or perjury within the immediately 32
preceding 7 years; or 33
(b) Whether there are criminal charges pending against the 34
applicant or employee for a violation of an offense listed in 35
paragraph (a). 36
2. A department of juvenile justice services shall request 37
information from: 38
(a) The Statewide Central Registry concerning an applicant for 39
employment with the department of juvenile justice services, or an 40
employee of the department of juvenile justice services, to 41
determine whether there has been a substantiated report of child 42
abuse or neglect made against the applicant or employee; and 43
(b) The central registry of information concerning the abuse or 44
neglect of a child established by any other state in which the 45
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applicant or employee resided within the immediately preceding 5 1
years to ensure satisfactory clearance with that registry. 2
3. Each applicant for employment with the department of 3
juvenile justice services, and each employee of the department of 4
juvenile justice services, must submit to the department of juvenile 5
justice services: 6
(a) A complete set of his or her fingerprints and written 7
authorization to forward those fingerprints to the Central Repository 8
for Nevada Records of Criminal History for submission to the 9
Federal Bureau of Investigation for its report; and 10
(b) Written authorization for the department of juvenile justice 11
services to obtain any information that may be available from the 12
Statewide Central Registry or the central registry of information 13
concerning the abuse or neglect of a child established by any other 14
state in which the applicant or employee resided within the 15
immediately preceding 5 years. 16
4. The department of juvenile justice services may exchange 17
with the Central Repository or the Federal Bureau of Investigation 18
any information concerning the fingerprints submitted pursuant to 19
this section. 20
5. When a report from the Federal Bureau of Investigation is 21
received by the Central Repository, the Central Repository shall 22
immediately forward a copy of the report to the department of 23
juvenile justice services for a determination of whether the applicant 24
or employee has criminal charges pending against him or her for a 25
crime listed in paragraph (a) of subsection 1 or has been convicted 26
of a crime listed in paragraph (a) of subsection 1. 27
6. A department of juvenile justice services shall conduct an 28
investigation of each employee of the department pursuant to this 29
section at least once every 5 years after the initial investigation. 30
7. As used in this section, “Statewide Central Registry” means 31
the Statewide Central Registry for the Collection of Information 32
Concerning the Abuse or Neglect of a Child established by 33
NRS 432.100. 34
Sec. 11. NRS 62G.353 is hereby amended to read as follows: 35
62G.353 1. A department of juvenile justice services shall 36
secure from appropriate law enforcement agencies information on 37
the background and personal history of each applicant for 38
employment with the department of juvenile justice services, and 39
each employee of the department of juvenile justice services, to 40
determine: 41
(a) Whether the applicant or employee has been convicted of: 42
(1) Murder, voluntary manslaughter, i nvoluntary 43
manslaughter or mayhem; 44
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(2) Any felony involving the use or threatened use of force or 1
violence or the use of a firearm or other deadly weapon; 2
(3) Assault with intent to kill or to commit sexual assault or 3
mayhem; 4
(4) Battery which results in substantial bodily harm to the 5
victim; 6
(5) Battery that constitutes domestic violence that is 7
punishable as a felony; 8
(6) Battery that constitutes domestic violence, other than a 9
battery described in subparagraph (5), within the immediately 10
preceding 3 years; 11
(7) Sexual assault, statutory sexual seduction, incest, 12
lewdness, indecent exposure or an offense involving pornography 13
and a minor [;] or an artificial intelligence-generated minor; 14
(8) A crime involving pandering or prostitution, including, 15
without limitation, a violation of any provision of NRS 201.295 to 16
201.440, inclusive; 17
(9) Abuse or neglect of a child, including, without limitation, 18
a violation of any provision of NRS 200.508 or 200.5083 or 19
contributory delinquency; 20
(10) A violation of any federal or state law regulating the 21
possession, distribution or use of any controlled substance or any 22
dangerous drug as defined in chapter 454 of NRS; 23
(11) A violation of any federal or state law prohibiting 24
driving or being in actual physical control of a vehicle while under 25
the influence of intoxicating liquor or a controlled substance that is 26
punishable as a felony; 27
(12) A violation of any federal or state law prohibiting 28
driving or being in actual physical control of a vehicle while under 29
the influence of intoxicating liquor or a controlled substance, other 30
than a violation described in subparagraph (11), within the 31
immediately preceding 3 years; 32
(13) Abuse, neglect, exploitation, isolation or abandonment 33
of older persons or vulnerable persons, including, without 34
limitation, a violation of any provision of NRS 200.5091 to 35
200.50995, inclusive, or a law of any other jurisdiction that 36
prohibits the same or similar conduct; or 37
(14) Any offense involving arson, fraud, theft, 38
embezzlement, burglary, robbery, fraudulent conversion, 39
misappropriation of property or perjury within the immediately 40
preceding 7 years; or 41
(b) Whether there are criminal charges pending against the 42
applicant or employee for a violation of an offense listed in 43
paragraph (a). 44
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2. A department of juvenile justice services shall request 1
information from: 2
(a) The Statewide Central Registry concerning an applicant for 3
employment with the department of juvenile justice services, or an 4
employee of the department of juvenile justice services, to 5
determine whether there has been a substantiated report of child 6
abuse or neglect made against the applicant or employee; and 7
(b) The central registry of information concerning the abuse or 8
neglect of a child established by any other state in which the 9
applicant or employee resided within the immediately preceding 5 10
years to ensure satisfactory clearance with that registry. 11
3. Each applicant for employment with the department of 12
juvenile justice services, and each employee of the department of 13
juvenile justice services, must submit to the department of juvenile 14
justice services: 15
(a) A complete set of his or her fingerprints and written 16
authorization to forward those fingerprints to the Central Repository 17
for Nevada Records of Criminal History for submission to the 18
Federal Bureau of Investigation for its report; and 19
(b) Written authorization for the department of juvenile justice 20
services to obtain any information that may be available from the 21
Statewide Central Registry or the central registry of information 22
concerning the abuse or neglect of a child established by any other 23
state in which the applicant or employee resided within the 24
immediately preceding 5 years. 25
4. The department of juvenile justice services may exchange 26
with the Central Repository or the Federal Bureau of Investigation 27
any information concerning the fingerprints submitted pursuant to 28
this section. 29
5. When a report from the Federal Bureau of Investigation is 30
received by the Central Repository, the Central Repository shall 31
immediately forward a copy of the report to the department of 32
juvenile justice services for a determination of whether the applicant 33
or employee has criminal charges pending against him or her for a 34
crime listed in paragraph (a) of subsection 1 or has been convicted 35
of a crime listed in paragraph (a) of subsection 1. 36
6. A department of juvenile justice services shall conduct an 37
investigation of each employee of the department pursuant to this 38
section at least once every 5 years after the initial investigation. 39
7. As used in this section, “Statewide Central Registry” means 40
the Statewide Central Registry for the Collection of Information 41
Concerning the Abuse or Neglect of a Child established by 42
NRS 432.100. 43
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Sec. 12. NRS 62H.010 is hereby amended to read as follows: 1
62H.010 1. The fingerprints of a child must be taken if the 2
child is in custody for an unlawful act that, if committed by an adult, 3
would have been: 4
(a) A felony, gross misdemeanor or sexual offense; or 5
(b) A misdemeanor and the unlawful act involved: 6
(1) The use or threatened use of force or violence against the 7
victim; or 8
(2) The possession, use or threatened use of a firearm or a 9
deadly weapon. 10
2. The fingerprints of a child who is in custody but who is not 11
subject to the provisions of subsection 1 may be taken if a law 12
enforcement officer finds latent fingerprints during the investigation 13
of an offense and the officer has reason to believe that the latent 14
fingerprints are those of the child. The officer shall use the 15
fingerprints taken from the child to make an immediate comparison 16
with the latent fingerprints. If the comparison is: 17
(a) Negative, the fingerprint card and other copies of the 18
fingerprints taken may be immediately destroyed or may be retained 19
for future use. 20
(b) Positive, the fingerprint card and other copies of the 21
fingerprints: 22
(1) Must be delivered to the juvenile court for disposition if 23
the child is referred to the juvenile court. 24
(2) May be immediately destroyed or may be retained for 25
future use if the child is not referred to the juvenile court. 26
3. Fingerprints that are taken from a child pursuant to the 27
provisions of this section: 28
(a) May be retained in a local file or a local system for the 29
automatic retrieval of fingerprints if they are retained under special 30
security measures that limit inspection of the fingerprints to law 31
enforcement officers who are conducting criminal investigations. If 32
the child from whom the fingerprints are taken subsequently is not 33
adjudicated delinquent, the parent or guardian of the child or, when 34
the child becomes at least 18 years of age, the child may petition the 35
juvenile court for the removal of the fingerprints from any local file 36
or local system. 37
(b) Must be submitted to the Central Repository if the child is 38
adjudicated delinquent for an unlawful act that would have been a 39
felony or a sexual offense if committed by an adult, and may be 40
submitted to the Central Repository for any other act. Any such 41
fingerprints submitted to the Central Repository must be submitted 42
with a description of the child and the unlawful act, if any, that the 43
child committed. The Central Repository shall retain the fingerprints 44
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and information of the child under special security measures that 1
limit inspection of the fingerprints and the information to: 2
(1) Law enforcement officers who are conducting criminal 3
investigations; and 4
(2) Officers and employees of the Central Repository who 5
are assisting law enforcement officers with criminal investigations 6
or who are conducting research or performing a statistical analysis. 7
(c) Must not be submitted to the Federal Bureau of Investigation 8
unless the child is adjudicated delinquent for an unlawful act that 9
would have been a felony or a sexual offense if committed by an 10
adult. 11
4. A child who is in custody must be photographed for the 12
purpose of identification. Except as otherwise provided in this 13
subsection, the photographs of the child must be kept in the file 14
pertaining to the child under special security measures which 15
provide that the photographs may be inspected only to conduct 16
criminal investigations and photographic lineups. If the juvenile 17
court subsequently determines that the child is not delinquent, the 18
juvenile court shall order the photographs to be destroyed. 19
5. Any person who willfully violates any provision of this 20
section is guilty of a misdemeanor. 21
6. As used in this section, “sexual offense” means: 22
(a) Sexual assault pursuant to NRS 200.366; 23
(b) Statutory sexual seduction pursuant to NRS 200.368; 24
(c) Battery with intent to commit sexual assault pursuant to 25
NRS 200.400; 26
(d) An offense involving pornography and a minor or an 27
artificial intelligence-generated minor pursuant to NRS 200.710 to 28
200.730, inclusive; 29
(e) Incest pursuant to NRS 201.180; 30
(f) Open or gross lewdness pursuant to NRS 201.210; 31
(g) Indecent or obscene exposure pursuant to NRS 201.220; 32
(h) Lewdness with a child pursuant to NRS 201.230; 33
(i) Sexual penetration of a dead human body pursuant to 34
NRS 201.450; 35
(j) Luring a child or person with mental illness pursuant to NRS 36
201.560, if punishable as a felony; 37
(k) An attempt to commit an offense listed in paragraphs (a) to 38
(j), inclusive; or 39
(l) An offense that is determined to be sexually motivated 40
pursuant to NRS 175.547. 41
Sec. 13. NRS 62H.220 is hereby amended to read as follows: 42
62H.220 1. For each child adjudicated delinquent for an 43
unlawful act that would have been a sexual offense if committed by 44
an adult, the Division of Child and Family Services shall collect 45
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from the juvenile courts, local juvenile probation departments and 1
the staff of the youth correctional services, as directed by the 2
Department of Health and Human Services: 3
(a) The information listed in NRS 62H.210; 4
(b) The name of the child; and 5
(c) All information concerning programs of treatment in which 6
the child participated that: 7
(1) Were directly related to the delinquent act committed by 8
the child; or 9
(2) Were designed or utilized to prevent the commission of 10
another such act by the child in the future. 11
2. The Division of Child and Family Services shall provide the 12
information collected pursuant to subsection 1 to the Director of the 13
Department of Health and Human Services for use in the program 14
established pursuant to NRS 62H.300, 62H.310 and 62H.320. 15
3. Except as otherwise provided in NRS 239.0115, all 16
information containing the name of the child and all information 17
relating to programs of treatment in which the child participated is 18
confidential and must not be used for a purpose other than that 19
provided for in this section and NRS 62H.320. 20
4. As used in this section, “sexual offense” means: 21
(a) Sexual assault pursuant to NRS 200.366; 22
(b) Statutory sexual seduction pursuant to NRS 200.368; 23
(c) Battery with intent to commit sexual assault pursuant to 24
NRS 200.400; 25
(d) An offense involving pornography and a minor or an 26
artificial intelligence-generated minor pursuant to NRS 200.710 to 27
200.730, inclusive; 28
(e) Incest pursuant to NRS 201.180; 29
(f) Open or gross lewdness pursuant to NRS 201.210; 30
(g) Indecent or obscene exposure pursuant to NRS 201.220; 31
(h) Lewdness with a child pursuant to NRS 201.230; 32
(i) Sexual penetration of a dead human body pursuant to 33
NRS 201.450; 34
(j) Luring a child using a computer, system or network pursuant 35
to NRS 201.560, if punished as a felony; 36
(k) Annoyance or molestation of a minor pursuant to 37
NRS 207.260; 38
(l) An attempt to commit an offense listed in paragraphs (a) to 39
(k), inclusive; 40
(m) An offense that is determined to be sexually motivated 41
pursuant to NRS 175.547; or 42
(n) An offense committed in another jurisdiction that, if 43
committed in this State, would have been an offense listed in this 44
subsection. 45
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Sec. 14. NRS 62H.310 is hereby amended to read as follows: 1
62H.310 As used in this section and NRS 62H.300 and 2
62H.320: 3
1. “Juvenile sex offender” means a child adjudicated 4
delinquent for an act that, if committed by an adult, would be a 5
sexual offense. 6
2. “Sexual offense” means: 7
(a) Sexual assault pursuant to NRS 200.366; 8
(b) Statutory sexual seduction pursuant to NRS 200.368; 9
(c) Battery with intent to commit sexual assault pursuant to 10
NRS 200.400; 11
(d) An offense involving pornography and a minor or an 12
artificial intelligence-generated minor pursuant to NRS 200.710 to 13
200.730, inclusive; 14
(e) Incest pursuant to NRS 201.180; 15
(f) Open or gross lewdness pursuant to NRS 201.210; 16
(g) Indecent or obscene exposure pursuant to NRS 201.220; 17
(h) Lewdness with a child pursuant to NRS 201.230; 18
(i) Sexual penetration of a dead human body pursuant to 19
NRS 201.450; 20
(j) Luring a child or a person with mental illness pursuant to 21
NRS 201.560, if punished as a felony; 22
(k) An attempt to commit an offense listed in paragraphs (a) to 23
(j), inclusive; 24
(l) An offense that is determined to be sexually motivated 25
pursuant to NRS 175.547; or 26
(m) An offense committed in another jurisdiction that, if 27
committed in this State, would be an offense listed in this 28
subsection. 29
Sec. 15. NRS 176.0931 is hereby amended to read as follows: 30
176.0931 1. If a defendant is convicted of a sexual offense, 31
the court shall include in sentencing, in addition to any other 32
penalties provided by law, a special sentence of lifetime supervision. 33
2. The special sentence of lifetime supervision commences 34
after any period of probation or any term of imprisonment and any 35
period of release on parole. 36
3. A person sentenced to lifetime supervision may petition the 37
sentencing court or the State Board of Parole Commissioners for 38
release from lifetime supervision. The sentencing court or the Board 39
shall grant a petition for release from a special sentence of lifetime 40
supervision if: 41
(a) The person has complied with the requirements of the 42
provisions of NRS 179D.010 to 179D.550, inclusive; 43
(b) The person has not been convicted of an offense that poses a 44
threat to the safety or well-being of others for an interval of at least 45
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10 consecutive years after the person’s last conviction or release 1
from incarceration, whichever occurs later; and 2
(c) The person is not likely to pose a threat to the safety of 3
others, as determined by a licensed, clinical professional who has 4
received training in the treatment of sexual offenders, if released 5
from lifetime supervision. 6
4. A person who is released from lifetime supervision pursuant 7
to the provisions of subsection 3 remains subject to the provisions 8
for registration as a sex offender and to the provisions for 9
community notification, unless the person is otherwise relieved from 10
the operation of those provisions pursuant to the provisions of NRS 11
179D.010 to 179D.550, inclusive. 12
5. As used in this section: 13
(a) “Offense that poses a threat to the safety or well-being of 14
others” includes, without limitation: 15
(1) An offense that involves: 16
(I) A victim less than 18 years of age; 17
(II) A crime against a child as defined in 18
NRS 179D.0357; 19
(III) A sexual offense as defined in NRS 179D.097; 20
(IV) A deadly weapon, explosives or a firearm; 21
(V) The use or threatened use of force or violence; 22
(VI) Physical or mental abuse; 23
(VII) Death or bodily injury; 24
(VIII) An act of domestic violence; 25
(IX) Harassment, stalking, threats of any kind or other 26
similar acts; 27
(X) The forcible or unlawful entry of a home, building, 28
structure, vehicle or other real or personal property; or 29
(XI) The infliction or threatened infliction of damage or 30
injury, in whole or in part, to real or personal property. 31
(2) Any offense listed in subparagraph (1) that is committed 32
in this State or another jurisdiction, including, without limitation, an 33
offense prosecuted in: 34
(I) A tribal court. 35
(II) A court of the United States or the Armed Forces of 36
the United States. 37
(b) “Sexual offense” means: 38
(1) A violation of NRS 200.366, subsection 4 of NRS 39
200.400, NRS 200.710, 200.720, paragraph (b) of subsection 2 of 40
NRS 200.730, paragraph (a) of subsection 1 of NRS 200.975, NRS 41
201.180, 201.230, 201.450, 201.540 or 201.550 or paragraph (a) or 42
(b) of subsection 4 or paragraph (a) or (b) of subsection 5 of 43
NRS 201.560; 44
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(2) An attempt to commit an offense listed in subparagraph 1
(1); or 2
(3) An act of murder in the first or second degree, 3
kidnapping in the first or second degree, false imprisonment, 4
burglary or invasion of the home if the act is determined to be 5
sexually motivated at a hearing conducted pursuant to NRS 175.547. 6
Sec. 16. NRS 176.133 is hereby amended to read as follows: 7
176.133 As used in NRS 176.133 to 176.161, inclusive, unless 8
the context otherwise requires: 9
1. “Person professionally qualified to conduct psychosexual 10
evaluations” means a person who has received training in 11
conducting psychosexual evaluations and is: 12
(a) A psychiatrist licensed to practice medicine in this State and 13
certified by the American Board of Psychiatry and Neurology, Inc.; 14
(b) A psychologist licensed to practice in this State; 15
(c) A social worker holding a master’s degree in social work and 16
licensed in this State as a clinical social worker; 17
(d) A registered nurse holding a master’s degree in the field of 18
psychiatric nursing and licensed to practice professional nursing in 19
this State; 20
(e) A marriage and family therapist licensed in this State 21
pursuant to chapter 641A of NRS; or 22
(f) A clinical professional counselor licensed in this State 23
pursuant to chapter 641A of NRS. 24
2. “Psychosexual evaluation” means an evaluation conducted 25
pursuant to NRS 176.139. 26
3. “Sexual offense” means: 27
(a) Sexual assault pursuant to NRS 200.366; 28
(b) Statutory sexual seduction pursuant to NRS 200.368, if 29
punished as a felony; 30
(c) Battery with intent to commit sexual assault pursuant to 31
NRS 200.400; 32
(d) Abuse of a child pursuant to NRS 200.508, if the abuse 33
involved sexual abuse or sexual exploitation and is punished as a 34
felony; 35
(e) An offense involving pornography and a minor or an 36
artificial intelligence-generated minor pursuant to NRS 200.710 to 37
200.730, inclusive; 38
(f) Fertility fraud pursuant to paragraph (a) of subsection 1 of 39
NRS 200.975; 40
(g) Incest pursuant to NRS 201.180; 41
(h) Open or gross lewdness pursuant to NRS 201.210, if 42
punished as a felony; 43
(i) Indecent or obscene exposure pursuant to NRS 201.220, if 44
punished as a felony; 45
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(j) Lewdness with a child pursuant to NRS 201.230; 1
(k) Soliciting a child for prostitution pursuant to NRS 201.354; 2
(l) Sexual penetration of a dead human body pursuant to 3
NRS 201.450; 4
(m) Sexual conduct between certain employees of a school or 5
volunteers at a school and a pupil pursuant to NRS 201.540; 6
(n) Sexual conduct between certain employees of a college or 7
university and a student pursuant to NRS 201.550; 8
(o) Luring a child or a person with mental illness pursuant to 9
NRS 201.560, if punished as a felony; 10
(p) An attempt to commit an offense listed in paragraphs (a) to 11
(o), inclusive, if punished as a felony; or 12
(q) An offense that is determined to be sexually motivated 13
pursuant to NRS 175.547 or 207.193. 14
Sec. 17. NRS 176A.110 is hereby amended to read as follows: 15
176A.110 1. The court shall not grant probation to or 16
suspend the sentence of a person convicted of an offense listed in 17
subsection 3 unless: 18
(a) If a psychosexual evaluation of the person is required 19
pursuant to NRS 176.139, the person who conducts the 20
psychosexual evaluation certifies in the report prepared pursuant to 21
NRS 176.139 that the person convicted of the offense does not 22
represent a high risk to reoffend based upon a currently accepted 23
standard of assessment; or 24
(b) If a psychosexual evaluation of the person is not required 25
pursuant to NRS 176.139, a psychologist licensed to practice in this 26
State who is trained to conduct psychosexual evaluations or a 27
psychiatrist licensed to practice medicine in this State who is 28
certified by the American Board of Psychiatry and Neurology, Inc., 29
and is trained to conduct psychosexual evaluations certifies in a 30
written report to the court that the person convicted of the offense 31
does not represent a high risk to reoffend based upon a currently 32
accepted standard of assessment. 33
2. This section does not create a right in any person to be 34
certified or to continue to be certified. No person may bring a cause 35
of action against the State, its political subdivisions, or the agencies, 36
boards, commissions, departments, officers or employees of the 37
State or its political subdivisions for not certifying a person pursuant 38
to this section or for refusing to consider a person for certification 39
pursuant to this section. 40
3. The provisions of this section apply to a person convicted of 41
any of the following offenses: 42
(a) Attempted sexual assault of a person who is 16 years of age 43
or older pursuant to NRS 200.366. 44
(b) Statutory sexual seduction pursuant to NRS 200.368. 45
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(c) Battery with intent to commit sexual assault pursuant to 1
NRS 200.400. 2
(d) Abuse or neglect of a child pursuant to NRS 200.508. 3
(e) An offense involving pornography and a minor or an 4
artificial intelligence-generated minor pursuant to NRS 200.710 to 5
200.730, inclusive. 6
(f) Fertility fraud pursuant to paragraph (a) of subsection 1 of 7
NRS 200.975. 8
(g) Incest pursuant to NRS 201.180. 9
(h) Open or gross lewdness pursuant to NRS 201.210. 10
(i) Indecent or obscene exposure pursuant to NRS 201.220. 11
(j) Soliciting a child for prostitution pursuant to NRS 201.354. 12
(k) Sexual penetration of a dead human body pursuant to 13
NRS 201.450. 14
(l) Sexual conduct between certain employees of a school or 15
volunteers at a school and a pupil pursuant to NRS 201.540. 16
(m) Sexual conduct between certain employees of a college or 17
university and a student pursuant to NRS 201.550. 18
(n) Luring a child or a person with mental illness pursuant to 19
NRS 201.560, if punished as a felony. 20
(o) A violation of NRS 207.180. 21
(p) An attempt to commit an offense listed in paragraphs (b) to 22
(o), inclusive. 23
(q) Coercion or attempted coercion that is determined to be 24
sexually motivated pursuant to NRS 207.193. 25
Sec. 18. NRS 176A.413 is hereby amended to read as follows: 26
176A.413 1. Except as otherwise provided in subsection 2, if 27
a defendant is convicted of stalking with the use of an Internet or 28
network site, electronic mail, text messaging or any other similar 29
means of communication pursuant to subsection 4 of NRS 200.575, 30
an offense involving pornography and a minor or an artificial 31
intelligence-generated minor pursuant to NRS 200.710 to 200.730, 32
inclusive, luring a child or a person with mental illness through the 33
use of a computer, system or network pursuant to paragraph (a) or 34
(b) of subsection 4 of NRS 201.560 or a violation of NRS 201.553 35
which involved the use of an electronic communication device and 36
the court grants probation or suspends the sentence, the court shall, 37
in addition to any other condition ordered pursuant to NRS 38
176A.400, order as a condition of probation or suspension that the 39
defendant not own or use a computer, including, without limitation, 40
use electronic mail, a chat room or the Internet. 41
2. The court is not required to impose a condition of probation 42
or suspension of sentence set forth in subsection 1 if the court finds 43
that: 44
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(a) The use of a computer by the defendant will assist a law 1
enforcement agency or officer in a criminal investigation; 2
(b) The defendant will use the computer to provide 3
technological training concerning technology of which the 4
defendant has a unique knowledge; or 5
(c) The use of the computer by the defendant will assist 6
companies that require the use of the specific technological 7
knowledge of the defendant that is unique and is otherwise 8
unavailable to the company. 9
3. Except as otherwise provided in subsection 1, if a defendant 10
is convicted of an offense that involved the use of a computer, 11
system or network and the court grants probation or suspends the 12
sentence, the court may, in addition to any other condition ordered 13
pursuant to NRS 176A.400, order as a condition of probation or 14
suspension that the defendant not own or use a computer, including, 15
without limitation, use electronic mail, a chat room or the Internet. 16
4. As used in this section: 17
(a) “Computer” has the meaning ascribed to it in NRS 205.4735 18
and includes, without limitation, an electronic communication 19
device. 20
(b) “Electronic communication device” has the meaning 21
ascribed to it in NRS 200.737. 22
(c) “Network” has the meaning ascribed to it in NRS 205.4745. 23
(d) “System” has the meaning ascribed to it in NRS 205.476. 24
(e) “Text messaging” has the meaning ascribed to it in 25
NRS 200.575. 26
Sec. 19. NRS 178.5698 is hereby amended to read as follows: 27
178.5698 1. The prosecuting attorney, sheriff or chief of 28
police shall, upon the request of a victim or witness, inform the 29
victim or witness: 30
(a) When the defendant is released from custody at any time 31
before or during the trial, including, without limitation, when the 32
defendant is released pending trial or subject to electronic 33
supervision; 34
(b) If the defendant is so released, the amount of bail required, if 35
any; and 36
(c) Of the final disposition of the criminal case in which the 37
victim or witness was directly involved. 38
2. A request for information made pursuant to subsection 1 39
must be made: 40
(a) In writing; or 41
(b) By telephone through an automated or computerized system 42
of notification, if such a system is available. 43
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3. If an offender is convicted of a sexual offense or an offense 1
involving the use or threatened use of force or violence against the 2
victim, the court shall provide: 3
(a) To each witness, documentation that includes: 4
(1) A form advising the witness of the right to be notified 5
pursuant to subsection 5; 6
(2) The form that the witness must use to request notification 7
in writing; and 8
(3) The form or procedure that the witness must use to 9
provide a change of address after a request for notification has been 10
submitted. 11
(b) To each person listed in subsection 4, documentation that 12
includes: 13
(1) A form advising the person of the right to be notified 14
pursuant to subsection 5 or 6 and NRS 176.015, 176A.630, 15
178.4715, 209.392, 209.3923, 209.3925, 209.429, 209.521, 213.010, 16
213.040, 213.095 and 213.131 or NRS 213.10915; 17
(2) The forms that the person must use to request 18
notification; and 19
(3) The forms or procedures that the person must use to 20
provide a change of address after a request for notification has been 21
submitted. 22
4. The following persons are entitled to receive documentation 23
pursuant to paragraph (b) of subsection 3: 24
(a) A person against whom the offense is committed. 25
(b) A person who is injured as a direct result of the commission 26
of the offense. 27
(c) If a person listed in paragraph (a) or (b) is under the age of 28
18 years, each parent or guardian who is not the offender. 29
(d) Each surviving spouse, parent and child of a person who is 30
killed as a direct result of the commission of the offense. 31
(e) A relative of a person listed in paragraphs (a) to (d), 32
inclusive, if the relative requests in writing to be provided with the 33
documentation. 34
5. Except as otherwise provided in subsection 6, if the offense 35
was a felony and the offender is imprisoned, the warden of the 36
prison shall, if the victim or witness so requests in writing and 37
provides a current address, notify the victim or witness at that 38
address when the offender is released from the prison. 39
6. If the offender was convicted of a violation of subsection 3 40
of NRS 200.366 or a violation of subsection 1, paragraph (a) of 41
subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of 42
NRS 200.508, the warden of the prison shall notify: 43
(a) The immediate family of the victim if the immediate family 44
provides their current address; 45
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(b) Any member of the victim’s family related within the third 1
degree of consanguinity, if the member of the victim’s family so 2
requests in writing and provides a current address; and 3
(c) The victim, if the victim will be 18 years of age or older at 4
the time of the release and has provided a current address, 5
before the offender is released from prison. 6
7. The warden must not be held responsible for any injury 7
proximately caused by the failure to give any notice required 8
pursuant to this section if no address was provided to the warden or 9
if the address provided is inaccurate or not current. 10
8. As used in this section: 11
(a) “Immediate family” means any adult relative of the victim 12
living in the victim’s household. 13
(b) “Sexual offense” means: 14
(1) Sexual assault pursuant to NRS 200.366; 15
(2) Statutory sexual seduction pursuant to NRS 200.368; 16
(3) Battery with intent to commit sexual assault pursuant to 17
NRS 200.400; 18
(4) An offense involving pornography and a minor or an 19
artificial intelligence-generated minor pursuant to NRS 200.710 to 20
200.730, inclusive; 21
(5) Fertility fraud pursuant to paragraph (a) of subsection 1 22
of NRS 200.975; 23
(6) Incest pursuant to NRS 201.180; 24
(7) Open or gross lewdness pursuant to NRS 201.210; 25
(8) Indecent or obscene exposure pursuant to NRS 201.220; 26
(9) Lewdness with a child pursuant to NRS 201.230; 27
(10) Sexual penetration of a dead human body pursuant to 28
NRS 201.450; 29
(11) Sexual conduct between certain employees of a school 30
or volunteers at a school and a pupil pursuant to NRS 201.540; 31
(12) Sexual conduct between certain employees of a college 32
or university and a student pursuant to NRS 201.550; 33
(13) Luring a child or a person with mental illness pursuant 34
to NRS 201.560, if punished as a felony; 35
(14) An offense that, pursuant to a specific statute, is 36
determined to be sexually motivated; or 37
(15) An attempt to commit an offense listed in this 38
paragraph. 39
Sec. 20. NRS 179.245 is hereby amended to read as follows: 40
179.245 1. Except as otherwise provided in subsection 6 and 41
NRS 176.211, 176A.245, 176A.265, 176A.295, 179.247, 179.259, 42
201.354 and 453.3365, a person may petition the court in which the 43
person was convicted for the sealing of all records relating to a 44
conviction of: 45
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(a) A category A felony, a crime of violence or residential 1
burglary pursuant to NRS 205.060 after 10 years from the date of 2
release from actual custody or discharge from parole or probation, 3
whichever occurs later; 4
(b) Except as otherwise provided in paragraphs (a) and (e), a 5
category B, C or D felony after 5 years from the date of release from 6
actual custody or discharge from parole or probation, whichever 7
occurs later; 8
(c) A category E felony after 2 years from the date of release 9
from actual custody or discharge from parole or probation, 10
whichever occurs later; 11
(d) Except as otherwise provided in paragraph (e), any gross 12
misdemeanor after 2 years from the date of release from actual 13
custody or discharge from probation, whichever occurs later; 14
(e) A violation of NRS 422.540 to 422.570, inclusive, a 15
violation of NRS 484C.110 or 484C.120 other than a felony, or a 16
battery which constitutes domestic violence pursuant to NRS 33.018 17
other than a felony, after 7 years from the date of release from actual 18
custody or from the date when the person is no longer under a 19
suspended sentence, whichever occurs later; 20
(f) Except as otherwise provided in paragraph (e), if the offense 21
is punished as a misdemeanor, a battery pursuant to NRS 200.481, 22
harassment pursuant to NRS 200.571, stalking pursuant to NRS 23
200.575 or a violation of a temporary or extended order for 24
protection, after 2 years from the date of release from actual custody 25
or from the date when the person is no longer under a suspended 26
sentence, whichever occurs later; or 27
(g) Any other misdemeanor after 1 year from the date of release 28
from actual custody or from the date when the person is no longer 29
under a suspended sentence, whichever occurs later. 30
2. A petition filed pursuant to subsection 1 must: 31
(a) Be accompanied by the petitioner’s current, verified records 32
received from the Central Repository for Nevada Records of 33
Criminal History; 34
(b) If the petition references NRS 453.3365, include a certificate 35
of acknowledgment or the disposition of the proceedings for the 36
records to be sealed from all agencies of criminal justice which 37
maintain such records; 38
(c) Include a list of any other public or private agency, company, 39
official or other custodian of records that is reasonably known to the 40
petitioner to have possession of records of the conviction and to 41
whom the order to seal records, if issued, will be directed; 42
(d) Include information that, to the best knowledge and belief of 43
the petitioner, accurately and completely identifies the records to be 44
sealed, including, without limitation, the: 45
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(1) Date of birth of the petitioner; 1
(2) Specific conviction to which the records to be sealed 2
pertain; and 3
(3) Date of arrest relating to the specific conviction to which 4
the records to be sealed pertain; and 5
(e) If applicable, include a statement from the petitioner 6
certifying that at the time the crime for which the records to be 7
sealed was committed, the petitioner was being sex trafficked 8
pursuant to NRS 201.300. 9
3. Upon receiving a petition pursuant to this section, the court 10
shall notify the law enforcement agency that arrested the petitioner 11
for the crime and the prosecuting attorney, including, without 12
limitation, the Attorney General, who prosecuted the petitioner for 13
the crime. The prosecuting attorney and any person having relevant 14
evidence may testify and present evidence at any hearing on the 15
petition. 16
4. If the prosecuting agency that prosecuted the petitioner for 17
the crime stipulates to the sealing of the records, the court shall 18
apply the presumption set forth in NRS 179.2445 and seal the 19
records. If the prosecuting agency does not stipulate to the sealing of 20
the records or does not file a written objection within 30 days after 21
receiving notification pursuant to subsection 3 and the court makes 22
the findings set forth in subsection 5, the court may order the sealing 23
of the records in accordance with subsection 5 without a hearing. If 24
the court does not order the sealing of the records or the prosecuting 25
agency files a written objection, a hearing on the petition must be 26
conducted. At the hearing, unless an objecting party presents 27
evidence sufficient to rebut the presumption set forth in NRS 28
179.2445, the court shall apply the presumption and seal the records. 29
5. If the court finds that, in the period prescribed in subsection 30
1, the petitioner has not been charged with any offense for which the 31
charges are pending or convicted of any offense, except for minor 32
moving or standing traffic violations, the court may order sealed all 33
records of the conviction which are in the custody of any agency of 34
criminal justice or any public or private agency, company, official 35
or other custodian of records in the State of Nevada, and may also 36
order all such records of the petitioner returned to the file of the 37
court where the proceeding was commenced from, including, 38
without limitation, the Federal Bureau of Investigation and all other 39
agencies of criminal justice which maintain such records and which 40
are reasonably known by either the petitioner or the court to have 41
possession of such records. 42
6. A person may not petition the court to seal records relating 43
to a conviction of: 44
(a) A crime against a child; 45
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(b) A sexual offense; 1
(c) Invasion of the home with a deadly weapon pursuant to 2
NRS 205.067; 3
(d) A violation of NRS 484C.110 or 484C.120 that is punishable 4
as a felony pursuant to paragraph (c) of subsection 1 of 5
NRS 484C.400; 6
(e) A violation of NRS 484C.430; 7
(f) A homicide resulting from driving or being in actual physical 8
control of a vehicle while under the influence of intoxicating liquor 9
or a controlled substance or resulting from any other conduct 10
prohibited by NRS 484C.110, 484C.130 or 484C.430; 11
(g) A violation of NRS 488.410 that is punishable as a felony 12
pursuant to NRS 488.427; or 13
(h) A violation of NRS 488.420 or 488.425. 14
7. The provisions of paragraph (e) of subsection 1 and 15
paragraph (d) of subsection 6 must not be construed to preclude a 16
person from being able to petition the court to seal records relating 17
to a conviction for a violation of NRS 484C.110 or 484C.120 18
pursuant to this section if the person was found guilty of a violation 19
of NRS 484C.110 or 484C.120 that is punishable pursuant to: 20
(a) Paragraph (b) of subsection 1 of NRS 484C.400; or 21
(b) Paragraph (c) of subsection 1 of NRS 484C.400 but had a 22
judgment of conviction entered against him or her for a violation of 23
paragraph (b) of subsection 1 of NRS 484C.400 because the person 24
participated in the statewide sobriety and drug monitoring program 25
established pursuant to NRS 484C.392. 26
8. If the court grants a petition for the sealing of records 27
pursuant to this section, upon the request of the person whose 28
records are sealed, the court may order sealed all records of the civil 29
proceeding in which the records were sealed. 30
9. Notwithstanding any other provision of law, no fee may be 31
charged by any court or agency of criminal justice in this State 32
related to a petition for the sealing of records pursuant to this section 33
if, at the time the crime for which the records to be sealed was 34
committed, the petitioner was being sex trafficked pursuant to NRS 35
201.300. As used in this subsection, “fee” includes, without 36
limitation, any fee to file a petition, obtain fingerprints if provided 37
by a governmental agency of this State, obtain any records of 38
criminal history, obtain records of past arrests and convictions or 39
obtain or certify copies of documents pursuant to NRS 19.013 and 40
any other fee related to the sealing of records pursuant to this 41
section. 42
10. As used in this section: 43
(a) “Crime against a child” has the meaning ascribed to it in 44
NRS 179D.0357. 45
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(b) “Sexual offense” means: 1
(1) Murder of the first degree committed in the perpetration 2
or attempted perpetration of sexual assault or of sexual abuse or 3
sexual molestation of a child less than 14 years of age pursuant to 4
paragraph (b) of subsection 1 of NRS 200.030. 5
(2) Sexual assault pursuant to NRS 200.366. 6
(3) Statutory sexual seduction pursuant to NRS 200.368, if 7
punishable as a felony. 8
(4) Battery with intent to commit sexual assault pursuant to 9
NRS 200.400. 10
(5) An offense involving the administration of a drug to 11
another person with the intent to enable or assist the commission of 12
a felony pursuant to NRS 200.405, if the felony is an offense listed 13
in this paragraph. 14
(6) An offense involving the administration of a controlled 15
substance to another person with the intent to enable or assist the 16
commission of a crime of violence, if the crime of violence is an 17
offense listed in this paragraph. 18
(7) Abuse of a child pursuant to NRS 200.508, if the abuse 19
involved sexual abuse or sexual exploitation. 20
(8) An offense involving pornography and a minor or an 21
artificial intelligence-generated minor pursuant to NRS 200.710 to 22
200.730, inclusive. 23
(9) Fertility fraud pursuant to paragraph (a) of subsection 1 24
of NRS 200.975. 25
(10) Incest pursuant to NRS 201.180. 26
(11) Open or gross lewdness pursuant to NRS 201.210, if 27
punishable as a felony. 28
(12) Indecent or obscene exposure pursuant to NRS 201.220, 29
if punishable as a felony. 30
(13) Lewdness with a child pursuant to NRS 201.230. 31
(14) Sexual penetration of a dead human body pursuant to 32
NRS 201.450. 33
(15) Sexual conduct between certain employees of a school 34
or volunteers at a school and a pupil pursuant to NRS 201.540. 35
(16) Sexual conduct between certain employees of a college 36
or university and a student pursuant to NRS 201.550. 37
(17) Luring a child or a person with mental illness pursuant 38
to NRS 201.560, if punishable as a felony. 39
(18) An attempt to commit an offense listed in this 40
paragraph. 41
Sec. 21. NRS 179D.097 is hereby amended to read as follows: 42
179D.097 1. “Sexual offense” means any of the following 43
offenses: 44
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- *AB126*
(a) Murder of the first degree committed in the perpetration or 1
attempted perpetration of sexual assault or of sexual abuse or sexual 2
molestation of a child less than 14 years of age pursuant to 3
paragraph (b) of subsection 1 of NRS 200.030. 4
(b) Sexual assault pursuant to NRS 200.366. 5
(c) Statutory sexual seduction pursuant to NRS 200.368. 6
(d) Battery with intent to commit sexual assault pursuant to 7
subsection 4 of NRS 200.400. 8
(e) An offense involving the administration of a drug to another 9
person with the intent to enable or assist the commission of a felony 10
pursuant to NRS 200.405, if the felony is an offense listed in this 11
subsection. 12
(f) An offense involving the administration of a controlled 13
substance to another person with the intent to enable or assist the 14
commission of a crime of violence, if the crime of violence is an 15
offense listed in this section. 16
(g) Abuse of a child pursuant to NRS 200.508, if the abuse 17
involved sexual abuse or sexual exploitation. 18
(h) An offense involving pornography and a minor or an 19
artificial intelligence-generated minor pursuant to NRS 200.710 to 20
200.730, inclusive. 21
(i) Fertility fraud pursuant to paragraph (a) of subsection 1 of 22
NRS 200.975. 23
(j) Incest pursuant to NRS 201.180. 24
(k) Open or gross lewdness pursuant to NRS 201.210. 25
(l) Indecent or obscene exposure pursuant to NRS 201.220. 26
(m) Lewdness with a child pursuant to NRS 201.230. 27
(n) Sexual penetration of a dead human body pursuant to 28
NRS 201.450. 29
(o) Sexual conduct between certain employees of a school or 30
volunteers at a school and a pupil pursuant to NRS 201.540. 31
(p) Sexual conduct between certain employees of a college or 32
university and a student pursuant to NRS 201.550. 33
(q) Luring a child or a person with mental illness pursuant to 34
NRS 201.560, if punished as a felony. 35
(r) Sex trafficking pursuant to NRS 201.300. 36
(s) Any other offense that has an element involving a sexual act 37
or sexual conduct with another. 38
(t) An attempt or conspiracy to commit an offense listed in 39
paragraphs (a) to (s), inclusive. 40
(u) An offense that is determined to be sexually motivated 41
pursuant to NRS 175.547 or 207.193. 42
(v) An offense committed in another jurisdiction that, if 43
committed in this State, would be an offense listed in this 44
– 31 –
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subsection. This paragraph includes, without limitation, an offense 1
prosecuted in: 2
(1) A tribal court. 3
(2) A court of the United States or the Armed Forces of the 4
United States. 5
(w) An offense of a sexual nature committed in another 6
jurisdiction, whether or not the offense would be an offense listed in 7
this section, if the person who committed the offense resides or has 8
resided or is or has been a student or worker in any jurisdiction in 9
which the person is or has been required by the laws of that 10
jurisdiction to register as a sex offender because of the offense. This 11
paragraph includes, without limitation, an offense prosecuted in: 12
(1) A tribal court. 13
(2) A court of the United States or the Armed Forces of the 14
United States. 15
(3) A court having jurisdiction over juveniles. 16
2. Except for the offenses described in paragraphs (o) and (p) 17
of subsection 1, the term does not include an offense involving 18
consensual sexual conduct if the victim was: 19
(a) An adult, unless the adult was under the custodial authority 20
of the offender at the time of the offense; or 21
(b) At least 13 years of age and the offender was not more than 22
4 years older than the victim at the time of the commission of the 23
offense. 24
Sec. 22. NRS 179D.115 is hereby amended to read as follows: 25
179D.115 “Tier II offender” means an offender convicted of a 26
crime against a child or a sex offender, other than a Tier III 27
offender, whose crime against a child is punishable by 28
imprisonment for more than 1 year or whose sexual offense: 29
1. If committed against a child, constitutes: 30
(a) Luring a child pursuant to NRS 201.560, if punishable as a 31
felony; 32
(b) Abuse of a child pursuant to NRS 200.508, if the abuse 33
involved sexual abuse or sexual exploitation; 34
(c) An offense involving sex trafficking pursuant to NRS 35
201.300 or prostitution pursuant to NRS 201.320 or 201.395; 36
(d) An offense involving pornography and a minor or an 37
artificial intelligence-generated minor pursuant to NRS 200.710 to 38
200.730, inclusive; or 39
(e) Any other offense that is comparable to or more severe than 40
the offenses described in 34 U.S.C. § 20911(3); 41
2. Involves an attempt or conspiracy to commit any offense 42
described in subsection 1; 43
3. If committed in another jurisdiction, is an offense that, if 44
committed in this State, would be an offense listed in this section. 45
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This subsection includes, without limitation, an offense prosecuted 1
in: 2
(a) A tribal court; or 3
(b) A court of the United States or the Armed Forces of the 4
United States; or 5
4. Is committed after the person becomes a Tier I offender if 6
any of the person’s sexual offenses constitute an offense punishable 7
by imprisonment for more than 1 year. 8
Sec. 23. NRS 213.1258 is hereby amended to read as follows: 9
213.1258 1. Except as otherwise provided in subsection 2, if 10
the Board releases on parole a prisoner convicted of stalking with 11
the use of an Internet or network site, electronic mail, text 12
messaging or any other similar means of communication pursuant to 13
subsection 4 of NRS 200.575, an offense involving pornography 14
and a minor or an artificial intelligence-generated minor pursuant 15
to NRS 200.710 to 200.730, inclusive, luring a child or a person 16
with mental illness through the use of a computer, system or 17
network pursuant to paragraph (a) or (b) of subsection 4 of NRS 18
201.560 or a violation of NRS 201.553 which involved the use of an 19
electronic communication device, the Board shall, in addition to any 20
other condition of parole, require as a condition of parole that the 21
parolee not own or use a computer, including, without limitation, 22
use electronic mail, a chat room or the Internet. 23
2. The Board is not required to impose a condition of parole set 24
forth in subsection 1 if the Board finds that: 25
(a) The use of a computer by the parolee will assist a law 26
enforcement agency or officer in a criminal investigation; 27
(b) The parolee will use the computer to provide technological 28
training concerning technology of which the defendant has a unique 29
knowledge; or 30
(c) The use of the computer by the parolee will assist companies 31
that require the use of the specific technological knowledge of the 32
parolee that is unique and is otherwise unavailable to the company. 33
3. Except as otherwise provided in subsection 1, if the Board 34
releases on parole a prisoner convicted of an offense that involved 35
the use of a computer, system or network, the Board may, in 36
addition to any other condition of parole, require as a condition of 37
parole that the parolee not own or use a computer, including, 38
without limitation, use electronic mail, a chat room or the Internet. 39
4. As used in this section: 40
(a) “Computer” has the meaning ascribed to it in NRS 205.4735 41
and includes, without limitation, an electronic communication 42
device. 43
(b) “Electronic communication device” has the meaning 44
ascribed to it in NRS 200.737. 45
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- *AB126*
(c) “Network” has the meaning ascribed to it in NRS 205.4745. 1
(d) “System” has the meaning ascribed to it in NRS 205.476. 2
(e) “Text messaging” has the meaning ascribed to it in 3
NRS 200.575. 4
Sec. 24. NRS 432B.198 is hereby amended to read as follows: 5
432B.198 1. An agency which provides child welfare 6
services shall secure from appropriate law enforcement agencies 7
information on the background and personal history of each 8
applicant for employment with the agency, and each employee of 9
the agency, to determine: 10
(a) Whether the applicant or employee has been convicted of: 11
(1) Murder, voluntary manslaughter, involuntary 12
manslaughter or mayhem; 13
(2) Any other felony involving the use or threatened use of 14
force or violence or the use of a firearm or other deadly weapon; 15
(3) Assault with intent to kill or to commit sexual assault or 16
mayhem; 17
(4) Battery which results in substantial bodily harm to the 18
victim; 19
(5) Battery that constitutes domestic violence that is 20
punishable as a felony; 21
(6) Battery that constitutes domestic violence, other than a 22
battery described in subparagraph (5), within the immediately 23
preceding 3 years; 24
(7) Sexual assault, statutory sexual seduction, incest, 25
lewdness, indecent exposure, an offense involving pornography and 26
a minor or an artificial intelligence-generated minor or any other 27
sexually related crime; 28
(8) A crime involving pandering or prostitution, including, 29
without limitation, a violation of any provision of NRS 201.295 to 30
201.440, inclusive, other than a violation of NRS 201.354 by 31
engaging in prostitution; 32
(9) Abuse or neglect of a child, including, without limitation, 33
a violation of any provision of NRS 200.508 or 200.5083; 34
(10) A violation of any federal or state law regulating the 35
possession, distribution or use of any controlled substance or any 36
dangerous drug as defined in chapter 454 of NRS within the 37
immediately preceding 3 years; 38
(11) A violation of any federal or state law prohibiting 39
driving or being in actual physical control of a vehicle while under 40
the influence of intoxicating liquor or a controlled substance that is 41
punishable as a felony; 42
(12) A violation of any federal or state law prohibiting 43
driving or being in actual physical control of a vehicle while under 44
the influence of intoxicating liquor or a controlled substance, other 45
– 34 –
- *AB126*
than a violation described in subparagraph (11), within the 1
immediately preceding 3 years; 2
(13) Abuse, neglect, exploitation, isolation or abandonment 3
of older persons or vulnerable persons, including, without 4
limitation, a violation of any provision of NRS 200.5091 to 5
200.50995, inclusive, or a law of any other jurisdiction that 6
prohibits the same or similar conduct; or 7
(14) Any offense involving arson, fraud, theft, 8
embezzlement, burglary, robbery, fraudulent conversion, 9
misappropriation of property or perjury within the immediately 10
preceding 7 years; or 11
(b) Whether there are criminal charges pending against the 12
applicant or employee for a crime listed in paragraph (a). 13
2. An agency which provides child welfare services shall 14
request information from: 15
(a) The Statewide Central Registry concerning an applicant for 16
employment with the agency, or an employee of the agency, to 17
determine whether there has been a substantiated report of child 18
abuse or neglect made against the applicant or employee; and 19
(b) The central registry of information concerning the abuse or 20
neglect of a child established by any other state in which the 21
applicant or employee resided within the immediately preceding 5 22
years to ensure satisfactory clearance with that registry. 23
3. Each applicant for employment with an agency which 24
provides child welfare services, and each employee of an agency 25
which provides child welfare services, must submit to the agency: 26
(a) A complete set of his or her fingerprints and written 27
authorization to forward those fingerprints to the Central Repository 28
for Nevada Records of Criminal History for submission to the 29
Federal Bureau of Investigation for its report; and 30
(b) Written authorization for the agency to obtain any 31
information that may be available from the Statewide Central 32
Registry or the central registry of information concerning the abuse 33
or neglect of a child established by any other state in which the 34
applicant or employee resided within the immediately preceding 5 35
years. 36
4. An agency which provides child welfare services may 37
exchange with the Central Repository or the Federal Bureau of 38
Investigation any information concerning the fingerprints submitted 39
pursuant to this section. 40
5. When a report from the Federal Bureau of Investigation is 41
received by the Central Repository, the Central Repository shall 42
immediately forward a copy of the report to the agency which 43
provides child welfare services for a determination of whether the 44
applicant or employee has criminal charges pending against him or 45
– 35 –
- *AB126*
her for a crime listed in paragraph (a) of subsection 1 or has been 1
convicted of a crime listed in paragraph (a) of subsection 1. 2
6. An agency which provides child welfare services shall 3
conduct an investigation of each employee of the agency pursuant to 4
this section at least once every 5 years after the initial investigation. 5
7. For the purposes of this section, the period during which 6
criminal charges are pending against an applicant or employee for a 7
crime listed in paragraph (a) of subsection 1 begins when the 8
applicant or employee is arrested for such a crime and ends when: 9
(a) A determination is made as to the guilt or innocence of the 10
applicant or employee with regard to such a crime at a trial or by a 11
plea; or 12
(b) The prosecuting attorney makes a determination to: 13
(1) Decline charging the applicant or employee with a crime 14
listed in paragraph (a) of subsection 1; or 15
(2) Proceed with charges against the applicant or employee 16
for only one or more crimes not listed in paragraph (a) of 17
subsection 1. 18
8. As used in this section, “Statewide Central Registry” means 19
the Statewide Central Registry for the Collection of Information 20
Concerning the Abuse or Neglect of a Child established by 21
NRS 432.100. 22
Sec. 25. NRS 433B.183 is hereby amended to read as follows: 23
433B.183 1. A division facility which provides residential 24
treatment to children shall secure from appropriate law enforcement 25
agencies information on the background and personal history of 26
each employee of the facility to determine: 27
(a) Whether the employee has been convicted of: 28
(1) Murder, voluntary manslaughter, involuntary 29
manslaughter or mayhem; 30
(2) Any other felony involving the use or threatened use of 31
force or violence or the use of a firearm or other deadly weapon; 32
(3) Assault with intent to kill or to commit sexual assault or 33
mayhem; 34
(4) Battery which results in substantial bodily harm to the 35
victim; 36
(5) Battery that constitutes domestic violence that is 37
punishable as a felony; 38
(6) Battery that constitutes domestic violence, other than a 39
battery described in subparagraph (5), within the immediately 40
preceding 3 years; 41
(7) Sexual assault, statutory sexual seduction, incest, 42
lewdness, indecent exposure, an offense involving pornography and 43
a minor or an artificial intelligence-generated minor or any other 44
sexually related crime; 45
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(8) A crime involving pandering or prostitution, including, 1
without limitation, a violation of any provision of NRS 201.295 to 2
201.440, inclusive, other than a violation of NRS 201.354 by 3
engaging in prostitution; 4
(9) Abuse or neglect of a child, including, without limitation, 5
a violation of any provision of NRS 200.508 or 200.5083; 6
(10) A violation of any federal or state law regulating the 7
possession, distribution or use of any controlled substance or any 8
dangerous drug as defined in chapter 454 of NRS within the 9
immediately preceding 3 years; 10
(11) A violation of any federal or state law prohibiting 11
driving or being in actual physical control of a vehicle while under 12
the influence of intoxicating liquor or a controlled substance that is 13
punishable as a felony; 14
(12) A violation of any federal or state law prohibiting 15
driving or being in actual physical control of a vehicle while under 16
the influence of intoxicating liquor or a controlled substance, other 17
than a violation described in subparagraph (11), within the 18
immediately preceding 3 years; 19
(13) Abuse, neglect, exploitation, isolation or abandonment 20
of older persons or vulnerable persons, including, without 21
limitation, a violation of any provision of NRS 200.5091 to 22
200.50995, inclusive, or a law of any other jurisdiction that 23
prohibits the same or similar conduct; or 24
(14) Any offense involving arson, fraud, theft, 25
embezzlement, burglary, robbery, fraudulent conversion, 26
misappropriation of property or perjury within the immediately 27
preceding 7 years; or 28
(b) Whether there are criminal charges pending against the 29
employee for a crime listed in paragraph (a). 30
2. An employee must submit to the Division a complete set of 31
fingerprints and written authorization to forward those fingerprints 32
to the Central Repository for Nevada Records of Criminal History 33
for submission to the Federal Bureau of Investigation for its report. 34
3. The Division may exchange with the Central Repository or 35
the Federal Bureau of Investigation any information concerning the 36
fingerprints submitted. 37
4. The Division may charge an employee investigated pursuant 38
to this section for the reasonable cost of that investigation. 39
5. When a report from the Federal Bureau of Investigation is 40
received by the Central Repository, the Central Repository shall 41
immediately forward a copy of the report to the Division for a 42
determination of whether the employee has criminal charges 43
pending against him or her for a crime listed in paragraph (a) of 44
– 37 –
- *AB126*
subsection 1 or has been convicted of a crime listed in paragraph (a) 1
of subsection 1. 2
6. An employee who is required to submit to an investigation 3
required pursuant to this section shall not have contact with a child 4
in a division facility without supervision before the investigation of 5
the background and personal history of the employee has been 6
conducted. 7
7. The division facility shall conduct an investigation of each 8
employee pursuant to this section at least once every 5 years after 9
the initial investigation. 10
8. For the purposes of this section, the period during which 11
criminal charges are pending against an employee for a crime listed 12
in paragraph (a) of subsection 1 begins when the employee is 13
arrested for such a crime and ends when: 14
(a) A determination is made as to the guilt or innocence of the 15
employee with regard to such a crime at a trial or by a plea; or 16
(b) The prosecuting attorney makes a determination to: 17
(1) Decline charging the employee with a crime listed in 18
paragraph (a) of subsection 1; or 19
(2) Proceed with charges against the employee for only one 20
or more crimes not listed in paragraph (a) of subsection 1. 21
Sec. 26. This act becomes effective on July 1, 2025. 22
H